The University of Hawaii must pay about $31,000 to a former student who was showering at a UH dormitory four years ago when an intruder tried to take photos or a video of her with his cellphone, a state judge has ruled.
Circuit Judge Rhonda Nishimura found UH negligent in not providing adequate security to ensure the safety of the dorm residents from outside intruders.
But the judge reduced the amount UH must pay because she found the former student negligent for not closing the bathroom door, which had been propped open by a wooden block.
The $31,000 is lower than the amount sought by Ronald Albu, lawyer for the woman.
Albu said his client’s primary reason for the lawsuit wasn’t the money, but to prevent similar incidents and to ensure that UH takes seriously the protection and safety of students, many of whom are living away from home for the first time.
Albu said he and his client were pleased that the judge found UH negligent, but said he was disappointed that Nishimura did not find the university liable under a state law prohibiting discrimination in housing accommodations by failing to adequately protect the female students.
Gregg Takayama, UH-Manoa’s director of community and government affairs, said UH did not have any comment.
Nishimura’s 15-page decision, issued Dec. 9, essentially adopted the verdict of an advisory jury in August that found the university 65 percent negligent and the woman 35 percent negligent.
Nishimura’s ruling means UH must pay $30,954, which is 65 percent of the $47,622 total award — $40,000 in compensatory damages and $7,622 in special damages.
The former student, now 23, who asked that her name not be used, has graduated from UH and is a graduate student at a mainland university.
SHE was 19 and a UH freshman when she was taking a shower at about 6 a.m. on Nov. 30, 2007, in the third-floor communal bathroom in the four-story Hale Kahawai dormitory.
Male students were assigned to the first and fourth floors; female students to the second and third floors.
The woman screamed when a man entered the bathroom and tried to take pictures with a cellphone, Nishimura’s ruling said.
The intruder fled and was never caught.
None of the residents who saw him fleeing recognized the man as a resident, Nishimura said.
Mental health experts later diagnosed the woman as suffering from post-traumatic stress disorder or anxiety disorder, the judge said.
She was prescribed drugs for her anxiety and depression, the judge’s ruling said.
Albu said the girl was embarrassed, upset and shocked by the incident. She lost 20 to 30 pounds, had difficulty sleeping and suffered panic attacks and a gastrointestinal ulcer.
Albu suggested the jury return a verdict of $100,000 to $250,000. UH lawyers argued against holding the school liable.
The jurors returned their verdict after 10 days of trial in Nishimura’s courtroom in July and August.
NISHIMURA noted that in the month prior to the incident, there were two other reports of unauthorized access to dormitories. She also said Hale Kahawai did not check identifications of guests or invitees and relied on the dormitory staff at the front desk to recognize residents.
Within six hours of the shower incident, UH installed locks on all women’s bathroom doors at the dormitory, the judge said.
Albu said the prompt installation of the locks underscored that UH had the ability to do it earlier.
He said he would recommend an appeal of the judge’s refusal to find liability on the discrimination claim that UH failed to take adequate measures to protect the female students, essentially creating a hostile environment.
If he and his client prevail, they will be entitled to attorney fees and costs, which could be more than $100,000 for the three years of litigation, Albu said.
