Former University of Hawaii men’s head basketball coach has filed a motion to dismiss a lawsuit brought against him by the University of Hawaii.
According to Arnold’s attorney, the dispute must be resolved through grievance and arbitration, not the state courts, since Arnold was a union employee.
Stephen Tannenbaum says the allegations involve claimed breaches to a Collective Bargaining Agreement and supplemental Head Coach Agreement, negotiated and signed by the university and HGEA on Arnold’s behalf.
“The principal that an employer must go through the contractual and statutorily set grievance process is an important one that Coach Arnold is fighting for,” he said. “Otherwise any UH or state employee who chooses to fight for his or her rights and pursue a grievance against the university or the state can expect them to simply evade the statutorily and contractual set methods, file an expensive lawsuit, lawyer up and give that employee the runaround in court for as long as they can, and that is simply something that is unacceptable.
“We believe and we maintain that this lawsuit is simply another case of vindictive retaliation by the university against a former employee,” he added.
In response, William McCorriston, the university’s attorney, released the following statement:
Both the filing of the motion and the public statement on Mr. Arnold’s behalf are indicative of Mr. Arnold’s ongoing inability to take responsibility for his actions, which have subjected the University, and its Men’s Basketball Program, to potential NCAA sanctions. The University anticipated this precise response from Mr. Arnold. We will be responding forthwith with our own motion seeking summary disposition in our own favor. The University’s lawsuit raises issues squarely within the conventional expertise of the State Judiciary, and it looks forward to the Court’s resolution of those matters.