It could be four months to a year — or more — before there is a resolution in the increasingly heated battle between the University of Hawaii and its former men’s basketball coach, Gib Arnold, attorneys say.
Their dispute, already eight months along since the Oct. 28 firing of Arnold, was further stoked Wednesday when UH filed a lawsuit in Circuit Court. In it, UH seeks, among other things, a declaration against Arnold’s grievance claim for $1.4 million in liquidated damages arising from his dismissal without cause.
If granted, it could sideline pending arbitration on the issue. No arbitrator has been assigned or date set, attorneys said.
In the lawsuit against Arnold, UH also claims the fired coach has not paid the Palms Casino Resort in Las Vegas $2,132 for a 2012 team road trip. Arnold deposited a check for $2,435 in advance expenses for the trip, UH said.
Arnold issued a statement in his defense late Wednesday night.
"I find the UH lawsuit to be ridiculous and pathetic. The hotel bill was from 3 years ago and not even in my name nor did I set up the reservation. I only was asked to leave my credit card. My exit checklist after being terminated without cause included a section on being clear of any outstanding bills. Human Resource did not bring up any issues at that time and cleared me. I have never personally been contacted by the UH about this. The only contact came years later from their attorney who they are paying tens and (sic) thousands of dollars to chase down a two thousand dollar billing error by the Palms. It just doesn’t make sense. If I or one of my assistants owe it we will be happy to pay it, in fact UH can deduct it from the 1.4 million they owe me."
Separately from the lawsuit and the $1.4 million grievance, UH and Arnold are scheduled to appear before the NCAA’s Committee on Infractions July 16-17 in Indianapolis to answer charges arising from a 15-month investigation into Arnold’s time (2010-2014) overseeing the UH program.
Seven violations, all of them in either Level I or Level II, the most severe of four categories, were leveled against the Rainbow Warriors in January. Arnold is cited in all seven. UH has already imposed several sanctions on itself to address the matter, including one year of probation and a reduction in scholarships for new coach Eran Ganot to use over the next two seasons.
Meanwhile, "The big question is whether arbitration is allowed to go first, before the court makes whatever interpretations we’re asking it to make," said William McCorriston, UH’s outside counsel in the matter.
McCorriston said he expects Arnold’s attorney, James Bickerton, to seek dismissal of the suit claiming labor law preempts the lawsuit. "If he’s successful on that, arbitration will go forward," McCorriston said. "If he’s not successful on that, as we think he won’t be, then the lawsuit will take precedence."
Bickerton said, "(If) the lawsuit doesn’t stop the arbitration, UH would have to go and ask the court to stop a labor arbitration and that would be unprecedented."
He said, "We saw that just last week with the Hawaii State Teachers Association (when) people went to court and asked if they could block the HSTA from declaring the election void and the court said, ‘no…’ "
The NCAA has cleared the way for Bickerton to interview UH compliance director Amanda Paterson, who was previously not made available, according to a source.
Bickerton added, "Our main focus right now is on the arbitration (and) so long as nothing is stopping the arbitration, we’re going to definitely proceed with that.
"I think the university knows that Gib is unemployed (and) I think that their strategy is that the longer that they can delay and drag it out, the more pressure it will put on him to settle the case and not get his full compensation. The lawsuit is part of that strategy."
He added, "It looks like they have gone into the four corners offense and playing a zone defense as well. I think they are trying to make it a low-scoring game."
