KAMEHAMEHA SCHOOLS 2010. News, commentaries, and legal issues during 2010 related to attempts to desegregate Kamehameha schools and to identify the political influences wielded by this racially exclusionary institution (formerly Bishop Estate) worth $9-15 Billion. Salaries for trustees and top executives are published in newspaper. Kamehameha Maui will admit a student with no native blood to its 10th grade in Fall, according to an e-mail to alumni posted on the KSBE website on Friday July 2 at 6:05 PM (the dead zone for news at start of 3-day holiday weekend). Newspapers and TV did not mention it until a week later! (presumably waiting for school news release to tell them how to spin the story). The story of Kalani Rosell, the non-Hawaiian student whose admission to Kamehameha Schools Maui in 2002 sparked community outrage, might become a motion picture. In November, the 9th Circuit Court refused to allow en-banc appeal of 3-judge decision that children complaining about segregated admissions policy cannot remain anonymous, but several judges wrote lengthy dissents citing anti-Caucasian racism and violence in Hawaii. Honolulu Star-Advertiser columnist, and also editorial, vehemently deny there's anti-Caucasian racial violence in schools (despite evidence to contrary).

On this webpage is a history of the controversy regarding Kamehameha Schools' racially exclusionary ("Hawaiian 'preference'") admissions policy, for the year 2010. But first:

A QUICK REVIEW OF EVENTS BEFORE 2010

For general background about the history of Kamehameha Schools and its racially exclusionary admissions policy, with links to webpages covering each year's history of efforts to desegregate the schools since 2002, including full text of all significant news reports and commentaries for each year, see:
http://www.angelfire.com/hi2/hawaiiansovereignty/kamschool.html

There have been several lawsuits against Kamehameha Schools' admissions policy. The one that caused the greatest uproar and reached all the way to the U.S. Supreme Court in 2007, got started in 2003.

Following a series of protest marches by thousands of red-shirted supporters of racial segregaton, protesting the mere fact that such a lawsuit was being brought, Judge Alan Kay, in the U.S. District Court in Honolulu, issued a ruling on Monday November 16, 2003 upholding the schools' policy. That ruling was appealed to the 9th Circuit Court in San Francisco.

ORAL ARGUMENTS BEFORE THE THREE-JUDGE PANEL OF THE 9TH CIRCUIT COURT OF APPEALS WERE HELD ON FRIDAY, NOVEMBER 5, 2004. THE ORAL ARGUMENTS WERE TAPED, AND THE AUDIO FILE WAS LATER MADE AVAILABLE ON THE WEBSITE OF THE 9TH CIRCUIT COURT. Download is 8.52MB. Dialup internet users should think twice before trying to download such a large file.
http://www.ca9.uscourts.gov/ca9/media.nsf/8DF243E4ECB186DB88256F4300667F53/$file/04-15044.wma?openelement

On July 2, 2005 the three-judge panel of the 9th Circuit Court of Appeals overturned Judge Kay's decision by a 2-1 vote.

THE 9TH CIRCUIT 45-PAGE DECISION IN PDF FORMAT CAN BE DOWNLOADED FROM:

http://www.angelfire.com/hi5/bigfiles3/Kamehameha9thCircuit070205.pdf

For analysis of the decision, see the webpage: Kamehameha 9th Circuit Decision: the "Big Picture" and Some Brush-Strokes (demolishing Hawai'i's wall of apartheid one brick at a time)
http://www.angelfire.com/hi5/bigfiles3/Kam9thCircuitBigPicture.html

On August 6, 2005 there was a massive red-shirt protest march from the Royal Mausoleum ending with a rally of between 15,000 - 20,000 people at Iolani Palace. The rally included a pro-segregation speech by a red-shirted Governor Linda Lingle, to a crowd that included numerous anti-American signs. Smaller rallies took place on the neighbor islands. For news reports and photos, see:
http://www.angelfire.com/hi2/hawaiiansovereignty/kamschool2005.html

On August 23, 2005 Kamehameha Schools filed a petition to the 9th Circuit Court of Appeals asking for an en-banc hearing in which perhaps as many as 23 judges would reconsider the 3-judge decision; and Hawaii Attorney general Mark Bennett filed papers supporting the petition.

On December 5, 2006 the 9th Circuit Court of Appeals handed down its en-banc decision by a panel of 15 judges. They voted 8-7 to uphold Kamehameha's admissions policy. Here is the full text of the 110-page en-banc decision in pdf format directly from the 9th Circuit Court website. The first 53 pages are the majority ruling, and the last 57 pages are the minority dissents.
http://www.ca9.uscourts.gov/ca9/newopinions.nsf/53333A1C2A376D138825723B005F9EE5/$file/0415044.pdf?openelement

During 2007 plaintiff filed an appeal to the U.S. Supreme Court, seeking a writ of certiorari whereby the Court would agree to hear the case. Each year there are thousands of cases appealed to the Supreme Court, but only about a hundred are actually taken up. During April 2007 there were three weeks when the case was on the docket for the weekly conference of the Justices to consider whether to grant certiorari (take the case), but no decision on certiorari was forthcoming. It turned out that a settlement was being worked on.

On Monday May 14, 2007 it was announced that a settlement had been reached, and the petition for certiorari was therefore dismissed by the Supreme Court by agreement between the parties. Terms of the settlement were never disclosed, although it was speculated that Kamehameha agreed to pay plaintiff's attorney fees and to provide a generous amount of money for the student (who had by now graduated from a different high school) to attend college.

During the summer of 2007 Honolulu Attorney David Rosen announced that he would be looking for plaintiffs to take up a similar lawsuit -- plaintiffs who would agree never to drop or settle the case until the Supreme Court made a decision. Rosen's theory was that such a lawsuit could work its way rapidly up to the Supreme Court since each court along the way had already ruled and could be expected to rule the same way again promptly. However, by the end of 2007 there were no announcements regarding any actual new plaintiffs.

During 2009 it was revealed that Kamehameha paid John Doe $7 Million to settle the desegregation lawsuit in 2006 moments before the Supreme Court would have granted certiorari to take up the case. Kamehameha's annual report said its assets were now worth $9.1 Billion. Attorneys Eric Grant and David Rosen filed a new desegregation lawsuit against Kamehameha, and Kamehameha filed a lawsuit for breach of the nondisclosure clause of the previous settlement. A court-appointed panel recommended doubling Kamehameha trustee salaries to about $200,000, bringing back memories of the million dollar salaries a few years previously. Kamehameha challenged the anonymity of the four plaintiffs in the new Grant/Rosen lawsuit, and Magistrate Judge Barry Kurren ruled that the plaintiffs' names must be made public if they wish the case to go forward (plaintiffs are in fear of violence). Plaintiffs appealed Kurren's ruling to Kurren's boss District Judge J. Michael Seabright, who upheld the decision. Plaintiffs then appealed to the 9th Circuit Court of Appeals, which had not yet reached a decision by the end of 2009.

On other issues during 2009: The trust fund lost 24% of its value in the financial market decline from June 2008 through June 2009; trustees gave themselves a 10% pay cut in 2009; the 384 page book "Wayfinding Through The Storm" by Gavan Daws and Na Leo o Kamehameha described an atmosphere of terrorism on campus during the scandals and power struggles of 10 years previously, based on 250 interviews with students, teachers, administrators, and politicians; Kamehameha Schools staff on Hawaii Island voted to be represented by a labor union; repeated sexual assaults on a girl boarding at the high school on the Kapalama campus were unreported to police until the girls' parents reported it, causing an uproar among parents and the public; a teacher was fired after it became public that he had previously been banned 17 years ago from teaching and ministry with minors by his religious order due to sexual misconduct in a Wisconsin school; Kamehameha gave grants totaling $7.2 Million to public charter schools

============

For general background about the history of Kamehameha Schools and its racially exclusionary admissions policy, with links to webpages covering each year's history of efforts to desegregate the schools since 2002, including full text of all significant news reports and commentaries for each year, see:
http://www.angelfire.com/hi2/hawaiiansovereignty/kamschool.html

NOW BEGINS A COMPILATION OF NEWS REPORTS AND COMMENTARIES DURING 2010, IN CHRONOLOGICAL ORDER, REGARDING EFFORTS TO DESEGREGATE KAMEHAMEHA SCHOOLS.


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http://www.honoluluadvertiser.com/article/20100302/BREAKING01/100302028/Dismissal+of+students++suit+challenging+Kamehameha+Schools+policy+upheld
Honolulu Advertiser, BREAKING NEWS/UPDATES Updated at 2:04 p.m., Tuesday, March 2, 2010

Dismissal of students' suit challenging Kamehameha Schools policy upheld

A federal appellate court has upheld the dismissal of a lawsuit challenging the validity of Kamehameha Schools' admissions policy filed in 2008 by four students.

The ruling today by the 9th Circuit Court of Appeals upheld earlier decisions last year by Hawaii Magistrate-Judge Barry Kurren and District Judge J. Michael Seabright that denied anonymity to the students on whose behalf the lawsuit challenged the admissions policy giving preference to Native Hawaiians..

"Few tenets of the United States justice system rank above the conflicting principles presented in this case: the transparency and openness of this nation's court proceedings and the ability of private individuals to seek redress in the courts without fear for their safety," the appellate court ruling said.

Attorneys for Kamehameha Schools argued they would be prejudiced in their defense if the plaintiffs were allowed to proceed anonymously.

Lawyers for the plaintiffs argued their clients would be in physical danger if they were publicly identified.

"We are sympathetic to the concerns of the (unnamed) children and their parents, but we recognize the paramount importance of open courts," today's decision said.

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http://www.starbulletin.com/news/breaking/85998927.html
Honolulu Star-Bulletin, March 2, 2010, breaking news at 10:12 AM

Appeals Court rules in favor of Kamehameha Schools, rejects plaintiffs' anonymity

By Susan Essoyan

Students who want to challenge Kamehameha Schools' admission policy must reveal their names publicly to pursue the case in court, the Ninth U.S. Circuit Court of Appeals ruled today.

