KAMEHAMEHA SCHOOLS ADMISSIONS LAWSUITS
Challenges To Kamehameha Schools’ (“KS”)
Admissions Preference for Applicants of Hawaiian Ancestry

THE SECOND CASE: MOHICA-CUMMINGS v. KS
Who are the parties?
Plaintiff: Brayden Mohica-Cummings (by his mother Kalena Santos)
Defendant: Kamehameha Schools / Trustees

What is the Plaintiff claiming?
The Plaintiff, a seventh grade applicant to the Kapalama campus, was initially admitted under KS’ preference for Hawaiian applicants based upon statements in his application that his biological grandfather was Hawaiian. The applicant’s admission was rescinded when it was later revealed that those statements were untrue and that the birth certificate his mother had submitted was for her adoptive father, rather than her biological father. The Plaintiff, retaining the same attorneys who filed the Doe lawsuit, claims that he was denied admissions based on ancestry and that KS’ admissions policy violates Section 1981 (see discussion in the Doe case).

What is the Plaintiff asking for?
- An end to KS’ admissions preference policy
- Permanent admission to the Kapalama Campus
- Monetary damages

What is the status of the case?
The Plaintiff filed his complaint in Federal Court on August 18, 2003. Judge David Ezra will be hearing arguments to decide the legality of KS’ admissions preference on November 18, 2003.

On August 20, 2003, Judge Ezra ordered KS to temporarily admit the Plaintiff pending a decision on the legality of KS’ admissions policy. This order was based on the fact that the Plaintiff had already missed approximately three weeks of classes at his former school, when KS formally rescinded the offer of admission. Judge Ezra made it clear that his ruling was not based on any inclination on his part to declare KS’ admissions policy illegal.

KS STATEMENT ON SECOND ADMISSIONS LAWSUIT
From Colleen Wong
Acting Chief Executive Officer

Kamehameha Schools has received notification that a second lawsuit seeking to strike down Kamehameha Schools’ admissions preference policy has been filed in U.S. District Court in Honolulu.

The second suit was filed on behalf of an applicant whose invitation to attend Kamehameha for the 2003-04 school year was rescinded after KS discovered that inaccurate documentation to verify Hawaiian ancestry was submitted on the applicant's behalf.

As with the first lawsuit, this claim attempts to invalidate our admissions preference policy. In addition, the law firm is asking the court to grant a Temporary Restraining Order. If granted, the TRO would instruct KS to admit the student for at least a portion of the coming school year.

The decision to rescind the invitation aligns with KS’ admissions preference policy, which we believe is consistent with applicable law. The policy is consistent with the desires of Princess Pauahi to provide educational opportunities to improve the capability and well-being of Hawaiians.

Kamehameha’s decision reflects our commitment to fairness to all applicants, and is based on the expectation that families will provide verifiable information on their applications.

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.