KAILUA, OAHU (HawaiiNewsNow) - A longtime teacher at Kalaheo High School in Kailua is off the job and under investigation after one of his female students said he had sex with her at his Kailua home just weeks before she graduated.
Marc Murdock, 56, has taught English at Kalaheo for 16 years.
The Department of Education has placed him on "department-directed leave," meaning he continues to be paid while an investigation is under way, a DOE spokeswoman said.
In a court document asking for a temporary restraining order against Murdock, the girl, who was then 17, claimed Murdock invited her to his Koolau Vista apartment on Aoloa Street in Kailua last May under the pretense of talking about books and movies but then "… offered me wine and told me I could drink more than him and when I was drunk initiated sexual contact."
A little more than a week later, the girl claimed after she failed to respond to his messages, he waited for her outside the Kailua Big City Diner where she worked, refused to leave and had to be escorted out by the restaurant's manager.
She also complained he threatened "… to kill himself if I did not respond to his messages by sending pictures of his arm cut and bleeding and knives. Also emailing me that he was looking at ways to kill himself online."
In a court filing, Murdock's lawyer, Todd Eddins, said prosecutors turned over material that shows the girl "… steadfastly asserted verbally and in her own handwriting that sexual contact between the two was consensual. HPD closed its sexual assault investigation."
Eddins said the Honolulu Police Department conducted a sexual assault investigation "at the behest of" the girl's mother, which was later dropped.
Prosecutors charged Murdock with harassment, a petty misdemeanor, in June but in a court papers, Eddins said prosecutors have failed to turn over records of text and Instagram communications between Murdock and the girl to support their harassment charge.
"… the day after the 'sexual contact' (the student) sent Murdock a text message asking: 'Are you doing anything tonight?'" Eddins wrote in a court filing.
A second text from her to Murdock stated "You were trying to contact me all day yesterday and now that you have me you don't want to talk to me? Tease," according to a court filing.
About the same time, Eddins' filing said she texted Murdock: "I just taught myself how to cry on command."
She then texted, "I just taught myself how to cry on command," and later: "You start my mimicking the facial movements and the tears follow."
Eddins declined an interview.
Since the girl was 17 at the time of their sexual contact, Murdock was not eligible to face statutory rape charges because the age of consent in Hawaii is 16.
Murdock's harassment trial is scheduled for later this month in District Court when his former student is expected to return from college in Oregon to testify against him.