Doe vs. KAMEHAMEHA SCHOOLS
Challenge To Kamehameha Schools’ (“KS”)
Admissions Preference for Applicants of Hawaiian Ancestry

THE FIRST CASE: Doe v. KS
Who are the parties?
Plaintiff: Anonymous (referred to as John Doe)
Defendant: Kamehameha Schools / Trustees

What is the Plaintiff claiming?
The Plaintiff claims that he was denied admission to KS because he was not Hawaiian and that KS’ admissions preference for Hawaiians is illegal discrimination on the basis of race under a federal civil rights statute known as Section 1981 (42 U.S.C. §1981). Section 1981 prohibits racial discrimination in the formation and enforcement of contracts. The Plaintiff is not arguing that the admissions preference is unconstitutional.

What is the Plaintiff asking for?
- An end to KS’ admissions preference policy
- Admission for the applicant to any KS campus
- Monetary damages

What is the status of the case?
The Plaintiff filed his complaint in Federal Court on June 25, 2003. Judge Alan Kay will be hearing arguments to decide the legality of KS’ admissions preference on November 17, 2003.

KAMEHAMEHA SCHOOLS RESPONDS TO LAWSUIT
July 16, 2003

Admissions Policy Improves Well-Being of Hawaiians

The Kamehameha Schools today filed papers in court stating that its policy of giving admissions preference to Hawaiian applicants does not violate civil rights law. The filing in U.S. District Court responds to a complaint filed last month challenging the schools’ policy, which has been in place since the schools were founded in 1887.

The court response notes that the admissions preference policy exists to fulfill Kamehameha Schools’ mission, which is to create educational opportunities to improve the capability and well-being of people of Hawaiian ancestry.

The filing states: “KS’ mission is inspired by, among other things, the deprivations suffered by Hawaiians both prior and subsequent to the involuntary loss of their right of self-governance in 1893. Today, as in the past, native Hawaiian children face educational at-risk factors disproportionately compared to non-Hawaiian children. Through its educational programs, KS seeks to address these needs.”

“We have said in the past that Kamehameha Schools believes that its admissions policy is consistent with applicable law,” said Kamehameha Schools Board of Trustees Chair Constance Lau, speaking on behalf of the board. “We will vigorously defend the policy and we are confident that we will prevail.”

Kamehameha Schools is a statewide educational system founded and endowed by the legacy of Princess Bernice Pauahi Bishop. Nearly 4,900 students of Hawaiian ancestry are currently enrolled in K-12 campuses on three islands and at more than 30 preschool sites statewide. More than 12,000 additional learners are served each year through a range of other Kamehameha Schools’ outreach programs, community collaborations and financial aid opportunities in Hawai‘i and across the continental United States.

Kamehameha Schools' Court Response

KAMEHAMEHA SCHOOLS ASKS COURT TO
UPHOLD ADMISSIONS POLICY
September 29, 2003

Kamehameha Schools has asked the federal court in Honolulu to declare its admissions policy legally valid.

Two motions for summary judgment, filed this morning in U.S. District Court, respond to separate lawsuits challenging Kamehameha’s policy of offering admissions preference to Native Hawaiian applicants as violating a federal civil rights statute. The motions include declarations of support from more than a dozen Kamehameha Schools alumni and community leaders.

“We have always said we would vigorously defend our policy of preference and we are,” said Kamehameha Schools Acting Chief Executive Officer Colleen Wong. “Kamehameha plays a critical role in developing leaders and preserving the Hawaiian culture, which benefits our entire state. Through education, Kamehameha strives to overcome the past injustices suffered by Native Hawaiians. Our preference policy has been in place from the day Kamehameha Schools opened its doors, and it is essential to our mission, which is to provide educational opportunities to improve the capability and well-being of Native Hawaiians.”

“Kamehameha Schools’ preference policy is legally justified because it serves to remedy past injustices and present imbalances,” said attorney Crystal Rose, who represents Kamehameha Schools. “Kamehameha’s educational programs are needed to put Hawaiians back on an equal footing.” Rose is a partner in the law firm Bays, Deaver, Lung, Rose and Baba.