Four Hawaii students and their families had sought anonymity to sue the school over its admissions policy, which they say violates their civil rights by favoring native Hawaiians. They argued that they feared for their safety if their identities were disclosed, pointing to threatening postings on the Internet.

The idea of opening Kamehameha's campuses to students with no Hawaiian blood has stirred heated debate. In its ruling, the appeals court said the public interest in open courts outweighs the need for privacy in this case. The students filed suit under the names of Jacob, Janet, Karl and Lisa Doe.

"We are sympathetic to the concerns of the Doe children and their parents, but we recognize the paramount importance of open courts," a three-judge panel of the Ninth Circuit concluded. "The district court did not abuse its discretion in concluding that the plaintiffs' fears were unreasonable. The magistrate judge correctly recognized that many times people say things anonymously on the Internet that they would never say in another context and have no intention of carrying out."

In October 2008, U.S Magistrate Barry Kurren ruled that the plaintiffs could not proceed anonymously. He ruled that they failed to show evidence of threats of physical violence or economic harm, and concluded that at most they might be "socially ostracized."

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http://planetkauai.blogspot.com/
Planet Kaua'i Blogspot (attorney Charley Foster)
Tuesday, March 02, 2010

The latest in Doe v. Kamehameha Schools - under abuse of discretion standard, plaintiffs may not proceed anonymously

This is the latest in the ongoing challenge to Kamehameha Schools’ race-based admissions policy. The plaintiffs, four minor children (“the Doe children”), seek to proceed anonymously. However, the lower court decided that the prejudice to the defendants and the public’s interest in open courts outweigh plaintiffs’ fears of harm.

The magistrate judge found that various public threats against plaintiffs were not threats but merely "voic[ed] the commentators’ frustration with this lawsuit.” Likewise, the magistrate judge discounted anonymous internet comments suggesting that the Doe children would be injured at Kamehameha Schools. In reviewing the lower court's decision, the 9th Circuit said -

To determine whether to allow a party to proceed anonymously when the opposing party has objected, a district court must balance five factors: “(1) the severity of the threatened harm, (2) the reasonableness of the anonymous party’s fears, . . . (3) the anonymous party’s vulnerability to such retaliation,” (4) the prejudice to the opposing party, and (5) the public interest. Id. at 1068 (internal citations omitted).

The...analysis here is quite difficult, particularly in light of the controversy surrounding the case, the recognized tension between some Native Hawaiians and non-Natives in Hawaii and the threats against the anonymous plaintiffs. Still, the district court did not abuse its discretion in refusing to allow anonymity because the district court did not clearly err in its conclusion that the Doe children do not reasonably fear severe harm. Thus, the district court did not unreasonably conclude that the public interest and possible prejudice to the defendants outweigh the plaintiffs’ interest in anonymity.

Essentially, then, while the 9th Circuit sympathized with the plaintiff's fear of reprisals, it held that under the abuse-of-discretion standard of review, it's hands were tied:

"We are sympathetic to the concerns of the Doe children and their parents, but we recognize the paramount importance of open courts. For this reason, the default presumption is that the plaintiffs will use their true names. We also emphasize that, as an appellate court, we are constrained by the applicable standard of review. Had the district court found that anonymity was appropriate, we likely would have concluded that the district court did not abuse its discretion. Or, were we permitted to make findings and weigh the factors anew, we might have held that anonymity here was appropriate. As it is, however, we review the district court’s decision only for abuse of discretion. Because the district court did not abuse its discretion in determining that the Doe children do not reasonably fear severe harm, we affirm the district court’s order dismissing the case based on plaintiffs’ failure to disclose their identities."

The appeal was heard by Circuit Judges Beezer, Graber and Fisher. Judge Beezer wrote the opinion. I'll be watching for a petition for rehearing en banc.

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http://www.honoluluadvertiser.com/article/20100303/NEWS20/3030347/Court+s+ruling+doesn+t+end+battle
Honolulu Advertiser, Wednesday March 3, 2010

Court's ruling doesn't end battle

By Jim Dooley
Advertiser Staff Writer

Legal skirmishing between the Kamehameha Schools and attorneys challenging the school's admissions policy continues, despite yesterday's federal appellate decision upholding dismissal of the latest legal challenge.

The ruling by the 9th U.S. Circuit Court of Appeals came in a 2008 lawsuit filed by four anonymous students who claimed that the school's admissions policy that favors students of Native Hawaiian ancestry violates federal civil rights laws.

The ruling upheld earlier decisions last year by Hawai'i Magistrate-Judge Barry Kurren and District Judge J. Michael Seabright that denied anonymity to the student plaintiffs.

The plaintiffs agreed last year to drop their suit because they could not proceed anonymously, but preserved their rights to an appeal.

"Few tenets of the United States justice system rank above the conflicting principles presented in this case: the transparency and openness of this nation's court proceedings and the ability of private individuals to seek redress in the courts without fear for their safety," the appellate court said.

Attorneys for Kamehameha Schools argued they would be prejudiced in their defense if the plaintiffs' identities were kept secret.

Lawyers for the plaintiffs argued their clients would be in physical danger if they were publicly identified.

"We are sympathetic to the concerns of the children and their parents, but we recognize the paramount importance of open courts," the court said.

David Rosen, one of the attorneys challenging the admissions policy, said yesterday: "I'm not sure what to say about the (9th Circuit) ruling. It looks like the end of the line, although we're considering whether to continue with the appeal."

ANONYMITY AT ISSUE

Kamehameha Schools trustees said in a statement: "We have believed from the outset that if this case were to proceed, it should do so as openly and honestly as possible. We understand that these plaintiffs may appeal this decision further, but we are heartened by the consistent, unanimous and affirming legal determinations that have been made so far."

Rosen said another challenge to the admissions policy would have to come from a non-Hawaiian student willing to be publicly named in a lawsuit.

"I'm not sure I would want to be involved in such a case," Rosen said.

Rosen and his co-counsel in the suit, Eric Grant of California, are still enmeshed in a legal struggle related to an earlier admissions suit that Kamehameha Schools settled out of court in 2007 for $7 million.

That original suit, now called "John Doe One," was filed by Grant and Honolulu attorney John Goemans on behalf of an anonymous non-Hawaiian Big Island student who was denied admission to Kamehameha Schools.

The school did not challenge the plaintiff's anonymity in that case, which was appealed all the way to the U.S. Supreme Court.

A federal judge here in 2003 upheld the legality of the admissions policy, agreeing with the school's argument that it helped address cultural and socioeconomic disadvantages that have beset many Hawaiians since the 1893 overthrow of the Hawaiian monarchy,

The school's assets, including thousands of acres of land bequeathed by Princess Bernice Pauahi Bishop, are worth billions of dollars, making the institution one of the wealthiest nonprofits in the world.

Today, Kamehameha Schools occupies a central role in Hawai'i society, in part because of its financial clout and also because of its mission to educate children of Hawaiian ancestry.

The 2003 court decision upholding the admission policy was overturned by three judges of the 9th Circuit in 2005, prompting protest rallies, prayer vigils and other gatherings around the state in support of the schools.

Lawyers for Kamehameha Schools then won another legal reversal when the full 9th Circuit overturned the 2005 ruling by an 8-7 vote in December 2006.

Grant then petitioned the U.S. Supreme Court to hear the case, and the schools agreed to the $7 million confidential settlement on the eve of a high court announcement on whether it would hear the case.

LEGAL FEES DISPUTE

Goemans revealed the $7 million figure to The Advertiser in 2008, saying he was not a party to the settlement, did not agree with it and did not sign it. Goemans died last year.

The school filed a state suit on the Big Island against John Doe and his mother and Grant, demanding return of $2 million because of the breach of secrecy.

Now the school has expanded its claims in the Big Island case, alleging that the 2008 civil rights suit, dubbed "John Doe Two," was a "copy cat" action filed only after the $7 million settlement figure in John Doe One was revealed.

"Doe Two was expressly modeled on Doe One ... about five months after Goemans disclosed the purported amount of the settlement in Doe One," schools attorney Paul Alston said in court papers filed last week.

Alston is arguing that the John Doe One plaintiffs and their lawyers should be liable for legal fees and expenses incurred by the schools in their now-successful defense of John Doe Two.

Rosen said in a declaration filed in the Big Island case that he and his clients in John Doe Two had agreed to sue Kamehameha Schools months before the $7 million settlement was made public. Now Alston wants Rosen to produce records supporting his claims.

"Mr. Rosen injected himself into the case by offering a one-sided declaration," Alston said yesterday. "All we want is to get at the relevant documents and information."

"They're being vindictive," Rosen said yesterday of Kamehameha Schools. "They're trying to run up and cause expenses to Eric Grant and myself." The Kamehameha Schools "continue to spend ridiculous amounts of money" to avoid a court decision on the legality of the admissions policy, Rosen said. "We're talking about hundreds of thousands of dollars annually, if not more, to frustrate efforts to find out what the law is," he said.

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http://www.starbulletin.com/news/20100303_Privacy_in_Kamehameha_suit_denied.html
Honolulu Star-Bulletin, Wednesday March 3, 2010

Privacy in Kamehameha suit denied

By Susan Essoyan

Students who believe Kamehameha Schools' admissions policy is racially discriminatory must reveal their names publicly if they want to sue in federal court, the 9th U.S. Circuit Court of Appeals has ruled.

"I think that's wonderful; it's the right decision," Antoinette "Toni" Lee, a former president of the Kamehameha Alumni Association's Oahu region, said yesterday. "Everybody should be able to face their accuser. It's our constitutional right to do that."

Four Hawaii students had sought anonymity to sue the school over its policy, which they believe violates their civil rights by favoring native Hawaiians. Their parents feared for their safety if their identities were disclosed, pointing to threatening postings on the Internet.

David Rosen, one of their attorneys, said yesterday the plaintiffs may now turn to the U.S. Supreme Court. The idea of opening Kamehameha's campuses to students with no Hawaiian blood has stirred emotional debate. The students filed suit on Aug. 6, 2008, under the names of Jacob, Janet, Karl and Lisa Doe.

