Termination of Gib Arnold as the head coach of the University of Hawaii men’s basketball team for cause would likely require him to have had knowledge of or been involved in significant NCAA violations, a prominent local employment attorney said.
Though Arnold’s 18-page contract says the school could terminate him, "… if the athletic director has a reasonable basis to believe that a violation of NCAA regulations has taken place," James Bickerton, a partner at Bickerton Lee Dang Sullivan Meheula, said it might not be that easy. "That would suggest that, hey, the athletic director can fire him for just having a reasonable basis to believe there’s (been) a violation.
"But (part) ‘G’ (of the contract) says he is subject to disciplinary or corrective action pursuant to NCAA bylaws and enforcement procedures including, pursuant to NCAA Bylaws … suspension without pay or termination for significant or repetitive violations of NCAA regulations."
Bickerton said, "Although the general discipline terms suggest the coach can be disciplined all the way up to termination for NCAA violations, a court would probably hold that termination has to be in accordance with the separate section of the contract governing termination."
Bickerton, who has practiced law in Hawaii for 25 years and has represented the NCAA in the past, reviewed the contracts of Arnold and his assistants at the request of the Honolulu Star-Advertiser.
Aspects of the UH men’s basketball team have been under investigation by the NCAA since March following allegations of an alteration made to a certified document required for a recruit to be admitted to the school.
The NCAA’s inquiry is said to have moved beyond the document to other areas, reportedly including player benefits and practice time. No allegations have been announced and UH and the NCAA have declined comment.
Arnold’s $344,000 annual contract was to expire July 1, but by reaching 20 victories in the just-completed season he earned a one-year automatic rollover, according to terms of the agreement. Athletic director Ben Jay said talks on a multi-year extension have been ongoing with Arnold’s attorney.
Jay declined to discuss whether he believed NCAA infractions could be grounds for termination.
A separate provision in Arnold’s contract says termination may be made for cause including:
"A. … a deliberate or major violation as defined by the current NCAA by-laws and legislation by coach or a failure to report such violation …
"B. Violation of NCAA legislation relating to the sports program by an assistant coach, coordinator or sport program student-athlete, and either (i) the violation occurs or continues to occur after coach knew or should have known that it was about to occur or was occurring or (ii) coach failed to establish and maintain reasonable policies and procedures for the sports program to prevent violations of NCAA legislation; or…
"C. Violation of NCAA legislation by any coach or student-athlete under coach’s direct supervision that, upon determination of the athletics director, reflects adversely upon the university…"
Bickerton said, "The termination section requires either knowledge of the violation or failure to have policies in place, an NCAA violation by itself is not a termination ground unless it ‘reflects adversely on the university.’ The latter question is a complex one, as it is not clear what sort of conduct would reflect adversely on the institution and what would not."
Bickerton said, "Plainly, not every NCAA violation falls into that category. It would probably be a disputed court battle unless it was something that clearly harms the school’s reputation."
