Former University of Hawaii coach files to dismiss lawsuit

HONOLULU (AP) — Former men’s basketball coach Gib Arnold has filed a motion to dismiss a lawsuit brought against him by his old employer, the University of Hawaii at Manoa.

The school filed suit in June claiming Arnold deceived the school into believing his team complied with NCAA regulations. The lawsuit accuses Arnold of fraud and negligence.

Arnold’s attorney, Stephen Tannenbaum said the dispute needs to be resolved through grievance and arbitration, not courts, since the coach was a union employee, KHON-TV reported (https://bit.ly/1KDywdx).

“The principal that an employer must go through the contractual and statutorily set grievance process is an important one that Coach Arnold is fighting for,” he said. “Otherwise any UH or state employee who chooses to fight for his or her rights and pursue a grievance against the university or the state can expect them to simply evade the statutorily and contractual set methods, file an expensive lawsuit, lawyer up and give that employee the runaround in court for as long as they can, and that is simply something that is unacceptable.”

The former coach has filed a grievance against the school, saying he’s entitled to $1.4 million in damages on the grounds that the university violated the terms of his contract when it fired him without cause last year.

The university’s attorney William McCorriston said the school expected this response and that they will be filing a motion asking for a summary order in the school’s favor.

“Both the filing of the motion and the public statement on Mr. Arnold’s behalf are indicative of Mr. Arnold’s ongoing inability to take responsibility for his actions, which have subjected the university, and its men’s basketball program, to potential NCAA sanctions,” he said.

The NCAA in January said the university’s basketball program violated coaching and recruiting rules.