Kamehameha Schools will receive $1.4 million in a settlement of its lawsuit alleging a breach of a confidential agreement that ended a court challenge to the schools’ admissions policy giving preference to students with Hawaiian blood, the schools announced Monday.
The Hawaii island suit was against an unnamed non-Native Hawaiian student, known only as John Doe; his mother; and their attorney, Eric Grant, over the disclosure that the schools paid $7 million to settle their suit alleging that the admissions policy violated federal civil rights law.
The Doe lawsuit was settled in 2007 as the U.S. Supreme Court was considering whether to accept the case.
The late John Goemans, an attorney for the son and mother, disclosed that the schools paid $7 million.
The schools said Doe and his mother apologized, quoting their attorney as saying, "We are very sorry for the harm caused to the schools, which led to this lawsuit. We are sorry for Mr. Goemans’ actions."
The schools said Doe, his mother and Grant will pay $1 million, plus $400,000 in legal fees and costs, to settle the case.
The schools’ statement quoted Grant, of Sacramento, Calif., as saying that he regrets the schools were "deprived of confidentiality" and that his efforts didn’t prevent Goemans from disclosing the settlement terms.
The schools’ board of trustees said they were pleased with the outcome. They said the settlement provides the schools with "just compensation" and avoids the expense and distraction of a court case.
The 2007 settlement avoided any review by the U.S. Supreme Court of the admissions policy and left standing an 8-7 ruling by the U.S. 9th Circuit Court of Appeals upholding the admissions practice.
Goemans disclosed the $7 million the following year, saying he had learned from Internal Revenue Service officials that Kamehameha Schools, as a charitable trust, cannot keep the figure confidential.
Goemans, 75, who had been suffering from pancreatic cancer, died in California in 2009.