Tulimasealii: What’s next?
Kennedy Tulimasealii’s dismissal from the Warriors does not end the story of a talented (and popular) player who made bad decisions.
“This was the first round,” said his attorney, Michael Green, who will appeal the dismissal.
To consider:
> On June 14, Tulimasealii pleaded no contest, with a motion for deferral, to six criminal charges stemming from four separate incidents over a two-month period. Three of the charges were misdemeanors and two were petty misdemeanors. It was the lone felony — property damage valued at $1,500 or more — that was the sole grounds for the dismissal. Under terms listed in the Student-Athlete Handbook, a no-contest plea to a felony results in a player’s “permanent” dismissal from a team.
> Last week, UH sent a dismissal notification — via text and mail — to Tulimasealii and Green. UH had waited 10 days from Tulimasealii’s plea in Circuit Court to vet the procedure. Also, scholarships must be renewed by Friday, the first day of UH’s fiscal year. The dismissal notification ensured that Tulimasealii’s football scholarship will end on Aug. 12, the final day of Summer Session II.
> Green said the no-contest plea was intended to lead to a deferral and not a conviction. A deferral would give Tulimasealii an opportunity to avoid conviction and have the charges expunged from his criminal record if he stays out of trouble for a specific period of time. Green said the Handbook’s dismissal section was listed under the bold-type heading “Felony Conviction.” Green is arguing a deferral is “not a conviction.”
> Green said he will appeal to a UH vice chancellor this week.
> Circuit Court Judge Christine Kuriyama will rule on the deferral request at a sentencing hearing on July 11. The initial hearing was scheduled for Aug. 24. Green is hopeful the judge will allow the six charges to be consolidated from two cases to one. A defendant is eligible for only one deferral in a lifetime. Green said the prosecutor is not opposed to consolidating the cases.
> If the appeal is denied, Green said, an option would be to seek injunctive relief to enable Tulimasealii to continue attending school with financial aid.
Not the football news I was hoping for.
Hopefully, everything will work out for KT
By the way, Aloha everyone,beautiful summer day
Playing football for the University of Hawaii is a privilege. UH is sending the right message.
If in fact Green is right that a deferral in the court of law is not a conviction then he(Tulimasealii) does stand a chance to get his dismissal reversed. Just as most are saying that they(UH) are doing the right thing by following the rules, then in fact if it is not a conviction then UH should follow their own rules and re-instate him.
I feel compelled to re-post Arcumfortis’ post from yesterday on this matter, because to my way of thinking, I think AF sAId it best. Mahalo Arcumfortis for stating so eloquently what I am sure many are thinking.
“Arcumfortis June 27, 2016 at 3:54 pm
I have very mixed feelings about Kennedy being dismissed from the team. Not knowing the backstory or developments since the allegations were made it’s hard to come down firmly on a position. But my preference would be that the team does not abandon the player unless absolutely necessary. I would much prefer to see a way of remediation developed for Kennedy. There is nothing good about what he did. But this move seems a little too rigid and dogmatic for my liking. I would prefer that he be given an opportunity to reestablish his status as a player in good standing. Even if this meant sitting out a year to demonstrate an enduring pattern of behavior that was consistent with the expectations of a student athlete at the University of Hawaii. But again I don’t know the backstory and probably never will. For now I just feel bad for the young man and wish him well. I hope he learns from this and points his life in a productive direction.”
Best wishes to KT and his lawyers. If we want to see a Warrior on fire on the playing field, let’s stand behind KT and pray for his return.. If you place superior steel into the forges of fire, you will create a superior sword. I don’t think you can play as KT did without being made of the finest steel.
GO WARRIORS!!!
To be sure, KT should do everything in his power to make things pono with his ex-girlfriend and her family. We can’t forget them in this story. Our aloha to them as well.
Good Morning Tsaikos…
Wow, it’s been a long time.
