Case where 7th grade teacher accused of inappropriate touching dismissed without prejudice

Pago Pago, AMERICAN SAMOA — A public school teacher who was in court yesterday facing a total of 15 criminal counts after he was accused of inappropriately touching female students had his case dismissed without prejudice.

Senetenari Malele appeared in High Court yesterday for his second PX or preliminary hearing on two counts of Sexual Abuse in the First degree, 6 counts of Endangering the Welfare of a Child, and 7 counts of Assault in the Third Degree.

Media was barred from the court, with Judge Pro Tempore Jon A. G. Clemens ordering all reporters in the court to leave. When asked for an explanation by one of the reporters, the query was ignored, and the reporter told to leave the court.

Samoa News has since been told that the case has been dismissed without prejudice meaning it can be refiled at a later date.

THE CASE

According to court documents, a 7th grade female student and her mother walked into the Tafuna Police Substation on the morning of March 29 to report an incident that occurred at Pavaiai Elementary School involving a male teacher.

The 7th grader allegedly told police that Malele has been touching her inappropriately in class during school hours.

Court documents allege that the first incident occurred on March 13 and took place in the classroom.

 The police report quotes the girl saying, “He grabbed her by the waist using his right hand and pulled her towards him when she stood next to him.” He touched her inappropriately, and “asked her if he should stop what he was doing or not.

“She was afraid to put a stop to it because she feared that it would cost her, her grades, so she didn’t say anything,” the report says.

The second incident was reported to have occurred on March 24 where much the same thing was alleged to have taken place. This time the 7th grader told a friend who said the same thing had also happened to her and on March 27 the girl told her homeroom teacher who allegedly reported it to school authorities.

That evening, on March 27, the girl’s mother stated that her eldest daughter approached her and told her that her younger sister didn’t want to go to school anymore because she doesn’t feel comfortable around one of her teachers, which prompted the mother to bring the incident to police.

The police report indicates there were allegations that at least 6 students were allegedly inappropriately touched.

The police report includes statements from three other girls who along with their parents were interviewed in regard to the allegations.

It also includes an account from one of the girls saying that she and other classmates saw several incidents involving the 7th grader, who went with her mother to the police station, being inappropriately touched and sexual harassed.