UH fine upheld in slur incident

By Dayton Morinaga
Advertiser Staff Writer

The state Supreme Court yesterday affirmed a Circuit Court ruling that the University of Hawai'i must pay $30,000 to basketball fan Eric White for a racial slur by one of the UH student managers during a 1995 game.

Rob Wallace, son of UH head coach Riley Wallace, made the verbal attack during a game at the Stan Sheriff Center in response to White's repeated heckling of Riley Wallace.

Rob Wallace was dismissed from the case as an appellant in 1999.

According to his attorney, Jeff Portnoy, the focus of the appeal was on the Circuit Court's ruling that Rob Wallace was an "agent" of UH. Portnoy said the Supreme Court's affirmation of the ruling "could have far-reaching effects, both nationally and at the University of Hawai'i."

"What they've done is held the university responsible for Rob Wallace's actions," he added. "Now other cases can point to this one and perhaps hold universities responsible for the actions of other scholarship athletes or scholarship students."

Portnoy said the ruling "really puts the university in a tough situation from here on out."

Edward C. Kemper, volunteer attorney for the American Civil Liberties Union of Hawai'i Foundation, was not convinced the ruling would be as far-reaching as Portnoy implied.

"This was a very facts-intensive case," Kemper said. "This kind of case just doesn't happen that often, and I don't think it will happen very often just because of the ruling."

In a 3-2 decision, the high court held that UH is liable for Rob Wallace's actions because he was a student manager for the men's basketball team and was awarded an athletic scholarship. But the high court affirmed that Rob Wallace was not an employee of UH because student managers are not paid a salary.

The 1998 Circuit Court ruling upheld the fine issued by the Hawai'i Civil Rights Commission. The commission and its lawyer could not be reached for comment.