Arnold’s attorney blames UH for delayed response

Ex-University of Hawaii basketball coach Gib Arnold was forced to seek an extension for replying to NCAA charges because UH "reneged" on an agreement to pay some of his legal bills, one of his attorneys says.

Both Arnold and UH had been due to respond to the NCAA’s January Notice of Allegations by April 30. Because Arnold was granted a 15-day extension, UH is also permitted to delay its response to the charges, the parties said.

Arnold was dismissed "without cause" by UH on Oct. 28 amid an NCAA investigation into the men’s basketball program. Three months later the NCAA alleged seven violations against UH, all of them Level I or Level II, the most severe of four categories. Arnold was cited in all seven charges.

Prior to his dismissal, Arnold engaged Kansas City attorney Scott Tomp­sett, a specialist in NCAA infractions cases, to represent him in the investigation. Tomp­sett is described as the "go-to counsel for coaches involved in NCAA investigations" by the National Law Journal.

Tompsett has not commented on the case, but told the National Law Journal in a 2010 interview, "Coaches need their own individual counsel because the institution’s counsel is looking after the institution’s interest. Often the interests of the coaches are not in line with interests of the institutions."

James Bickerton, Arnold’s Hono­lulu attorney, said UH had pledged to pay the coach’s fees in the NCAA case "because while employees are facing certain types of charges, the collective bargaining agreement requires the university to pay for it."

Arnold is represented by the Hawaii Government Employees Association, of which all UH head coaches are members.

Ben Jay, who was UH athletic director at the time, referred questions to the school’s Office of General Counsel.

A UH spokesman said, "The Gib Arnold matter is the subject of threatened litigation and the University will respond to his claims as part of that process."

Bickerton said UH was presented with an invoice for nearly $15,000 in the fall, and "they have completely reneged on that commitment. They just changed their minds without any explanation. From what I’ve seen, it is pretty typical of the way they operate.

"As a result, Gib is handicapped in preparing his defense because he doesn’t have the funds to pay the attorney," Bickerton said. "When you don’t pay the lawyer, it is hard to get him to do more work when there are bills that are unpaid."

Bickerton said, "Gib is having to do a lot of work himself, and he’s obviously not experienced in doing so — that’s the reason he needed more time."

UH, which reportedly had its reply ready for the NCAA, apparently does not want to tip its hand in advance of Arnold’s response.

Meanwhile, Arnold has had a $1.4 million grievance pending since February against UH for money he claims he is owed "as my termination payment," under provisions of his 2011 employment agreement.

Arnold was paid about $148,000 in January, the balance of his $344,000 annual salary. But unresolved is the claim for the $1.4 million, which equates to 31⁄2 years’ accrued salary and bonuses Arnold claims he is due under the "without cause" dismissal terms of the contract.

UH’s outside counsel, Hono­lulu attorney William McCorriston, has disputed Arnold’s contention. McCorriston said the contract also contains "permanent obligations for (Arnold) to comply with NCAA rules and protocols to make sure his (basketball) program complies with those rules and protocols. And certainly, if the allegations by the NCAA are proven, that would be a breach of contract, which would have to be considered in the parameters of what, if anything, is owed to Coach Arnold."

The process for settling that claim is said to be on UH President David Lassner’s desk. If it remains unresolved, the next step is arbitration, which could happen this summer or fall, parties involved said.

UH said McCorriston represents the school in Arnold’s $1.4 million grievance, and the Ala­bama firm Lightfoot, Franklin & White is handling NCAA issues.

UH said it was required to hire outside counsel in the grievance because its own Office of General Counsel was involved in the 2011 agreement with Arnold and could be considered a material witness in the case.

Under terms of its agreement, UH said it will pay McCorriston "up to $100,000" for his services. UH had already paid Lightfoot, Franklin & White $42,329 through January, according to information obtained by the Hono­lulu Star-Advertiser under the state’s open-records law.