Gib Arnold is not going down without a fight.
The ex-University of Hawaii basketball coach and his former employer might be headed toward a legal tussle over more than $1.4 million that Arnold said Tuesday he is owed as part of his termination of employment.
A UH source not authorized to speak publicly on the matter said the university’s outside counsel does not agree with Arnold’s contention.
In a statement released to the media Tuesday afternoon, Arnold disputed charges against him in the NCAA’s notice of allegations delivered to the university Friday, saying he will "most fiercely defend" himself against two Level I allegations, the most severe category.
In the notice, the collegiate sports governing body alleged Arnold "acted contrary to the NCAA principles of ethical conduct" and "knowingly influenced others to provide the institution with false or misleading information, or to conceal information" regarding violations from the fall of 2010, the start of Arnold’s tenure at UH, through the course of the NCAA’s eight-month investigation of the Rainbow Warriors program in 2014.
Arnold and assistant coach Brandyn Akana were fired "without cause" by UH on Oct. 28, meaning they were entitled to compensation.
Arnold said he will use the mandated 90 days — the amount of time institutions are given to respond to NCAA allegations upon deliverance of the notice — to prepare a defense. Arnold, who was also cited in four Level II violations, said he will use his personal funds.
"Fortunately, the University agreed under my contract to pay me more (than) $1.4 million as my termination payment, so I will have the resources to fight the NCAA’s allegations against me," Arnold stated.
UH was to have paid Arnold the remainder of his 2014-15 salary of approximately $346,000 in a lump sum in late January.
But Arnold says his contract entitles him to an amount of severance money equal to what he accrued since his contract began on July 1, 2011.
Arnold stated: "UH decided they would rather pay me the contract price — three and half years’ salary and bonuses totaling over $1.4 million — to terminate me ‘without cause’ rather than fire me ‘with cause’ and pay nothing. That decision, made when the Athletic Department was already millions of dollars in the red, tells you the University did not have confidence that the facts they heard amount to cause for dismissal. On that point, UH and I agree."
UH has retained attorney William C. McCorriston of the McCorriston Miller Mukai MacKinnon law firm in the matter. A call to McCorriston’s office was not returned Tuesday evening.
UH athletic director Ben Jay declined comment. UH spokesman Dan Meisenzahl deferred comment to McCorriston.
The contention over Arnold’s contract could come down to the wording of a section on the 12th page titled "Termination Without Cause."
It states in part: "This Agreement may be terminated by the University at any time without cause upon 90 days written notice to Coach. In such event, University will pay Coach as liquidated damages, a lump sum amount equal to the total amount of compensation earned under the terms of this Agreement as of the date of the termination (incentives and extensions not achieved are not included in liquidated damages). This payment is Coach’s exclusive remedy."
Arnold became UH coach in the 2010-11 season, but a formal contract for his employment was not completed until his second year. It was to expire in June 2014, but Arnold earned a one-year rollover for attaining 20 wins in the 2013-14 season.
If the NCAA’s allegations against Arnold are upheld, he could face a suspension from coaching at NCAA institutions. Sanctions are possible for the UH basketball program, as well.
