The University of Hawaii filed a lawsuit against Gib Arnold on Wednesday, the latest move in an acrimonious eight-month battle between the school and its former men’s basketball coach.
In a suit filed in Circuit Court, UH claims Arnold, whom it fired in October, deposited a $2,435 UH travel advance check in 2012 but failed to pay $2,132 in team hotel expenses in Las Vegas.
In addition, the suit seeks damages for Arnold’s performance while coaching and a declaration against his claim for $1.4 million in liquidated damages resulting from his termination.
The suit, filed by UH’s outside counsel, William McCorriston, seeks a jury trial. The Hawaii Government Employees Association, which represents Arnold, was also named a defendant in the suit.
Arnold’s Honolulu attorney, Jim Bickerton, said, "We’re confident that the courts are not going to entertain this lawsuit."
Arnold spent four seasons at UH before he was dismissed "without cause" Oct. 28 under provisions of his 2011 employment agreement.
Three months later, the NCAA issued a Notice of Allegations claiming seven violations of its rules by the UH men’s basketball program. The alleged violations were classified as Level I and Level II by the NCAA Enforcement Division, the most severe of four categories. Arnold was cited in all seven.
UH and Arnold are scheduled to appear before the NCAA’s Infractions Committee July 16-17 in Indianapolis.
The suit alleges "UH has been damaged" by Arnold’s acts of omission and commission regarding NCAA rules and seeks damages in "an amount to be proven at trial."
Following the NCAA’s Notice of Allegations in January, Arnold filed a grievance against the school seeking $1.4 million he claimed to be owed under terms of the contract. The parties were unable to reach a settlement in mediation and it is due to go to arbitration.
The suit contends an award for Arnold would "wrongly penalize UH by requiring it to pay Arnold twice for a job he did once."
Bickerton said, "It is obvious that the UH is not using a labor attorney. The law is really clear that any dispute about what money is due under a collective bargaining agreement has to be decided by the labor grievance process. You are not allowed to go to court. The court has no jurisdiction."
Bickerton added, "It is clear the university fears the grievance process. They know what a labor arbitrator is going to do and they are trying to avoid it."
In the suit, UH also claims Arnold furnished the school a statement in which "he certified that he paid the $2,132 (Palms Casino Resort) bill: ‘I certify that although the hotel bill is in Benjy Taylor’s name, payment of $2,123 for the hotel was made by me on (Dec. 2, 2012).’"
The suit, however, says the hotel "advised UH that it never received payment" and that the hotel "has since turned the matter over to a collection agency." The suit says, "UH has twice asked Arnold, through his counsel, for proof of payment to the Palms. Arnold has not responded."
Bickerton said, "We knew the university would try to use it as a pretext but our belief is, more likely than not, it is simply more messed up accounting by the university."
Bickerton said, "It is a silly charge designed to cast a slur on Gib and, I’m sure, that when all the information is in it will evaporate just like the rest of the suit."
McCorriston, UH’s outside counsel, said, "I know there has been a lot of public comment by Coach Arnold and his attorney and a lot of personal attacks on individuals and the University of Hawaii, including the administration, chancellor, the compliance officer and others. I don’t know if they think this model serves them well in public opinion or not. It doesn’t seem to be getting much traction."
McCorriston added, "Our preference is to bring these matters, which people can differ on, to a court of law, have a judge decide (them) in a dispassionate environment and make a decision (that) the parties live by accordingly."