Martinez

BACKGROUND

When Martinez and Ali‘ikai Chaplin were in eighth grade, they ate lunch together one day. According to Chaplin, Martinez began to look at her “oddly” and “then reached for [her] breasts and [her] genitals.” Chaplin called Martinez “a ‘creep’ ” and ran away from him, but she did not report the incident to any adult at the time. Later, when they attended the same high school, Chaplin learned other students had accused Martinez of sexual assault. She and other students created “a ‘hate page’ on Instagram” that “consisted of the story that

[Martinez] had sexually assaulted [her].”1 According to Martinez, Chaplin recounted the eighth grade incident by posting the following statement on her Instagram account: “ ‘During this lunch, [Martinez] became very touchy. We were having this conversation about I don’t know what, then he reached for my tit and my vagina.’ ” Toledo was not present during the incident but reposted Chaplin’s accusation on his own Instagram account. A petition was posted on Instagram that urged readers to participate in a protest to remove

Martinez from school, and such a protest occurred at the school.2 Based on the sexual assault accusations, Martinez…