In its 3-0 ruling yesterday, the appeals court upheld lower court rulings that the public interest in open courts outweighs the need for privacy in this case.

"We are sympathetic to the concerns of the Doe children and their parents, but we recognize the paramount importance of open courts," a three-judge panel of the 9th Circuit said.

"The district court did not abuse its discretion in concluding that the plaintiffs' fears were unreasonable. The magistrate judge correctly recognized that many times people say things anonymously on the Internet that they would never say in another context and have no intention of carrying out."

In October 2008, U.S Magistrate Barry Kurren ruled that the plaintiffs could not proceed anonymously. He said they had failed to show evidence of threats of physical violence or economic harm, and concluded that "at most, plaintiffs are vulnerable children who have a reasonable fear of social ostracization." That decision was upheld by U.S. District Judge Michael Seabright.

"We are gratified that the U.S. 9th Circuit Court affirmed the rulings of the district court in this case," Kamehameha Schools CEO Dee Jay Mailer said yesterday. "We have believed from the outset that if this case were to proceed, it should do so as openly and honestly as possible. ... We are heartened by the consistent, unanimous and affirming legal determinations that have been made so far."

Yesterday, Rosen said his clients would not challenge the admissions policy without confidentiality.

"That's not something I would be comfortable with as an attorney," he said. "I would not be comfortable with having young children's identities known, in order to protect both the children and their families. I have a duty to look out for what's in their best interests."

Kamehameha's policy, which gives preference to native Hawaiians, has been in contention for years. In 2002 the schools voluntarily admitted a non-Hawaiian, triggering widespread protest. The next year, Kamehameha unwittingly admitted another non-Hawaiian but rescinded its offer later when it discovered he did not have Hawaiian blood. After a court challenge, he was allowed to attend.

In a separate case a student known only as John Doe sued Kamehameha in 2003, alleging racial discrimination. The U.S. District Court and 9th Circuit rejected his claim. The suit was settled out of court for $7 million last year before it could go before the U.S. Supreme Court, according to attorney John Goemans.

Kamehameha Schools operates campuses on Oahu, Maui and the Big Island, enrolling about 5,000 students. Only one in eight applicants is accepted. Rosen said Kamehameha's admissions policy deserves scrutiny by the Supreme Court, although in the current case the only aspect that can be appealed is the question of anonymity.

"There's a public and a private interest in having this issue (the admission policy) decided," he said. "It's a public interest in that this institution is tax-exempt. And it's a private interest in that the trustees have a legal duty to follow the law and ascertain what the law is, not make it up."

William Burgess, chairman of Aloha for All, a nonprofit devoted to equal rights for all citizens of Hawaii, said that as minors the children should be able to protect their identity. "The school should welcome a decision on the merits, not based on someone being in fear for their lives," he said.

However, the 9th Circuit Court revealed some mixed feelings on the question of confidentiality. "Were we permitted to make findings and weigh the factors anew, we might have held that anonymity here was appropriate," the judges said.

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http://www.starbulletin.com/editorials/20100304_core_issue_remains_in_complaints_against_kamehameha_schools.html
Honolulu Star-Bulletin, March 4, 2010
EDITORIAL

Core issue remains in complaints against Kamehameha Schools

A federal appeals court appears to have derailed a challenge to Kamehameha Schools' Hawaiians-only admission policy, but its ruling is no guarantee against similar lawsuits in the future. The only way Kamehameha can avoid the risk may be to eliminate all tuition, the vehicle of the legal argument that the schools discriminate against non-Hawaiians.

A three-judge panel of the 9th U.S. Circuit Court of Appeals ruled this week that the four students who brought the lawsuit against the schools must reveal their names publicly in order to go forward with the litigation. The judges ruled that U.S. District Judge Michael Seabright had the discretion to decide whether anonymity of the plaintiffs was appropriate or not. An appeal to the U.S. Supreme Court on the side issue of anonymity, if sought, is not likely to be heard.

Attorneys for the students applying for admission said the children would face harassment and possible violence if their identities were known. However, Judge Robert R. Beezer, who wrote the appellate ruling, pointed to two non-Hawaiian children who were admitted in 2002 and 2003 "with no reported incidents -- either at school or outside the school setting."

A student identified publicly only as John Doe sued Kamehameha in 2003 after being barred admission. The U.S. District Court and the 9th Circuit rejected the claim of discrimination and Kamehameha settled the case for $7 million in 2007 as it was on the verge of being heard by the Supreme Court.

The claims have been that the refusal to admit non-Hawaiians to the schools violates the Civil Rights Act of 1866, which prohibits racial discrimination in contracts. On the same day in 1976, the Supreme Court ruled in separate cases that the law prohibits "discrimination against members of any particular race" -- not just minorities -- and that tuition with schools amounts to "a contractual relationship."

In the 2003 lawsuit against Kamehameha, a 15-judge panel of the 9th Circuit ruled by an 8-7 vote in favor of allowing Kamehameha's admission policy, with all six Republican nominees on the panel dissenting. Republican nominees control the Supreme Court, as they did when the case was on its front steps as a settlement was reached.

Ninth Circuit Judge Alex Kozinski suggested during oral arguments in that case that Kamehameha Schools, a trust worth $9.1 billion, consider not charging tuition.

"The schools' substantial endowment may enable them to continue operating without charging any tuition for a very long time -- perhaps indefinitely," he remarked.

The alternative to eliminating tuition is for Kamehameha to hope that no publicly identified non-Hawaiian student comes forward with a fresh lawsuit after being denied admission. The core legal issue of racial discrimination in contracts remains.

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http://www.honoluluadvertiser.com/article/20100326/BREAKING01/303260006/New+Kamehameha+Schools+trustee+sought
Honolulu Advertiser, BREAKING NEWS/UPDATE Posted at 1:28 p.m., Thursday, March 25, 2010

New Kamehameha Schools trustee sought

Associated Press

HONOLULU — A screening committee appointed by Probate Court is assisting in the selection of a new Kamehameha Schools trustee.

The new trustee will replace Nainoa Thompson, whose term as trustee ends June 30.

The trust said Wednesday that the court will name the new trustee from a list of three candidates drawn up by the committee.

The appointee would qualify for a five-year term and could be eligible for an additional five-year term.

The trust says the committee is looking for active leaders within the community with a deep sense of commitment and the ability to ensure Princess Bernice Pauahi Bishop's vision and legacy continue to be perpetuated.

Trustees receive an annual compensation of $108,000, with the chairperson receiving $128,250.

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http://www.starbulletin.com/news/hawaiinews/20100328_Kamehameha_board_trustee_sought.html
Honolulu Star-Bulletin, March 28, 2010

Kamehameha board trustee sought

By Mary Adamski

The state Probate Court has launched a search to fill a seat on the Kamehameha Schools board of trustees to be vacated when Nainoa Thompson's term ends June 30.

June 15 is the deadline for applications in the search process to be conducted by an executive search business and led by a court-appointed screening committee.

Thompson was one of five trustees named by the court 10 years ago after an overhaul of the governing structure of the state's largest landowner formerly called Bishop Estate. A former University of Hawaii regent, Thompson is an officer of the Polynesian Voyaging Society and master of non-instrument navigation used on oceangoing canoe voyages since 1976.

Trustees of the $7.7 billion estate of Princess Bernice Pauahi Bishop were formerly appointed by the Hawaii Supreme Court and served for life.

But the new trustee will be named to a five-year term and might be eligible for a second term if approved by the Probate Court.

Trustees are paid $108,000 in annual compensation, with the chairman or chairwoman receiving $128,250.

The court seeks candidates with expertise in business administration, finance and investment, strategic planning or policy setting with a reputation of "integrity and good character" and community leadership, and "outstanding personal traits including Hawaiian values," according to the announcement.

The screening committee will scrutinize applicants and provide three finalists to the court. The volunteer committee includes Robert Alm, Wendy Crabb, George "Keoki" Freeland, Francis Keala, Cheryl Kauhane Lupenui, Benjamin Matsubara and Michael Rawlins.

Applicants must submit a resume and a cover letter to Inkinen & Associates, 1003 Bishop St., Suite 477, Honolulu 96813. They also are required to write a statement on their view of the trustee role, their vision, goals and objectives for the estate and how they would attain those goals. For information, call Inkinen and Associates, 521-2331.

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** HIGHLIGHT: The learning complex, however, would educate all Leeward residents, including non-Hawaiians.

http://www.honoluluadvertiser.com/article/20100407/NEWS01/4070367/Hawaiian+homes++school+campus+will+be+built+in+Makaha+Valley
Honolulu Advertiser, April 7, 2010

Hawaiian homes, school campus will be built in Makaha Valley
Land donation paves way for Kamehameha Schools' new learning center

By Andrew Gomes
Advertiser Staff Writer

Kamehameha Schools is advancing plans to develop an estimated $100 million education campus in Mākaha for Leeward O'ahu residents.

The project is envisioned to deliver educational opportunities to area residents ranging from preschool-age children to young adults in a setting integrated with housing on the site of the Mākaha Valley Country Club.

The educational trust is set to accept a gift of roughly 70 acres today from local developer Jeff Stone and the Weinberg Trust, which are also giving about 230 adjacent acres to the Department of Hawaiian Home Lands to build homes for Native Hawaiians.

Stone and the Weinberg Trust own the 18-hole golf course commonly known as Mākaha-East. The learning and housing campus would gradually be developed on the property over 15 years or so and eventually replace golf operations.

A ceremony is scheduled for this afternoon to announce the land donations.

Kamehameha Schools has openly discussed early-stage concepts for what it calls a "learning innovation complex" in Mākaha since last year.

Parties involved in the deal were reserving comment and other details of the plan until today's formal announcement, though some elements previously have been disclosed.

Roughly, the complex would provide enrichment programs for preschool-age keiki, area public school students and young adults. Elements of the campus could include multimedia and computer facilities, a teacher learning center, language immersion programs, an athletic field, a working taro lo'i and gardens to learn the culture and business of farming.

Such a complex would help Kamehameha Schools — which is the state's largest private landowner, but owns no land in West O'ahu — extend its mission for educating Hawaiians to an area that is home to the largest concentration of Hawaiians.

