Judge Rules Non-Hawaiian Student Can Attend Kamehameha
School Fighting Lawsuit In Court
POSTED: 8:35 am HST August 20,
2003
UPDATED: 9:54 am HST August 21,
2003
HONOLULU -- Federal Judge David Ezra ruled Wednesday that a non-Hawaiian student can temporarily attend Kamehameha Schools Kapalama campus when classes begin Thursday.The student in question has been told he does not meet the Hawaiians-only criteria. In response, a temporary injunction was requested so he could attend classes while the case is resolved.
Brayden Mohica-Cummings (pictured, left) wants to attend Kamehameha Schools and was briefly accepted to attend its Kapalama campus. However, when he failed to prove Hawaiian ancestry the school said he'd have to get his education somewhere else.His attorneys said they're pleased with the ruling. Attorneys for Kamehameha Schools didn't immediately comment.Mohica-Cummings will move into the dormitory, because his family lives on Kauai, either Wednesday or Thursday and begin classes with the other students on Thursday, according to his family."I was just happy that I finally got what I wanted and was happy that I get to go to a new adventure and a great school," Mohica-Cummings said.Ezra said that because Kamehameha waited until just two days before Mohica-Cummings was set to move to Oahu to reject him, Mohica-Cummings would suffer irreparable harm if he was not admitted to the school partially because he's already missed three weeks of public school on Kauai.Ezra was quick to point out that Wednesday's ruling did not affect Kamehameha's policy.
"I am not today deciding that the Kamehameha Schools administration policy is either illegal, violates a statute or is unconstitutional," Ezra said.For 116 years, Kamehameha has been educating children of Hawaiian ancestry, as set out in Princess Bernice Pauahi Bishop's will. Some say the admissions policy is racially discriminatory, but the school stands by its policy.Kamehameha Schools trustee Constance Lau said the school will "vigorously defend" the institution's policy.Trustee Nainoa Thompson says the issue is not discrimination but social justice and righting wrongs of the past."Kamehameha Schools should educate children of Hawaiian ancestry. You want to know why? Go look at the need. Look at the educational need. Look at absentee rates. Look at the SAT tests. Look at how, frankly, our public schools are not meeting our need. So, take away Kamehameha schools who is (going to educate Hawaiian children)?" Thompson said.Trustees said they will also speak with teachers and students about the issue. They said harassment will not be tolerated.Attorneys for the student said his mother didn't try to deceive the school. She was adopted and raised by Melvin Cummings, who is part Hawaiian. She considers herself and her son Hawaiian.Although Mohica-Cummings will attend Kamehameha this year, there's no guarantee he'll finish his high school career there. Ezra said if Kamehameha's admissions policy is legal, the boy could be kicked out.Last year, there was outrage from alumni and Native Hawaiian activists when a non-Hawaiian eighth-grader was admitted to the Maui campus. That student is currently attending the Maui school. After that lone admission, Kamehameha returned to it's Hawaiians only policy.
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Previous Stories:
- August 19, 2003: Judge Delays Ruling On Kamehameha Admissions Policy
- August 19, 2003: Student Challenges Kamehameha Schools Admission Policy
- May 7, 2003: Kamehameha Considers Relaxing Admission Standards
- August 12, 2002: Kamehameha Schools Make Application Changes
- July 26, 2002: Group Wants Kamehameha Schools Policy Changes
- July 12, 2002: Kamehameha Schools To Admit Non-Hawaiian
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