Suspended University student Richard W. Smith's attorneys filed a response Thursday to the University's motion to dismiss Smith's $1.25 million lawsuit against the University.
The University filed its motion to dismiss and/or for summary judgment Sept. 20.
In their response, Smith's attorneys reassert their claims that the University denied Smith due process during the University Judiciary Committee proceedings against him for his part in the Nov. 21, 1997 attack on then-first-year College student Alexander "Sandy" Kory above the Ruffner Footbridge on Newcomb Road.
"Through erroneous factual assertions, misstatements of Plaintiff's claims, and misapplication of legal defenses, Defendants now seek to escape responsibility for their conduct," the response states.
Charlottesville attorney Katie McGuire said it is not unusual for a plaintiff to respond to a motion for dismissal and/or for summary judgment.
"It's pretty typical" for such a response to be filed in civil litigation, McGuire said.
She said the next step in the process would be a hearing before the judge in the case, at which time the judge will decide whether to throw the case out or to continue with a trial.
William W. Harmon, vice president for student affairs, said the University's attorneys will continue to support the UJC and the other defendants named in the lawsuit.
The defendants were "acting in an official capacity," Harmon said, and will be fully supported by the University.
The lawsuit names University President John T. Casteen III, University Rector John P. Ackerly III, the Board of Visitors and the seven student members of the UJC panel that expelled Smith Nov. 21, 1998. The suit does not seek damages from the students.
After Smith's initial expulsion, the Judicial Review Board reverted the case back to the UJC for retrial.
A second UJC trial was scheduled to be held in April, but was never held after all the Executive Committee members were deemed ineligible to chair the trial.
After hearing the recommendation of a fact-finding panel of faculty and administrators in May, Casteen suspended Smith for two years for his role in the assault. The panel had recommended that Casteen suspend Smith for only one year.
Casteen declined to comment on the response because of the pending litigation.
Smith declined to comment.
UJC Chairman Brian Hudak declined to comment on the response but said he fully supports the continuing efforts of the University's attorneys in combating the lawsuit.
"I feel that the attorneys of U.Va. are extremely skilled," Hudak said. "The University is fighting these charges because they don't feel they are accurate."
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