Sad situation but we must do what is best for the people involved. I think, as DPK pointed out, Arctumfortis is on the right track. And I’m not saying what KT did was right…or that what UH did was wrong. 🙂
KT is at a tough crossroads, at a young age. However, for many, it is a well travelsed road, that has a successful roadmap: take a quiet and appreciable reflection, make appropriate amends, surround yourself with love ones, and where there is a dictate, correct your actions. We all have been there, this is not just youth, this is the opportunity of life and growth.
Speaking of institutions and individuals doing better and requiring excellence, the passing of Pat Summitt is not only a mantle of national championships and changing the women’s game, it is of the upper margin of academic excellence–in 38 years, 38, she graduated EVERY single player who ever wore her jersey. Holomua to the other side PS-RIP.
Caught Mike Green on the BC show this morning. He said it’s only the 3rd round in a 12 round fight. He seemed to imply but didn’t say that KT’s playing days at UH ain’t necessary over.
The concern should be for the young woman and her family involved in this incident.
This is not the resolution a lot of people wanted, but it seems like we finally have an athletic director who is truly in charge.
I, too, am absolutely taken aback by Pat Summit’s passing.
Since Hawaii helped co-author Title IX, I think it’s an odd editorial choice not to publish the women’s basketball and softball poll on a weekly basis.
Did you know that one of the MSNBC pundits gave presumptive Democratic presidential nominee Hilary Clinton credit for Title IX?
Oh! Still get chance! Side Shaka to Dat!!!
I too would like to KT EARN his way back on to the team. However, the language seem to be indisputable. As I understand it, any conviction, plea deals or no contest entry to a felony charge is cause for permanent dismissal. It makes no distinction if the deed was hurtful or otherwise. Criminal property damage over a certain $ amount is considered a felony. Might have been through frustration but this is something that cannot be considered.
Sad that the code of conduct does not offer remedy for “borderline” situations. KT has accepted responsibility and this, imho, is what we try to teach our kids/students.
What I’d like to see is some way he could reapply to join the team next year. As it stands, there’s no chance he can ever return. Reinstatement doesn’t have to be granted but there still should be a possibility
What’s with the quotes in “permanent”?
With the latest addition at QB, there’s a traffic jam that was unexpected. The competition at QB and the integration of some new D-linemen, plus the return of Ka’au Gifford, Kory Rasmussen and Jerrold Garcia-Williams, makes for an interesting summer camp.
The judge can help KT by granting his request for a deferral. She can also add some conditions such as counseling and community service. She can also add continuing his education at UH if he can obtain needed financial aid or obtain a renewal of his scholarship. It will not be a binding order, but in dictum, the judge can ask UH to consider restoring his scholarship as a way to help KT work on turning his life around and maybe earn his way back on the team. Go Counsler– Green– get this at least.
Me see here the main point is…..he wants back on the team….the easy way out would be….go to a FCS school….he is a warrior n shows his green n white colors…
Let the courts n admin up there work it out on the courts….and he does also personally with coaches n players… n hope he can continue his studies n be a active warrior once again….the bell will ring 4 round 4 on july 11….most are anxious to await the outcome…
Two things:
1.) Does Coach Rolo want Kennedy back?
2.) According to the university “if convicted by no contest you may be dismissed from the athletic program?” Why some players and not others? Who is “playing God” with a students education? What no second chance? I understand he made some mistakes, but he deserves a second chance, there was no violent crime against another person, yes they say he was assaultingredients his girlfriend, or was he defending himself? None of us know for sure. I would like him to have a second chance. Before his life is really starting too go south.
#15…ST, I truly hope that this might be a possibility. Whether KT will be willing to stick it out for another year and see what happens. If the administrators can lay out a plan for rejoining the team, it might give KT some incentive.
At the same time, I’m not sure what “permanent dismissal” mean to the administration. I guess this is where Green comes in. He may have to define some of codes for them….LOL!
Oops spoke to early…is back again….H-Mail: News & Discounts….
“Green said the Handbook’s dismissal section was listed under the bold-type heading “Felony Conviction.” Green is arguing a deferral is “not a conviction.”
