THATS THE PROBLEM.
If he felt he didn't have a hole, but manuvered before he knew whether he had a hole, then he was negligent.
If a ship goes aground, the FIRST priority is to determine the extent of damage. If there is water coming into the vessel, the next priority is to close watertight doors. If the vessel can remain afloat, there is no "disaster." Advise passengers and do an orderly evacuation. If the ship does not take on additional water, and thus list even more, the evacuation will be that much easier and lifeboats/rafts/cannisters on both sides of the vessel can be utilized.
Trying to get off the rock is not always "what he should have tried to do." If you hit a reef or go aground here, you must stop before you do additional damage. That's the Coast Guard reg. You can be fined far more if you do additional damage to the bottom, than you would have for the original grounding.
I work in the Cruise industry, and in talking to the folks in technical operations, a puncture spanning 1-3 compartments should not result in the vessel sinking in sheltered water, if the watertight doors are closed.
However, if the original damage extended into the passenger compartments as had been implied in some reports, the watertight doors may not have prevented the sinking, as passenger areas are not generally sealed off by watertight compartments.