The learning complex, however, would educate all Leeward residents, including non-Hawaiians.

DHHL plans to build 400 homes, according to the minutes from a December Wai'anae Coast Neighborhood Board meeting that included a presentation by the agency, Kamehameha Schools and Stone.

Stone is the master developer of Ko Olina Resort & Marina. He led a company that bought Mākaha Valley Country Club with a Weinberg Trust affiliate for $4.4 million in 2004 from an affiliate of troubled Japan-based golf operator Nitto Kogyo Co. Ltd.

Stone had previously offered to buy the neighboring golf course and hotel, the Mākaha Resort & Golf Club, in a bid to win support for $75 million in state tax credits to finance an aquarium at Ko Olina. But that sale was not realized, and the Mākaha Resort isn't involved in the education and housing complex plan.

The Ko Olina aquarium plan was canceled several years ago, and Stone has told members of the West O'ahu community that the Kamehameha Schools-DHHL land donation is a charitable reinvestment in the community with no strings attached.

-------------------

http://www.starbulletin.com/news/hawaiinews/20100407_300_acres_donated_for_learning_center.html
Honolulu Star-Bulletin, April 7, 2010

300 acres donated for learning center

By Susan Essoyan

Developer Jeffrey R. Stone is donating 300 acres of Makaha Valley land to anchor a Kamehameha Schools Learning Community and affordable housing for native Hawaiians, a gift that will be announced this afternoon at the Governor's Office.

"I believe that Kamehameha Schools and the Department of Hawaiian Home Lands will infuse the entire Leeward Coast with this life-giving facility," Stone, president of The Resort Group, said yesterday. "Having over 500 families able to live in a beautiful new housing complex will revive the whole area. The learning community itself will be a fabulous asset to everyone on the coast."

As reported in the Star-Bulletin last August, Stone is giving Kamehameha Schools roughly 70 acres of undeveloped land west of Makaha Valley Country Club. He is also donating 230 adjoining acres, including the golf course itself, to the Department of Hawaiian Home Lands for housing and community development.

Kamehameha Schools plans to spend about $100 million to build the Learning Community in Makaha, in an effort to extend the schools' reach beyond its traditional campuses, according to CEO Dee Jay Mailer. The complex will act as a laboratory to strengthen public and private education along the Leeward Coast, from infancy to adulthood.

Although Kamehameha Schools is the state's largest private landowner, until this gift it had no land on the Leeward side of Oahu, home to the largest concentration of native Hawaiians. Legal documents transferring the land were signed on March 24, Stone said.

Stone, developer of Ko Olina Resort and Marina, said he decided to give the property to "create a legacy education and housing community" after learning that Kamehameha Schools needed a fee-simple land site. The complex will be known as the Kamehameha Schools Learning Community on the Stone Family Lands.

Stone said Ko Olina has helped bring 10,000 jobs to the area, and "my goal is to see the children along the coast grow and be ready."

The 300-acre Makaha property, zoned for residential and preservation use, was recently assessed by the city at $8 million. Stone's company had bought the Makaha Valley Country Club and surrounding land in 2004 for about $5 million and has since put in $2 million in improvements. Asked whether the gift offered tax benefits, Stone said, "It doesn't have substantial tax consequences for me. It's not being done for that purpose."

Makaha Valley Country Club will continue operations for now but will eventually close down as the Department of Hawaiian Home Lands redevelops the property.

--------------------

http://www.honoluluadvertiser.com/article/20100409/NEWS20/4090341/School+blames+lawyer+in+Hawaiians-first+dispute
Honolulu Advertiser, April 9, 2010

School blames lawyer in Hawaiians-first dispute

Advertiser Staff

A California lawyer for the Big Island student who challenged Kamehameha Schools' Hawaiians-first admission policy has been accused of misrepresentation by the multibillion-dollar charitable trust.

Kamehameha Schools sued California attorney Eric Grant, the Big Island student and his mother in state Circuit Court in Hilo last year after an Advertiser news story in February 2008 revealed that the lawsuit had been settled for $7 million.

In an amendment to the lawsuit this month, Kamehameha said Grant failed to tell his clients that they would be legally liable if the confidential terms of the settlement were made public.

Grant received about 40 percent of the settlement — about $2.8 million — for his work on the lawsuit, which was settled just before the U.S. Supreme Court was to decide whether it would hear an appeal of the case.

"It would be unjust for Grant to obtain his share of the proceeds of the settlement agreement where ... he has caused the validity of the settlement agreement to be called into doubt," trust attorney Paul Alston said in court papers.

Grant could not be reached for comment.

Kamehameha Schools' amended complaint asks for damages that would be proven at trial plus attorney fees and other costs.

Grant had represented the Big Island student and his mother, who have never been publicly identified and are known only as Jane and John Doe.

In June 2003, the Does sued to overturn Kamehameha Schools' century-old, Hawaiians-first admissions policy.

U.S. District Judge Alan Kay upheld the admissions policy in November 2003 but a panel of the 9th U.S. Circuit Court of Appeals overturned the ruling in August 2005, saying the admissions policy constituted unlawful racial discrimination.

By an 8-7 vote, the full 9th Circuit upheld the policy a year later before the lawsuit was settled as Does' attorneys were preparing an appeal before the Supreme Court.

---------------------

http://www.starbulletin.com/news/20100528_Wages_of_4_of_top_5_earners_cut_at_Kamehameha_Schools.html
Honolulu Star-Bulletin, May 28, 2010

Wages of 4 of top 5 earners cut at Kamehameha Schools
The trust reduces the compensation paid to some of its executives

By Kristen Consillio

As the economy hit bottom last year, Kamehameha Schools' top executive, Dee Jay Mailer, took an 11.7 percent, or $72,808, cut in pay.

The chief executive officer of the $5.5 billion land trust received total compensation of $548,885, including a base salary of $490,591, for the fiscal year ended June 30. That compares with a total compensation package of $621,693 in the previous fiscal year, according to its annual tax filing with the Internal Revenue Service.

Including Mailer, four of the five top wage-earners at the trust saw their pay drop, the filing shows.

"It's a sign that Kamehameha Schools and its leadership are trying to be good community citizens," said Hugh Jones, supervising deputy attorney general of the Department of the Attorney General, Tax Division. "Like the for-profit sector, it has not been immune from the economic crisis. Everybody's hurting."

Nationally, chief executive officers of nonprofit organizations with assets of similar size were paid a base salary of about $502,000 and $622,000 in total compensation, which includes benefits and reimbursements, according to the ERI Economic Research Institute in Washington, D.C. There is no comparable nonprofit organization of similar size in Hawaii.

"It appears within a reasonable range," said ERI research director Linda Lampkin.

By comparison, Robert Hiam, president and CEO of the Hawaii Medical Service Association, the state's largest health insurer with $1.6 billion in annual revenue, made almost $1.3 million last year, a 3.4 percent decrease from the previous year.

Kamehameha's net assets plunged $1.7 billion to $5.5 billion at the end of the 2009 fiscal year from $7.2 billion in the beginning of the year.

In general, nonprofit stock market holdings fell 25 to 30 percent in the year, Lampkin said.

"Nonprofits with asset levels the size of this organization were certainly hard hit, and there were often executive pay freezes and even reductions," she said. "A nonprofit has to be responsive to its economic circumstances. Particularly for an organization with an endowment that large, it is going to have to think about where the money is coming from—if the money's not there, they may have to reduce salaries or services."

The trust's second-highest-paid executive was Kirk Belsby, vice president of endowment, whose total compensation plunged 29.5 percent to $497,916 last year from $705,892 the previous year.

Christopher Pating, vice president of strategic planning, earned $381,144, down 1.4 percent from $386,582 a year earlier. Elizabeth Hokada, director of financial assets, received $346,676, 9.4 percent less than the $382,645 she received in fiscal 2008. Rounding out the top five highest-paid employees was Michael Loo, vice president of finance and administration, who earned $315,195, up 1.5 percent from $310,389.

Kamehameha paid 20 employees and three of five trustees more than $100,000 last year.

Trustee Nainoa Thompson, whose term ends June 30, brought home $114,000, 6 percent more than the $107,500 he earned the previous year.

Trustee Douglas Ing received $103,500, down 7.2 percent from $111,500, while Corbett Kalama earned $102,000, 1.4 percent less than the $103,500 in fiscal 2008.

Trustees Robert Kihune and Diane Plotts both received $97,500, up 1.6 percent from $96,000 the year earlier.

In a 2009 survey of 325 large nonprofit organizations, nearly 30 percent of top executives took a pay cut—the median of which was 10 percent, according to the Chronicle of Philanthropy.

Kamehameha unveiled this week a $118.5 million redevelopment plan for its main Kapalama campus. The trust announced last month that it would spend about $100 million to build a learning community in Makaha.

Kamehameha Schools, created in 1884 by the will of Princess Bernice Pauahi Bishop to educate the children of Hawaii, spent about $258 million, including $97 million for early learning and educational outreach programs last year. Its preschool and scholarship programs reached more than 44,000 children and families in 2009.

"While most people in the nonprofit sector are drawn to their work for reasons other than compensation, we need to recognize that compensation does matter," said Kelvin Taketa, president and CEO of the Hawaii Community Foundation.

"It may matter more to our community that the very best, most talented leaders are running nonprofit institutions that have profound impact on the lives of our citizens rather than private institutions."

