The lawsuit alleging that a psychiatrist taking referrals from Kamehameha Schools had sexually abused two dozen of its boys includes some chilling narratives from the former students. They recount how they were referred for help to Dr. Robert M. Browne, someone who, they said, hurt them grievously instead.
The suit against the school, which selected and paid Browne for treatment services, will play out in court. But whatever the outcome, the battle will cost the school dearly in a tarnished reputation and in the expense of defending itself.
The legal challenge, which came to light this week, stands as a stark reminder of the vulnerability of the young and the heavy responsibility that comes with providing them with supervision and care. Keeping a watchful eye for possible danger signs is a mandate more crucial than ever at institutions with the custody of minors.
The experience of those minors at Kamehameha, between 1958 and 1985, is the case the alleged victims will have to make in state Circuit Court. Also named are St. Francis Medical Center and Kuakini Health Center, where Browne had privileges.
The complaint document unveiled Tuesday brought out some harrowing allegations of rape, the use of pornography and other sexual misconduct.
This is not an issue for Kamehameha alone; attorneys said students at other Hawaii schools also were referred to Browne, who died in 1991 of a self-inflicted gunshot wound. And it is a problem addressed by schools nationally, with only marginal success.
The suit was enabled during the 2014 Legislature, with the passage of Senate Bill 2687. That measure extended the period during which a victim of child sexual abuse may file a civil action against the abuser or a “public or private legal entity that owed a duty of care to the victim.”
That extension will end April 24.
Institutional sexual abuse came under the most glaring public spotlight in recent years through the reports of sexual abuse in the Roman Catholic Church.
That raised consciousness on the issue globally; nationally, there were other high-profile scandals, such as the 2011 child sex abuse case against Jerry Sandusky, a Pennsylvania State University coach who ran a charity for underprivileged children.
The scope of the problem in American schools was outlined two years ago in a report from the U.S. Government Accountability Office. The upshot of the report is an overall failure in U.S. schools to protect students from sexual abuse.
The study cited cover-ups and identified myriad shortcomings, such as insufficient training of faculty and staff, incomplete teacher background checks and little guidance from federal education authorities.
Hawaii, like most states, mandates that child abuse or neglect be reported by specified individuals and institutions, including schools. Here, the agency receiving reports is Child Welfare Services. But even with a clear law, the federal report identified “challenges with ensuring that school personnel comply with the policies.”
When observed behavior falls into a gray area — perhaps the suspect is too attentive to a child or gives gifts, which can be precursors to criminal behavior — they may not flag the problem. Or, the report added, they may provide incomplete information or sound the alarm too late.
What seems plain from all of this is that it’s best to err on the side of caution. The advisory,“If you see something, say something” would seem to apply here. Observations involving one child might signal that there could be multiple victims, now or in the future.
Sexual abuse of children leaves lifelong scars. The adults who are raising them, teaching them and caring for them must do their utmost to protect them from that harm.
