Kamehameha Schools Ready To Defend Preference Policy Before Appeals Panel

October 15, 2004

Contributed by Kekoa Paulsen

A three-judge appeals court panel will hear oral arguments in the Doe vs. Kamehameha Schools case at the University of Hawaii Richardson School of Law. The three judges who will sit on the panel have not been announced.

"Kamehameha Schools will argue that the appeals court should uphold the ruling issued by Federal Judge Alan Kay last November, and let our preference policy stand,' said Nainoa Thompson, Chairman of the Kamehameha Schools Board of Trustees. "We are prepared to defend our policy for as long as it takes to correct the educational imbalances suffered by Hawaiians."

"The same excellent legal team that defended our policy before Judge Kay will present our arguments before the appeals court. They are well-prepared and ready," added Kamehameha Schools Chief Executive Officer Dee Jay Mailer.

In his ruling from the bench last year, Judge Kay held that Kamehameha Schools' preference policy is legally justified as a means of correcting societal imbalances suffered by Hawaiians as the result of Western contact. The judge held that Kamehameha Schools' history and mission are "exceptionally unique," and noted that the school is privately funded and its efforts to correct imbalances have been recognized by Congress.

"It's absolutely fitting that the arguments be held here in Hawaii, in the homeland of Princess Pauahi and the children she gave her wealth to educate," said Mailer. "Hawaiians have made tremendous strides. There are Hawaiian leaders in every industry and field in this state. Pauahi has helped make that possible. But we still have work to do."

Added Thompson, "We're a private school. We don't accept federal money and we're not asking for any. All we want is to finish the job Pauahi started 117 years ago. I see this as an issue of equality. We need to restore the balance that has been lost. That's good for Hawaiians and its good for all of Hawaii."

Kamehameha Schools - Kapalama Campus president and headmaster Michael J. Chun, PhD, joined Trustee Thompson and CEO Mailer in affirming Kamehameha's resolve to defend the policy on behalf of the students it serves. To illustrate the impact of the Schools within the Hawaiian community, Dr. Chun shared a moving essay written by a recent Kamehameha graduate that described the student's struggle to succeed in school despite many challenges in his personal life.

Kamehameha Schools is inviting all who wish to show their support for the Schools' mission to attend services planned for October 31st - the day the Pauahi signed her will - and Nov. 4 - the day of the hearing, which is also the 117th birthday of the Schools' founding. The Oct. 31 event, called "Legacy Day," will be held at the Bernice Pauahi Bishop Memorial Chapel on the Kapalama campus. The chapel will be open to the public from 1:30p.m. to 5:00 p.m. A prayer service will be held in the chapel starting at 3:00 p.m.

Kamehameha Schools is also organizing simultaneous prayer services for the morning of Nov. 4 on the UH Manoa campus, the Kamehameha Schools campuses on Hawaii Island and Maui, and at churches throughout the state. The services will begin at 7 a.m. and end by 8:15 a.m. The public is invited to both the October 31 and Nov. 4 services. More details will be posted at www.ksbe.edu as they are finalized.

"We will use these services to reflect on what Pauahi's gift means to all of us - Hawaiians and non-Hawaiians -- and we invite all who wish to do the same to join us," said Mailer. "Pauahi was a devout Christian. We believe that praying to Ke Akua for guidance and support is what she would have done and would want us to do."

"This case is critical to allowing us to fulfill our mission," said Thompson. "There is an opportunity here for all of us who believe in this mission and its benefit to our entire society, to stand together to support it. I hope our entire community can come together for this purpose."

Kamehameha Schools was created in 1884 by the will of Princess Bernice Pauahi Bishop. Its policy of giving admissions preference to Hawaiian applicants was adopted by the first board of Trustees, led by Pauahi's widower, Charles Reed Bishop, and was in place when The Kamehameha School for Boys opened its doors in 1887. Kamehameha's mission is to improve the capability and well-being of Hawaiians through education.

Download Event Flyer (Acrobat PDF 1.0 MB)