KAMEHAMEHA SCHOOLS COMPENSATION

Kamehameha Schools’ executive compensation for the fiscal year ending June 30, 2009

Trustee name / Base and other compensation / Total compensation*
Nainoa Thompson $114,000 $114,000
Douglas Ing $103,500 $103,500
Corbett Kalama $102,000 $102,000
Robert Kihune $97,500 $97,500
Diane Plotts $97,500 $97,500

Executive name / Title / Base and other compensation / Total compensation*
Dee Jay Mailer CEO $491,881 $548,885
Kirk Belsby VP, endowment $448,767 $497,916
Christopher Pating VP, strategic planning $348,445 $381,144
Elizabeth Hokada Director, financial assets $299,964 $346,676
Michael Loo VP, finance and administration $270,486 $315,195
Colleen Wong VP, legal services $249,495 $307,352
Paul Quintiliani Director, commercial assets $269,202 $300,193
D. Rod Chamberlain VP, campus strategies $243,666 $287,303
Michael Dang Director, endowment $239,962 $281,269
Stanley Fortuna Jr. Headmaster, Big Island $232,070 $279,457
Michael Chun Headmaster, Kapalama $238,041 $275,017
Susan Todani Director, special projects $186,599 $232,864
Darrel Hoke Director, internal audit $194,747 $220,051
Ann Botticelli VP, community relations $186,462 $218,246
Lee Ann DeLima Headmaster, Maui $177,186 $212,195
Burton Yuen Investor Manager, financial assets $184,898 $210,525
Livingston Wong Director of endowment legal $169,782 $202,072
Sylvia Hussey VP, education support services $145,271 $180,463
Julian Ako Principal, high school $141,317 $175,699
Kendall Paulsen Director of community relations $134,752 $174,939

*Includes base, other and deferred compensation, as well as nontaxable benefits

---------------------

http://www.hawaiitribune-herald.com/articles/2010/07/02/local_news/local04.txt
Hawaii Tribune-Herald (Hilo), July 2, 2010

Kamehameha Schools' court fight will happen in Hilo

by John Burnett
Tribune-Herald Staff Writer
Stephens Media

A judge ruled Thursday that Kamehameha Schools' lawsuit against a Big Island teen who received a $7 million settlement from the educational trust will not be moved off-island.

Hilo Circuit Judge Greg Nakamura denied a request by attorneys for the anonymous defendants, student "John Doe" and his mother, "Jane Doe," and Eric Grant, a Sacramento, Calif., attorney who negotiated the settlement on the Does' behalf. The defendants wanted the case heard in Honolulu or California.

Big Island attorney John Goemans, who also represented the Does in their case against Kamehameha, disclosed details of the settlement to the media in early 2008.

That disclosure triggered the current lawsuit by the multibillion-dollar educational trust endowed by the estate of Princess Bernice Pauahi Bishop. Goemans has since died.

The Does, who are Caucasian, sued Kamehameha Schools in 2003 because the boy's admission application was rejected. They alleged that Kamehameha's "Hawaiians first" admissions policy violated his civil rights.

That policy was upheld by the U.S. District Court and the 9th U.S. Circuit Court of Appeals. The U.S. Supreme Court had not yet decided whether to hear the case when the out-of-court settlement was reached in May 2007.

Kamehameha's lawsuit demands the return of $2 million from the Does and Grant, alleging breach of contract, unjust enrichment, and intentional or reckless misrepresentation. Grant received $2.8 million of the settlement for his services, after suing the Does to collect in a California federal court.

Ken Kuniyuki, the Does' attorney, argued Thursday that Hilo was an improper venue for the case because the settlement was reached in California and most of the lawyers involved in the case are from Honolulu.

"I reside in Honolulu. Mr. Grant's attorney resides in California. The fact is that the plaintiff's attorney resides in Honolulu. This court is inconvenient because of the travel considerations," he said.

"The Does live on the Big Island," replied Nakamura.

Afterwards, Kamehameha Schools' attorney Paul Alston said he and his client "are confident that the judge will allow the case to go forward and the trial will start sometime early next year, right here in Hilo."

Nakamura took under advisement a motion by James Banks, a Sacramento attorney, to dismiss Kamehameha's claim of intentional or reckless misrepresentation against Grant.

The complaint alleges that Grant obtained the Does' signature to an early draft of the settlement rather than the final document.

"He knew that his clients had not approved the final document; they had not seen the final document," Alston told the judge.

Banks argued that fraud "must be committed with actual malice," and there was no malicious intent by Grant to defraud either Kamehameha Schools or the Does.

"The estate cannot allege truthfully that Mr. Grant was doing anything but representing his clients' interest in consummating the settlement," he said.

Grant and Honolulu attorney David Rosen also filed a 2008 civil suit on behalf of four anonymous non-Hawaiian students and their parents, who made allegations similar to those in the John Doe case. The case was called Jacob Doe vs. Kamehameha Schools.

The Jacob Doe plaintiffs dropped their suit but preserved their right to appeal after Hawaii Magistrate Judge Barry Kurren and U.S. District Judge J. Michael Seabright denied their request for anonymity. The plaintiffs said they feared for their safety if their identities were made public.

The 9th U.S. Circuit Court of Appeals in March dismissed the four student-plaintiffs' appeal.

"Few tenets of the United States justice system rank above the conflicting principles presented in this case: the transparency and openness of this nation's court proceedings and the ability of private individuals to seek redress in the courts without fear for their safety," the appellate court's ruling stated.

==============

** Note from website editor Ken Conklin: Kamehameha Maui will admit a student with no native blood to its 10th grade in Fall. The news was sent to alumni by e-mail and posted to the KSBE website on Friday July 2 at 6:05 PM (the dead zone for news at start of 3-day July 4 holiday weekend). Newspapers and TV did not mention it until a week later! (presumably waiting for the school's public relations office to tell them how to spin the story). The "breaking news" was posted on newspaper and TV station websites Friday morning, and broadcast on TV news at 5 PM Friday (the dead zone a week later). Clearly there is concern that activist hotheads might cause trouble, and there are probably efforts underway over both weekends to calm them down.

http://www.ksbe.edu/article.php?story=20100702172233486

Trustees and CEO Message: KS Admissions

Friday, July 02 2010 @ 06:05 PM HST

Contributed by: Thomas Yoshida

Aloha kākou:

We wanted to keep you apprised of a matter you may be hearing about in the media.

Every summer we extend invitations to attend our three campuses to applicants in our waitpool in grades 10 through 12. As with our regular admissions, we follow our admissions preference policy, inviting students of Native Hawaiian ancestry for each grade level first before inviting all others. This summer, we invited approximately 45 students from the waitpool to join our campus high school ‘ohana. One of them is not Hawaiian.

Non-Hawaiian applicants who meet our admissions criteria can be admitted if vacancies exist after the preference is applied. We fill openings at each grade level from the waitpool for that grade level until the waitpool is exhausted. We continually refine and adjust our procedures to serve the mission, and this year on Maui we applied additional vacancies to other grade levels.

We had five additional spaces in the 11th and 12th grades after all of the waitpooled applicants were admitted, allowing us to extend invitations to attend KS Maui to an additional five Native Hawaiian applicants in the sophomore wait pool. While we are pleased to be able to increase the size of our sophomore class, we will be looking for ways to encourage every Hawaiian student who wants to apply to do so.

We will continue to offer admissions preference to Hawaiians because it is the most direct way to fulfill our mission of improving the capability and well-being of Hawaiians through education.

At the same time, KS will continue to extend our reach beyond our campuses and deep into our communities, and we will continue to emphasize programs for Hawaiian children 0-8, post-high scholars and parents and kupuna. We will move forward with our support for an Innovation Zone of learning along the Leeward Coast through our Ka Pua initiative, and to develop programs at our campuses and beyond that strengthen our culture and build pride in our people.

Kamehameha’s school year starts in early August with 800 new students joining our three campus programs. We look forward to their contributions to Pauahi’s legacy, and we know they all will make us very proud.

Me ka ha`aha`a,

Kamehameha Schools Board of Trustees and Chief Executive Officer

Kamehameha Schools
http://www.ksbe.edu/article.php?story=20100702172233486

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http://www.staradvertiser.com/news/breaking/Kamehameha_admits_another_non-native_Hawaiian_student.html
Honolulu Star-Advertiser, July 9, 2010, breaking news posted 07:57 a.m. HST

Kamehameha admits another non-native Hawaiian student

By Gregg Kakesako

Kamehameha Schools acknowledged admitting a third non-native Hawaiian student, according to a letter from the Board of Trustees and Chief Executive Officer posted on the school's website.

The student, who was not named, will attend classes this fall and was picked from a wait list of 45 students because there were spaces available, the letter said. The letter does not say what campus the non-Hawaiian student will attend. The private school has campuses at Kapalama, Maui and the Big Island.

"Non-Hawaiian applicants who meet our admissions criteria can be admitted if vacancies exist after the preference is applied," the letter said.

The school said there were five additional spaces in the 11th and 12th grades after all applicants in the waitpool were admitted, allowing five additional native Hawaiian applicants in the sophomore wait pool to be admitted on Maui.

"I think they didn't have a choice (under the school's admissions policy)," said Roy Benham, a past president of the Kamehameha Schools Alumni Association.

"I think they did the right thing and they didn't deny admission to any Hawaiian applicants," he said. "The good thing is that more students were admitted in the lower grade. You generally don't get many students trying to get in the 11th and 12th grades."

Eight hundred new students will be starting at Kamehameha Schools' three campuses next month. Kamehameha Schools was founded in 1887 by the will of Bernice Pauahi Bishop, the great-granddaughter of King Kamehameha.

The school gives preference to applicants of Hawaiian ancestry, orphaned and indigent students who demonstrate the ability to be academically successful.

Kalani Rosell, who graduates from Yale University next year, was the first non-Hawaiian to graduate from Kamehameha's Maui campus in 2007 after he was admitted in 2002 after a list of native Hawaiian students had been exhausted.

In 2003, Brayden Gay Mohica-Cummings, was allowed to attend the school's Kapalama campus following a lawsuit filed by attorney John Goemans. Kamehameha rescinded its offer when his mother, who said she was adopted by Hawaiians, was unable to document his ancestry. The case was settled out-of-court in November 2003, when Kamehameha Schools agreed to let Mohica-Cummings attend the seventh grade.

In 2007, Kamehameha Schools settled another lawsuit with a Caucasian boy, who was denied admission, while the suit was pending before the U.S. Supreme Court. The student, identified only as John Doe, was paid $7 million. In 2008, Kamehameha sued John Doe, his family and his attorneys for releasing information on the settlement amount.

-----------

http://www.kitv.com/education/24200325/detail.html
KITV4, July 9, 2010

Posted on webpage 8:42 am HST
Updated on webpage 9:10 am
Broadcast 5 PM TV news.