Does Counselor Green does have a valid argument, that a deferral is not a conviction, if Judge Kuriyama rules in favor of a deferral?
To me green wins hands down…if she grant a deferral for one year….then 6 months goes by with no incident… but the 7th month he punches sum one out…
now he is convicted… again…or convicted for first time ?? so conviction can’t be deferral now can it???…round 4 to the defendant..
If this was about a 4th team player it wouldn’t even be discussed.
Unfortunately for KT, this is from the handbook. I don’t know how Mr. Green will get around this.
“By choosing to participate on a UHM athletics program, you voluntarily agree to comply with the SA Code of Conduct as well as with all of the policies and standards of conduct explained in this SA HB. Being a SA is a privilege, not a right. This privilege can be suspended if you do not honor the spirit of your commitment to your team and to the University.”
symantics will rule the day – how U lik my spelling?
“privilege can be suspended” is a whole lot different from “will be suspended” — maybe citing/printing the entire context of selected paragraphs will help us to better understand what is written in the student “code of conduct”
if the “can be” is true, then someone made a deliberate decision to dump KT — perhaps as an example — the logic may be correct, but how it affects an individual should solicit a more comprehensive thought process
then, it leads me to the question of how many UHM students have been expelled over the past 3 years for violating the student code of condut and what were the circumstances/justification for their dismissal? how does this differ when a student athlete is involved? code will be scrutinzed and someone can say it’s presdicial to athletes and therefore should be invalid
damn English language ran and still does run rings around me
#7 DPK … well said … I also hope … A) KT stays in school and gets his degree … B) stays out of trouble … C) Should he get reinstated he’ll need to really behave himself
Mr. A-House, the first sentence is the key, athletes agree to comply with the code of conduct, like if I buy insurance from you I voluntarily agree to your terms. This is a paragraph a few pages later:
“Felony Conviction. Any SA convicted of or pleading guilty or no contest to a felony charge shall be permanently dismissed from the team. The SA shall retain her/his grant-in-aid for the balance of the academic year. The Athletics Director will notify the Financial Aid Office that the grant-in-aid shall not be renewed for any successive academic years. The SA may appeal this decision pursuant to the appeals procedure stated above.”
Here is it for bedtime reading.
http://hawaiiathletics.com.s3.amazonaws.com/documents/2008/7/1/sa-07-08.pdf?tab=student-athletehandbook
UH Athletics Department Statement:
Defensive lineman Kennedy Tulimasealii has been dismissed from the University of Hawai?i football team for violating the UH student-athlete conduct code. The code states that “any student-athlete convicted of or pleading guilty or no contest to a felony charge shall be permanently dismissed from the team.” In regards to his scholarship, the code states “the grant-in-aid shall not be renewed for any successive academic years.” An appeal process is available.
D Matlin DID HIS JOB
Green said the no-contest plea was intended to lead to a deferral and not a conviction. A deferral would give Tulimasealii an opportunity to avoid conviction and have the charges expunged from his criminal record if he stays out of trouble for a specific period of time. Green said the Handbook’s dismissal section was listed under the bold-type heading “Felony Conviction.” Green is arguing a deferral is “not a conviction.”
> Green said he will appeal to a UH vice chancellor this week.
M Green DID HIS JOB
To me green wins hands down…if she grant a deferral for one year….then 6 months goes by with no incident… but the 7th month he punches sum one out…
now he is convicted… again…or convicted for first time ?? so conviction can’t be deferral now can it???…round 4 to the defendant..
st. anthony trojan-AGREE
BEHIND THE SCENE, IT’S BEING ORCHESTRATED-God is in control
Time to move on. The team is about the other 104 players that will don the Warrior uniform.
nice to see yo back fear…tc… god bless
KT should start looking at other schools. I would surprised some other FBS programs didn’t show an interest and give him a second chance.
New post: http://hawaiiwarriorworld.com/?p=37935