TRUSTEES MESSAGE TO KS 'OHANA
November 28, 2003

Aloha kakou!

On November 28, the Board of Trustees took a significant step forward to defend Kamehameha's admissions policy. After extended and vigorous discussion and examination of all arguments, the Trustees decided to accept an agreement to dismiss the Brayden Mohica-Cummings lawsuit that is now pending before Judge David Ezra. This means that this particular threat to our Hawaiian-preference admissions policy is eliminated. In exchange, Brayden will be allowed to continue at Kamehameha Schools through graduation as a regular, full-time student as long as he remains a student in good standing.

There were a number of important factors that contributed to our decision. Most significant is our duty to fulfill the mission of Kamehameha Schools, which is to improve the capability and well-being of persons of Hawaiian ancestry through education. Our policy of giving preference in admissions to Hawaiian children is central to our ability to achieve this mission, so we are committed to protecting this policy to the fullest extent possible. Our defense of Kamehameha's preference policy is well served by this settlement.

By settling this case, we believe we simplify the issues and improve our chances of winning on appeal. Assuming Federal and Probate Courts agree, the Mohica-Cummings case will be dismissed, which means that Judge Alan Kay's ruling in the "John/Jane Doe" vs. Kamehameha Schools case upholding our preference policy is the only one alive for an appeal.

Finally, even without the settlement, Brayden's attorney was planning to ask for a court order to keep him at Kamehameha through the appeals process. That would have taken at least four years, meaning Brayden could have stayed at Kapalama at least through his junior year in high school. Because the case involves a minor, the settlement is subject to approval by the Hawaii Probate Court. Federal Court must also approve the agreement.

Allowing Brayden to stay at Kamehameha does not set a precedent of any kind. As we have said from the beginning, this issue has never been about a single student. It has been about preserving our mission and our ability to serve the Hawaiian people in accordance with our founder's intent.

This was an extremely difficult decision for management to recommend and for the Board to make. We deliberated fully and considered the impact this would have on our children, who are our first priority, and on our community, which has offered such strength to us during these legal challenges. In the end, we all agreed that defending our right to offer admissions preference to children of Hawaiian ancestry is paramount for everyone – for our children, for our community, and for all of Hawai`i.

It is clearly our kuleana to make decisions that best enable Kamehameha to continue to care for the Pauahi's vision and thus to persevere in our vigorous defense of our admissions policy. It is our responsibility to protect the best interest of our children - the thousands of our contemporary time and the generations to follow.

To those of you who have participated in a wide variety of expressions of support, we thank you. Whether they were marches or petition drives or letters to the editor, or any of the many other ways you showed your support, all made a difference in achieving Judge Kay's favorable ruling. Although our settlement of the Mohica-Cummings case may appear contrary to that effort, it is, in fact, that effort that leads us forward and allows us to focus on the most important battles – successful defense of our admissions policy at the next two levels of federal review.

If you would like to hear more about the status of the challenges to Kamehameha's admissions policy, we have arranged for talk-story sessions as follows:

We will be glad to discuss any questions or concerns you may have in this regard at any of these meetings. Mahalo for your understanding and support.

Kamehameha Schools Board of Trustees
Constance H. Lau, Chair
Nainoa Thompson, Vice Chair
Diane J. Plotts, Secretary/Treasurer
J. Douglas Ing, Member
Robert K. U. Kihune, Member
 
Acting Chief Executive Officer
Colleen Wong