Kamehameha Schools Admits Non-Hawaiian
Some Native Hawaiians Angered By Decision

HONOLULU --

Kamehameha Schools announced on its website that it has admitted a non-Hawaiian student.

The school gives preference to children with Native Hawaiian ancestry. In a statement, the trustees and chief executive officer said this summer the school invited 45 students from a wait pool to join the high school and one of them is not Hawaiian.

Kamehameha said non-Hawaiians who meet the admissions criteria can be admitted if there are vacancies after the preference applied. Some Native Hawaiians are upset since many Hawaiians cannot get into the school.

Kamehameha said it is continuing to extend its reach through programs beyond its campuses.

Earlier this year, four non-Hawaiian students ended their lawsuit against the school after a judge ruled their names could not be kept secret.

-----------

http://www.hawaiinewsnow.com/Global/story.asp?S=12783537
Hawaii News Now, July 9, 2010
Posted on webpage 2:35 PM
Broadcast on TV news 5 PM

Kamehameha School admits non-Native Hawaiian student

HONOLULU (AP) - A non-Native Hawaiian student has been admitted to attend Kamehameha Schools this fall. The announcement was made in a letter from the board of trustees and chief executive officer posted on Kamehameha's website.

According to the letter, the student was selected from a wait list of 45 students because there were spaces available. Kamehameha has a century-old Native Hawaiian-preference admissions policy. The letter explained non-Native Hawaiian applicants who meet admissions criteria can be admitted if vacancies exist after the preference is applied. The campus the student will attend wasn't named.

-----------------

http://www.staradvertiser.com/news/20100710_third_non_hawaiian_admitted_to_kamehameha.html
Honolulu Star-Advertiser, July 10, 2010

Third non-Hawaiian admitted to Kamehameha
Space was open after all qualified applicants were chosen, school officials say in a letter

By Gregg K. Kakesako

Kamehameha Schools has admitted a third non-native Hawaiian student.

The student will attend classes this fall and was picked from a wait list of 45 students because there were spaces available, according to a letter from the board of trustees and chief executive officer posted on the school's website and e-mailed to school alumni. The letter does not say what campus the non-Hawaiian student will attend. The private school has campuses at Kapalama and on Maui and the Big Island.

"Non-Hawaiian applicants who meet our admissions criteria can be admitted if vacancies exist after the preference is applied," the letter said.

Kamehameha's decision to admit its first non-native Hawaiian in 2002 sparked controversy and forced the board of trustees to defend its recruiting efforts, admissions procedures and native Hawaiian preference policy.

Dee Jay Mailer is the school's chief executive officer, and Corbett Kalama is chairman of the five-member board of trustees.

The school said there were five additional spaces in the 11th and 12th grades after all applicants in the wait pool were admitted, allowing five additional native Hawaiian applicants in the sophomore wait pool to be admitted on Maui.

"I think they didn't have a choice (under the school's admissions policy)," said Roy Benham, a past president of the Kamehameha Schools Alumni Association.

"I think they did the right thing, and they didn't deny admission to any Hawaiian applicants," he said. "The good thing is that more students were admitted in the lower grade. You generally don't get many students trying to get in the 11th and 12th grades."

Some 800 new students will be starting at Kamehameha Schools' three campuses next month. Kamehameha Schools was founded in 1887 by the will of Bernice Pauahi Bishop, great-granddaughter of King Kamehameha.

The school gives preference to applicants of Hawaiian ancestry, orphaned and indigent students who demonstrate the ability to be academically successful.

Wise Nicola Sr., 54, of Waianae said he is concerned that at some point the number of qualified native Hawaiian students will diminish and a greater number of non-native students will be admitted.

"If in time there are not enough of what they are calling qualified native Hawaiian candidates, then they should follow the Pauahi's vision and admit indigent Hawaiian students, regardless of whether they qualify or not," Nicola said. "They're there. They're Hawaiian. It's better to put them in a Hawaiian school like Kamehameha where they will have a chance to catch up rather than to put them in the DOE system where they'll be pushed aside like opala."

While the school offers extensive outreach programs for Hawaiian students who are enrolled at other schools and staffs offices around the state to provide assistance to applicants, Nicola said its resources would be better directed toward getting more Hawaiian students into the school at a younger age.

"There are some families that just can't teach them certain things they need to pass (the entrance) tests, but these are the types of students the school should be bending backwards to get," he said.

Nicola said he tried repeatedly to get his son and daughter into the private school, but to no avail. Both were successful students at Waianae High School. Nicola's daughter now attends Linfield College in Oregon.

==============

** Note from website editor Ken Conklin: Apparently a memoir and movie are under development about Kalani Rosell, who broke the color barrier at Kamehameha School. Below is a news release and associated news report. PRNewswire is a public relations news release agency which charges a hefty fee ($500, if I recall correctly) to distribute a news release. I don't know who is paying for this one, or why, but it sure is interesting!

http://finance.yahoo.com/news/VerticalNews-Reports-Worlds-prnews-4290385902.html?x=0&.v=1

Yahoo Finance, July 12, 2010

VerticalNews Reports: World's Largest, Wealthiest Private School Admits Only Second Non-Native in Over 50 Years Under Controversial Admissions Policy

Press Release Source: VerticalNews On Monday July 12, 2010, 12:23 pm EDT

ATLANTA, July 12 /PRNewswire/ -- The world's largest and wealthiest private school system, Hawaii's Kamehameha Schools, has admitted only the second non-native Hawaiian under its controversial admissions policy.

Articles this week in four international publications are first with breaking news about the admissions offer to a non-native Hawaiian, the first since the Kalani Rosell controversy of 2002. According to Education Letter, in its lead story titled "World's Wealthiest Private School Admitting Second Non-Hawaiian," Kamehameha Schools this month offered admission to a non-native Hawaiian under its Hawaiians first preference policy. The article can be viewed at The Wall Street Journal Professional Edition at

http://professional.wsj.com/article/TPEDULTR0020100709e67e00001.html

** Ken's note: I have tracked down and copied the article below the PRNew release

Education Letter quotes a Kamehameha trustees letter saying, "As with our regular admissions, we follow our admissions preference policy, inviting students of Native Hawaiian ancestry for each grade level first before inviting all others. This summer, we invited approximately 45 students from the wait pool to join our campus high school ohana [family]. One of them is not Hawaiian."

According to an Investment Weekly News story titled "Hawaii Financial Giant, Kamehameha Schools, Involved in Controversy Again," Kamehameha Schools, a former top shareholder at Goldman Sachs, is opening its campus doors to a non-Hawaiian for only the second time in more than fifty years. The article can be viewed at The Wall Street Journal Professional Edition at

http://professional.wsj.com/article/TPINVWK00020100709e67h00001.html

Entertainment Newsweekly's lead story is "Memoir and Screenplay about Racism in Hawaii in Pre-Development." The publication is reporting that the memoir and movie are being written by award-winning journalist and media executive C.W. Henderson. Entertainment Newsweekly reports that the projects, now in pre-development, have a working title of "Yale is God," and that the title comes from the themes of the memoir and movie, which focus not only on racism, but also on religion, relationships, and redemption. The article can be viewed at The Wall Street Journal Professional Edition at

http://professional.wsj.com/article/TPENTWK00020100709e67g00001.html

The boy at the center of the memoir and movie, Kalani Rosell, was the first non-Hawaiian admitted to Kamehameha Schools, which has an endowment valued at $7.2 billion. Rosell was the first Caucasian admitted under the school's preference policy, also referred to as "Hawaiians first."

The newsweekly Ivy League Week reports that Rosell is now a senior at Yale University. According to his mother, Maura Rosell of New Haven, Connecticut, and Wailuku, Maui, he was recently awarded a Yale Environmental Summer Research Fellowship, and he is a member of the prestigious Yale varsity lightweight men's rowing team. In addition to being an athlete and scholar, he is a well-known ballet dancer, currently with the New Haven Ballet. At Yale he is majoring in international studies and environmental studies.

Adam Liptak, the prominent New York Times Supreme Court correspondent, wrote a front page account in 2002 about Rosell and the Kamehameha controversy. The article can be viewed at The New York Times at

http://www.nytimes.com/2002/07/27/us/school-set-aside-for-hawaiians-ends-exclusion-to-cries-of-protest.html?scp=1&sq=School+Set+Aside+for+Hawaiians+Ends+Exclusion+to+Cries+of+Protest&st=cse&pagewanted=all

Press Release Contact Information:

Susan Hasty
Publisher
NewsRx
770-507-7777
publisher@newsrx.com

------------

http://www.verticalnews.com/article.php?articleID=4059520

Vertical News, July 13, 2010

Today's Top News

Endowments

Hawaii Financial Giant, Kamehameha Schools, Involved in Controversy Again

(VerticalNews.com) -- Kamehameha Schools, Hawaii's giant financial trust and a former top shareholder at Goldman Sachs, is opening its campus doors to a non-Hawaiian for the first time since 2002, and only the second time in more than fifty years.

The trust's private school system announced it has once again offered admission to a single non-Hawaiian. With a $7.2 billion endowment, Kamehameha Schools is as well known for its controversial "Hawaiians first" admissions policy as it is for its wealth, and it is often referred to as the world's largest and wealthiest private school.

When the trust first admitted a student in 2002 under its preference policy for Hawaiians, speculation was that the admission was related to potential Internal Revenue Service requirements concerning the school's tax-exempt status, according to unconfirmed press reports in The New York Times and others. Adam Liptak, the prominent New York Times Supreme Court correspondent, wrote a front page account of the Kamehameha controversy, quoting Native Hawaiians.

Admission of that 2002 Caucasian student, Kalani Rosell, reportedly may have saved the trust over $1 billion in taxes and penalties, although that was never confirmed by either the IRS or Kamehameha Schools, but was the subject of press reports and discussions in letters and emails to Hawaii newspapers and blogs. Rosell is now a senior at Yale University, and currently is enrolled in a course called Financial Markets during the summer session, according to his mother, Maura Rosell, of New Haven, Connecticut and Wailuku, Maui.

