Despite suspended student Richard Smith's claims that the University violated his due process rights, the University continues to assert that his $1.25 million lawsuit is unfounded.
The University filed a motion Wednesday defending their Sept. 20 motion to dismiss and/or for summary judgment.
Smith's attorneys had filed a response to that motion Oct. 14.
In the University's response, Assoc. General Counsel Richard C. Kast stated, "Nothing plaintiff has stated in response to defendants' motion to conclude this case without further investment of judicial resources detracts from the fundamental fact that plaintiff does not have a constitutional claim."
The motion to dismiss and/or for summary judgment and the two responses will be weighed at a hearing before a judge Oct. 28, Kast said.
Assoc. General Counsel Earl C. Dudley said the purpose of the response is to refute Smith's attorneys' claims in their response.
"It's quite normal" to file such a reply, Dudley said.
Kast agreed, saying the University followed a common legal procedure in filing the response.
In his lawsuit, Smith claims the University violated his due process rights during the University Judiciary Committee proceeding against him.
Smith was originally expelled from the University by the UJC Nov. 21, 1998, along with Harrison Kerr Tigrett and Bradley Kintz, for his role in the Nov. 21, 1997 attack on then-first-year College student Alexander "Sandy" Kory above the Ruffner Footbridge.
Smith appealed the decision to the Judicial Review Board. The JRB then sent the case back to the UJC for a retrial.
The UJC then sent the case to William W. Harmon, vice president for student affairs, after all possible trial chairs were deemed ineligible.
Harmon then presented the case to a fact-finding panel of faculty, administrators and one student, which presented a recommendation to University President John T. Casteen III May 17.
Despite the panel's recommendation for a one-year suspension, Casteen suspended Smith for two years in June. Casteen suspended Tigrett for one year and Kintz for one semester.
Smith's lawsuit names Casteen, University Rector John P. Ackerly III, all Board of Visitors members, Harmon and the seven members of the student panel that originally expelled Smith.
The suit does not seek damages against the students and the University has consistently stated that it will defend the student UJC members.
Smith's attorney, Francis McQ. Lawrence, declined to comment on the University's response.
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