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Settlement Reached In Kamehameha Schools Case

Non-Hawaiian Student Allowed To Stay At School

POSTED: 10:52 am HST November 29, 2003
UPDATED: 2:47 pm HST November 29, 2003

Kamehameha Schools trustees have confirmed that there is a settlement in a lawsuit challenging the institution's admissions policy.

The decision means than Brayden Mohica-Cummings, a 12-year-old non-Hawaiian student, will be allowed to continue his education at the Kapalama campus.

Attorneys for both sides met with Judge David Ezra Saturday, and it is anticipated that Ezra will approve the settlement. Sources say the Kamehameha lawyers first suggested letting Mohica-Cummings stay at the school when it became clear that Ezra might let him stay anyway during the years of appeals.

"We dropped the lawsuit because we got everything we wanted," said Eric Grant, attorney for Mohica-Cummings. "Brayden brought the lawsuit because he wanted to go to Kamehameha Schools, and he is going to Kamehameha Schools."

The Hawaiian activist group Ilio'ulaokalani Coalition is outraged by the settlement. Members believe it sets a dangerous precedent for the Kamehameha Schools.

"It's going to be very difficult for Hawaiians to support this decision," said Ilio'ulaokalani Coalition member Vicky Holt-Takamine. "It speaks to Hawaiian culture, values and practices. It speaks to the heart of who we are as Hawaiians, and it speaks to everything that we have been fighting for."

Kamehameha Schools trustee Nainoa Thompson says it was an extremely tough decision, and only scratches the surface of what this case really means. "Kamehameha Schools is under attack," said Thompson. "This institution is being driven to be what it can't be to serve its people."

Thompson adds that it's upsetting to him that 12-year-old Mohica-Cummings was used to challenge the admissions policy. "We're not against this child in any means," he said. "But I feel sorry for that child…that there are others who would shove him up in front."

The trustees say because the case involves a minor, it must be approved by the Hawaii probate court. The case also needs final approval by the federal court. A hearing is set for Thursday.

Kamehameha Schools says it is in the process of scheduling a series of community meetings next week to address the public about its decision.

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