A book and movie about Rosell's experiences at Kamehameha Schools is being written by award-winning journalist and media executive C.W. Henderson, executive editor of Investment Weekly News, Ivy League Week, and others.

Although the fair value of Kamehameha Schools' endowment was approximately $7.2 billion last year, the trust spent only $258 million on educational programs in the last fiscal year. Over 5,000 students are educated during the school year at the trust's three campuses on Oahu, Maui, and the Big Island of Hawaii.

According to the trust, the economic recession deflated Kamehameha Schools' endowment by $2.2 billion. The portfolio value declined from $9.4 billion in 2008 to $7.2 billion in June 2009.

The decline comes after decades of substantial growth, much of it as a result of its investments in Goldman Sachs in the 1980s and early 1990s. Along with Sumitomo Bank of Japan, the trust became the largest outside investor in the global financial giant, and by 1999, the trust's value had grown to $6 billion.

For the ten year period from 1999 through 2009, Kamehameha's return was 7.2 percent. Its real estate portfolio experienced a 9.8 percent return during that ten year period, even though its Hawaii real estate portfolio had a net loss of 19 percent. The trust has extensive real estate investments on Waikiki Beach and other prime locations on Oahu, the Hawaiian island where Honolulu is located.

Keywords: Goldman Sachs, Kamehameha Schools, trust, Hawaii, Maui, Kalani Rosell, Maura Rosell, Yale University, The New York Times, Adam Liptak, endowment, Honolulu, Oahu, Waikiki, New Haven, Connecticut, admissions, Sumitomo Bank, Japan, tax-exempt status, C.W. Henderson, private school, New Haven, Connecticut, Supreme Court, real estate, non-Hawaiian

This article was prepared by VerticalNews editors from staff and other reports. Copyright 2010, VerticalNews.com.

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http://www.staradvertiser.com/editorials/letters/20100718_Letters_to_the_Editor.html
Honolulu Star-Advertiser, July 18, 2010, Letters to editor (x2)

Kamehameha should be more transparent

Does any other Hawaiian feel distrust toward those running Kamehameha Schools? It's time for the Hawaiian people to demand transparency from Kamehameha.

We should have wait lists that are posted so we can see where our children are on the list. If children are willing to relocate in order to obtain an education, they should be allowed to do so, and be accepted at the various campuses.

Because Kamehameha segregates us into different "regions," one wonders if they exhausted every Hawaiian applicant from every region, and each gender, before they admitted a non-Hawaiian. With transparency, we wouldn't need to waste our mana wondering about such rubbish! It's about time our children lawyer up and sue for the right to attend.

J.K. Peterson
Honolulu

Hawaiian blood is only qualification needed

I am very disappointed that Kamehameha Schools has admitted yet another non-native Hawaiian to the school, when there are, indeed, many qualified native Hawaiians who have tried to get in without success. ("Third non-Hawaiian admitted to Kamehameha," Star-Advertiser, July 10). I wholeheartedly agree with Wise Nicola Sr., and join in his concern about the school's future admission policies and what that means in regard to the intent of Princess Bernice Pauahi Bishop's will.

Native Hawaiians must always have preference. Like Mr. Nicola's children, family and friends of mine have also tried repeatedly to get their children into Kamehameha, and have the only necessary "qualification"—they are native Hawaiians—and yet they have not been accepted into a school created for them.

Most of these children do well in school, are well-rounded with extracurricular activities such as band and sports, and yet, for whatever reason, they have been declined. I have heard so many sad stories of rejection, so when I hear that non-native Hawaiians have been accepted, I am outraged.

Mona K. Wood-Sword
Honolulu
Kamehameha Schools Class of 1977

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http://www.staradvertiser.com/news/20100720_Story_of_Kamehameha_student_might_be_filmed.html
Honolulu Star-Advertiser, July 20, 2010

Story of Kamehameha student might be filmed

By Mike Gordon

The story of Kalani Rosell, the non-Hawaiian student whose admission to Kamehameha Schools Maui in 2002 sparked community outrage, might become a motion picture.

C.W. Henderson, an editor of several East Coast publications and a close friend of the Rosell family, plans to include the story in his memoirs, which he hopes to turn into a film, he said via e-mail. Although Henderson has had talks with agents, publishers and producers about his memoirs and screenplay, he said no deal has been inked for the story, tentatively called "Yale Is God."

Rosell, 20, just finished his third year at Yale, where he is double-majoring in environmental studies and international studies as well as rowing on the university's lightweight varsity men's crew.

Rosell, the first non-Hawaiian admitted to Kamehameha Schools Maui, graduated in 2007.

The decision to admit Rosell caused an uproar with many parents and alumni who said Kamehameha was neglecting native Hawaiians. The school's board of trustees and administrators explained at the time that Rosell had been selected after a list of qualified Hawaiian students had been exhausted.

Henderson confirmed that his memoirs, which he is still writing, will examine racism, religion, relationships and redemption.

"Cultural clashes are at the root of all of our social and political battles, and as a consequence they are most often the backdrop for epic stories," Henderson said.

Rosell's parents, Maura and the late John Rosell, also were "a huge part of their son's story," Henderson said.

"To this day no one knows the Rosell's entire story but me," he said. "It is a big part of my memoir and screenplay."

Rosell's mother divides her time between New Haven, Conn., and Maui. His father -- Henderson's best friend -- died in the summer of 2007.

Rosell was born on Maui of Italian and Swedish heritage. He was a stand-out swimmer while at Kamehameha as well as an accomplished ballet dancer. He still performs as a member of the New Haven Ballet.

"Even though I am in Connecticut on the East Coast and away from everyone, I have maintained my connections to my roots in Hawaii," he said via e-mail. "And when I was on Maui earlier this year, I saw some of my former teachers and friends from Kamehameha Schools."

Neither the family nor Henderson would say anything else about the project, in part because of "the sensitive issues surrounding Kamehameha Schools' admissions policies," Henderson said.

Henderson is the executive editor of Ivy League Week and Education Letter at the Wall Street Journal Professional Edition. He is a former publicist for Tri-Star Pictures and an independent TV producer. He has written stage plays, screenplays and TV programs, including the TV premiere of Michael Jackson's "Thriller" video.

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http://www.staradvertiser.com/news/hawaiinews/20100725_Students_entrance_not_due_to_suit_Kamehameha_says.html
Honolulu Star-Advertiser, July 25, 2010

Student's entrance not due to suit, Kamehameha says
The admission of a non-Hawaiian shows its policy is flexible, a school official says

By Ken Kobayashi

Lawyers for four non-Hawaiian students challenging the Kamehameha Schools admissions policy are still pressing their case before a federal appeals court, but Kamehameha officials say the lawsuit had nothing to do with their recent announcement that a student without Hawaiian blood will be admitted this year.

Ann Botticelli, Kamehameha vice president for community relations and communications, said the school was adhering to its policy of giving preference to native Hawaiians. The non-Hawaiian student was among applicants waiting for openings in grades 10, 11 and 12 at the Kapalama Heights, Big Island and Maui campuses, she said.

The student's admission involved an "unusual situation where we had more vacancies than applicants," she said.

Botticelli, however, said the student's admission was "consistent" with the admissions policy that has been upheld in court.

"It does demonstrate that our policy is not an 'absolute bar' to non-Hawaiians seeking admission," she said.

The point is important because some federal judges believe the policy violates federal civil rights laws against race discrimination because it's tantamount to an "absolute" ban on non-Hawaiian applicants.

But other federal judges who have outvoted them say the policy is justified because it addresses long-recognized social and economic disadvantages for native Hawaiians.

David Rosen, a lawyer for the students who are pressing their case before the U.S. 9th Circuit Court of Appeals, said he didn't want to speculate about the effect of the non-Hawaiian student's enrollment, but said, "I don't see how it would affect the case one way or the other."

Kamehameha's admissions practices have long been controversial. Native Hawaiians and their supporters believe the admissions policy is at the heart of the multibillion-dollar estate, while critics say the practice is a violation of civil rights laws.

The pending court case was filed in the wake of a $7 million settlement of a lawsuit by an unnamed non-Hawaiian student known only as John Doe. The settlement was reached in 2007 just before the U.S. Supreme Court was to decide whether to hear the teenager's challenge.

It avoided a decision by the high court that, if it had ruled against the school, would have been a devastating blow to the admissions practices, but the settlement did not preclude future lawsuits.

The following year, the four non-Hawaiian students filed a similar civil rights challenge, but Kamehameha objected to the students pressing their case anonymously. In the first lawsuit, the schools did not object.

The students' lawyers contended their clients feared for their safety if their identities were disclosed, but federal judges here denied their request to proceed anonymously.

The attorneys took their case to the appeals court, which wrestled with the school's admissions practices when it granted a rare "en banc" hearing in 2006 in the earlier case.

The issue this time did not deal with admissions, but a three-judge panel still considered it significant.

"Few tenets of the United States justice system rank above the conflicting principles presented in this case: the transparency and openness of this nation's court proceedings and the ability of private individuals to seek redress in the courts without fear for their safety," Robert Beezer, a senior appeals judge, wrote in the opening of the unanimous opinion.

Beezer wrote that the court was "sympathetic" to the concerns of the four students and their parents, but also recognized the "paramount importance of open courts."

He wrote that the appeals judges might have ruled in favor of the students if they were the trial judge, but that they would not overrule the findings because the trial court "did not abuse its discretion."

This time, it's the challengers to the admissions policy who are asking for a larger "en banc" rehearing.

The court rarely grants rehearings and it's even rarer that the judges overturn the panels' rulings, especially when the decisions are unanimous.

But Rosen and Sacramento lawyer Eric Grant filed their request March 23. Kamehameha filed its opposition May 5.

The appeals court will grant the request only by a majority vote of its 25 members. Judge Richard Clifton from Hawaii has taken himself out of any involvement in the case.

The vote would be triggered if at least one of the judges requests the balloting.

It's unclear when a decision on the rehearing will be made. But the passage of time since the final papers were filed May 5 suggests that at least some of the judges might be considering asking for a vote.

