A non-Hawaiian student denied admission to Kamehameha Schools settled a four-year-old lawsuit with Kamehameha's trustees and agreed to dismiss the federal civil rights lawsuit, which had been appealed to the U.S. Supreme Court.

The student known as "John Doe" claimed that the 120-year-old Kamehameha Schools violated civil rights law by effectively excluding applicants who have no Hawaiian blood.

The case along with others had been awaiting Supreme Court action, but a recent update of court's electronic docket noted the Kamehameha case had been dismissed by agreement of the parties.

Kamehameha officials said in a statement this morning that the terms of the settlement will not be disclosed.

The settlement leaves in doubt whether the highest court in the country would have agreed with the school's policy of giving preference to Hawaiian students.

The pro-Hawaiian policy could be tested again but it would take years for another case to reach the U.S. Supreme Court with no guarantee the high court would hear it.

To hear a case, at least four of the nine Supreme Court justice must vote to give it a hearing.

Without a ruling from the U.S. Supreme Court, an 8-7 decision last year by the U. S. 9th Circuit Court of Appeals in favor of the pro-Hawaiian policy will stand.

The appeals court held the policy did not violate federal civil rights law.

Lawyers for the non-Hawaiian student wanted the U. S. Supreme Court to overturn that appeals court ruling, but the settlement ends the case.

J. Douglas Ing, chairman of Kamehameha's board of trustees, said in the statement that "This settlement protects our right to offer admissions preference to Native Hawaiians. The Circuit Court ruling stands — our legal right to offer preference to Hawaiian applicants is preserved. Our work to fulfill our mission and Pauahi's vision, on our campuses and in our communities, can proceed without distraction.

"The settlement also preserves Judge William Fletcher's concurring opinion that Native Hawaiians have political status as an Indigenous people," Ing said. "Preserving this opinion is important, because it recognizes the federal government's obligation to the native people of Hawai'i and provides judicial support for programs that serve to promote and improve the well-being of the Hawaiian people."

Eric Grant, the California attorney for John Doe, said this morning in an e-mail that "the petition for certiorari has been dismissed pursuant to a stipulation of the parties. This stipulated dismissal was part of a complete settlement of the case, the terms of which are confidential. ...I expect to make a public statement on behalf of John Doe at a later time."

Trustees were spread out across Hawai'i this morning talking to students, faculty and staff on Kamehameha's campuses on the Big Island, Maui and O'ahu, said Kamehameha spokeswoman Ann Botticelli.

Kamehameha operates a statewide educational system enrolling more than 6,700 students of Hawaiian ancestry at K-12 campuses on O'ahu, Maui and the Big Island and 30 preschool sites statewide, Kamehameha said. Tuition at the school is heavily subsidized, making it a fraction of the cost of other private schools that offer similar programs.

Kamehameha has enrolled a handful of non-Native Hawaiian students in the past 70 years.

The schools admit qualified Hawaiian students, with non-Hawaiians getting in only if there are openings available. But only one in eight eligible Hawaiian applicants is admitted, effectively excluding non-Hawaiians.

A sharply divided 9th U.S. Circuit Court of Appeals upheld the admissions policy.

John Doe sued Kamehameha in June 2003. He has since graduated from high school and is currently attending college, according to his attorney, Eric Grant.

Kamehameha was established under the 1883 will of Hawaiian Princess Bernice Pauahi Bishop as part of a trust now worth about $6.8 billion.

Advertiser staff writers David Dondoneau, Dan Nakaso and Dennis Camire contributed to this report.