In addition to arguing that the preference policy is needed to correct the results of past wrongs, the motions filed by Kamehameha Schools today points out that the civil rights law cited by the plaintiffs was enacted in 1866 to remedy the effects of discrimination against former slaves. The statute was never intended to prohibit remedial educational programs such as Kamehameha’s, and has never been used to bar such programs.

The motions also note that in 2002, the U.S. Congress specifically recognized the need for educational services targeted at Native Hawaiians to address the effects of past deprivations and expressly identified Kamehameha as providing the types of educational programs needed.

Each motion includes sworn statements from Gov. Linda Lingle, former Gov. George Ariyoshi, First Hawaiian Bank Chief Executive Officer Walter Dods, Bank of Hawaii Chairman Mike O’Neill, Starwood Hotels & Resorts executive Keith Vieira, and other community leaders, several of them Kamehameha Schools alumni.

“We are very grateful for the support we have received from our Kamehameha ‘ohana and from the community at large,” said Wong. “These community leaders believe that allowing Kamehameha Schools to give admissions preference to applicants of Hawaiian ancestry is crucial to fulfilling our mission. They also believe that by helping Hawaiians, Kamehameha is helping the entire state.”

A copy of the motions and supporting declarations will be available for media review this afternoon at the law firm of Bays, Deaver, Lung, Rose and Baba.

Motion for Summary Judgment - Acrobat PDF (3.2MB)

TRUSTEES CELEBRATE RULING UPHOLDING ADMISSIONS POLICY
November 17 , 2003

Honolulu, HI. The Board of Trustees of Kamehameha Schools today celebrated federal Judge Alan Kay's ruling upholding the Schools' 116-year old policy of offering admissions preference to applicants of Hawaiian ancestry.

"This is an incredible day for Kamehameha Schools," said board chair Constance Lau. "We are ecstatic that what Hawaiians have always felt was right, what we have always felt was pono, has been upheld today in a court of law."

KS Trustees Constance Lau, J. Douglas Ing and Nainoa Thompson answer questions from the media after U.S. District Judge Alan Kay rules in favor of Kamehameha Schools' admissions policy. Pictured below are Ing and Thompson.

In upholding the preference policy, Judge Kay noted Princess Pauahi's intent as expressed in 1887 by her husband, Charles Reed Bishop, that her schools educate Hawaiian children first. He also agreed that Hawaiians continue to suffer educational and societal imbalances as a result of historical wrongs.

Kay stressed that Kamehameha Schools is a private institution, and said that in its 1993 Apology Resolution, the U.S. Congress determined that the imbalances resulted in part from the overthrow of the Hawaiian monarchy in 1893.

KS Trustees and KS supporters form a circle and sing "Sons of Hawai‘i" outside of the Federal Courthouse after the ruling.

Trustee Douglas Ing noted, "Judge Kay's ruling is important because it recognizes Kamehameha Schools' role in improving the capability and well-being of Hawaiians through education. We understand today's ruling will be appealed and that we face another legal battle in Judge Ezra's courtroom tomorrow, however, we are hopeful that the U.S. judicial system will recognize the importance of Kamehameha to the Hawaiian community and the entire state."

"Kamehameha Schools is a symbol of hope for the Hawaiian community and this ruling is a restoration of that hope," said Trustee Nainoa Thompson. "Today's judgement is one that will further unite the Hawaiian people and all those who care about Hawai`i."

Trustee Diane Plotts expressed gratitude for the overwhelming public support shown over the last few months. "The displays of support from the entire community -- from emails to petition signatures to participation in unity marches and celebrations of Hawaiian culture -- have encouraged us tremendously."

Supporters outside of the Federal Courthouse.

Kamehameha Schools supporters celebrated Judge Kay's ruling with KS trustees by chanting and singing the school song. Along with his fellow trustees, Admiral Robert Kihune thanked those gathered at court for their unwavering and dedicated support. "I can imagine our beloved Pauahi smiling down on all of us today."

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