KAMEHAMEHA SCHOOLS ADMISSIONS fight

» 2002—Kalani Rossell, a non-Hawaiian student, is admitted to Kamehameha Schools after the school said applications for all qualified native Hawaiians had been granted.

» 2003—Brayden Mohica-Cummings, a non-Hawaiian student, is admitted to the school as a result of a settlement of his federal lawsuit challenging the admissions policy.

» 2003—John Doe, an anonymous non-Hawaiian student, files a lawsuit challenging Kamehameha Schools' admissions policy.

» 2005—A three-judge panel of the U.S. 9th Circuit Court of Appeals rules 2-1 in Doe's favor. The majority says the policy is an "absolute ban" based on race discrimination in violation of U.S. civil rights laws.

» 2006—The appeals court's 15-judge panel overturns the earlier decision and rules 8-7 that the policy justifiably gives preference to Hawaiians to address social and economic disadvantages.

» 2007—Kamehameha Schools agrees to pay $7 million to settle the Doe lawsuit just before the U.S. Supreme Court was to decide whether to accept the appeal of the 9th Circuit decision. The settlement avoids a ruling by the Supreme Court on the policy.

» 2008—Four non-Hawaiian students file a lawsuit challenging the admissions policy. Kamehameha Schools, which did not object to the anonymity in the Doe lawsuit, now objects to the four proceeding anonymously.

» 2009—U.S. District Judge Michael Seabright upholds Magistrate Judge Barry Kurren's decision that the four cannot proceed anonymously. The suit is dismissed.

» March 2—The U.S. 9th Circuit Court of Appeals' three-judge panel rules 3-0 upholding lower court judges.

» March 23—Four students ask for a rehearing by a larger appeals court panel, which because of a change in procedure would be 11 judges instead of 15.

» May 5—Kamehameha Schools opposes the request.

» July 2—Kamehameha Schools announces it will admit a non-Hawaiian student.

Kamehameha Schools admitted two non-Hawaiian students in 2002 and 2003, but attorneys representing the four students challenging the policy contend that the admissions practice is still prohibitive.

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http://www.staradvertiser.com/news/breaking/106932638.html
Honolulu Star-Advertiser, November 8, 2010, Breaking News posted 5:00 PM

Federal appeals panel denies request to rehear Kamehameha admissions case

By Star-Advertiser Staff

The 9th U.S. Circuit Court of Appeals denied a request today to convene an 11-judge panel to rehear the case involving four non-Hawaiian students challenging Kamehameha Schools admissions policy.

A three-judge appeals court panel ruled earlier this year that the four who expressed fears for their safety could not press their lawsuit anonymously.

Their lawyers asked the appeals court to set aside that ruling and convene the larger "en banc" panel to rehear the case.

The appeals court said yesterday an appeal judge asked for a vote on the rehearing, but the request failed to get a majority of votes from judges who had not stepped down from the case.

Chief Appeals Judge Alex Kozinski wrote a lengthy dissent to the denial of the rehearing.

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http://www.staradvertiser.com/news/20101115_Judges_cite_Kill_Haole_Day.html
Honolulu Star-Advertiser, November 15, 2010

Judges cite 'Kill Haole Day'

After a court rejects anonymity for plaintiffs suing Kamehameha Schools, the dissents note racism

By Ken Kobayashi

A federal appeals court ruling that rejected a challenge to the Kamehameha Schools admissions practice includes a heated debate over whether four non-Hawaiian students would be subject to racial attacks if their identities were revealed.

The 9th U.S. Circuit Court of Appeals issued a brief order last week denying a request by the four for a rehearing on the issue of whether they may anonymously pursue a lawsuit contesting the schools' preferential policy for students with Hawaiian blood.

But attached to the ruling were lengthy dissents and a defense of the decision that are rare for orders on rehearing requests.

Chief Appeals Judge Alex Kozinski and Appeals Judge Stephen Reinhardt wrote strongly worded dissents, referring to "Kill Haole Day" at Hawaii's schools and arguing the four would be endangered in a "racially charged environment."

Three other judges defended the order, pointing out that, historically, the names of juveniles in significant civil rights cases have been disclosed. The cases, they wrote, include Brayden Mohica-Cummings' 2003 lawsuit challenging the Kamehameha policy and the U.S. Supreme Court's landmark 1954 Brown v. Board of Education decision outlawing segregation.

U.S. District Judge Michael Seabright was correct when he denied the students' request to proceed anonymously, the three wrote.

Paul Alston, Kamehameha Schools' attorney, who said he was pleased but not surprised by the order, called the dissents "factually wrong and just off-based."

David Rosen, lawyer for the four, said he found it interesting that the two dissenting judges felt so strongly.

"Obviously, we agree with them," he said.

Rosen said it is likely they will appeal.

If the Supreme Court declines to review the decision, last week's order signals the end of the only pending court challenge to the admissions policy.

The four filed their lawsuit after a similar suit by an unidentified, non-Hawaiian student and his mother settled with Kamehameha Schools for $7 million in 2007 just before the high court was to decide whether to hear the case.

In that case the 9th Circuit had ruled 8-7 that the schools' policy did not violate the Civil Rights Act.

Kamehameha Schools did not oppose the student's remaining anonymous, but objected when the four also sought anonymity. U.S. Magistrate Barry Kurren and later, Seabright, ruled that the four did not establish that they would be imperiled.

Earlier this year, a three-judge panel of the 9th Circuit upheld the rulings, expressing sympathy with the students and parents but asserting that the Hawaii judges were within their discretion in finding the students' fears "unreasonable."

Lawyers for the four asked for a larger "en banc" panel of 11 appeals judges to rehear the case. The order last week denied that request.

In dissent, Kozinski quoted anonymous online remarks saying the students "would have to watch their backs for the rest of their lives." If similar threats were made against him or his family, he would call U.S. marshals, he wrote.

"No litigant should fear for his safety, or that of his family, as a condition of seeking justice," he wrote.

Kozinski agreed with Reinhardt, who wrote a separate dissent that described Hawaii has a "racially charged environment."

"In recent years, Hawaii has endured a spate of anti-Caucasian violence," he wrote. "The last day in Hawaiian schools, for example, has long been known as 'Kill Haole Day,' with white students - 'haoles' - targeted for harassment and physical abuse."

Alston said Kurren and Seabright found that the angry remarks did not have credibility or substance.

The dissenters, Alston said, "should have given credence to the assessments made by judges in the community instead of blowing up the snippets that were taken out of context."

Appeals Judges Robert Beezer, Susan Graber and Raymond Fisher, who wrote the earlier decision denying the four from proceeding anonymously, defended last week's order.

"Consider, for instance, that in the past students have used their real names when challenging Kamehameha's admissions processes," their opinion said. "Not only that, those students have since prevailed and enrolled in the school, with no incidents whatsoever, either in class or in public."

They also cited the four's own statements that they did not fear "possible retaliation and ostracism" at the schools if they were admitted.

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http://www.staradvertiser.com/editorials/20101117_Anonymity_not_haole_is_issue.html
Honolulu Star-Advertiser, November 17, 2010
EDITORIAL

Anonymity, not 'haole,' is issue

A five-judge federal appeals court panel's ruling against the anonymity of non-Hawaiian students seeking admission to Kamehameha Schools is sound, although dissents have stirred misguided accusations of race-related bullying of students in Hawaii public schools. While state schools have been admonished by the U.S. Department of Education for failing to respond to harassment, that has nothing to do with the Kamehameha case.

In a dissent of a ruling by a panel of the 9th U.S. Circuit Court of Appeals, Chief Appeals Judge Alex Kozinski and Judge Stephen Reinhardt referred to "Kill Haole Day" at Hawaii schools and argued that four non-Hawaiian students would be endangered if their names were made public. This, despite the four students' own statements that they did not fear "possible retaliation and ostracism" at the schools if they were admitted.

The two judges cited a 1999 article in the Honolulu Star-Bulletin quoting then-state Rep. Jim Rath, a Republican from Kona, suggesting that "Kill Haole Day" was a long-standing tradition in some schools on the last day of the school year. Then-schools Superintendent Paul LeMahieu was quoted as saying he was aware of "Kill Haole Day" and that he hoped it was a thing of the past, although the yearly occurrence of such harassment cannot be substantiated.

Addressing a parent's complaint, federal education officials found last December that the state had failed to adhere to federal civil rights laws by not responding to complaints about race- or sex-based "assaults or other physical harassment" at the Big Island's Kealakehe campus. Federal investigators found evidence that "most, if not all" of harassed students on the Kona campus were Caucasian, especially "younger, smaller students" who were light-skinned or blond. The department's director of civil rights compliance has said it is taking steps to enforce anti-discrimination rules. Indeed, such action must be taken in any legitimately intimidating situation.

But that is not the case here. In fact, the only non-Hawaiian admitted to Kamehameha for extensive schooling in recent years fared well and was called "Snowy" by classmates as a term of endearment. Kalani Rosell entered Kamehameha on Maui in 2002, excelled in swimming and track and graduated in 2007. A community outcry had followed his acceptance at the school after the list of qualified native Hawaiians students had been exhausted. Rosell has said students did not talk to him during his first days at Kamehameha. That soon changed and he said his relationships at the relatively small school soon turned into "the close feeling of ohana." He is now a senior at Yale University.

Rosell did not seek, nor was he covered by, anonymity when he applied for admission to Kamehameha's Maui school. His experience revealed that threats or retaliation due to racism did not result, and this is the real-life proof that should be noted, not the vague urban myth of "Kill Haole Day" cited recently by the two dissenting judges.

The three judges who did rule that the names of the four student applicants at Kamehameha should be made public rightly pointed to past cases -- the 2003 lawsuit seeking acceptance of Brayden Mohica-Cummings at Kamehameha and third-grader Linda Brown in the landmark 1954 case of Brown v. Board of Education. Rarely should anonymity be granted in federal lawsuits -- in this case, judicial overreaching into an unsubstantiated and hypothetical "racially charged environment" does not qualify for that rarity.


===========================

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Ken_Conklin@yahoo.com

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