The University won another court battle Monday with the dismissal of a $10.5 million lawsuit brought forth by Ayola Greene against the Honor Committee.
Judge Norman K. Moon of the United States District Court in Charlottesville granted the University's motion to dismiss the case, because her claims against the University are barred by the statute of limitations.
Ayola Greene, a University graduate, brought suit against the University Jan. 13, 2000, following the revocation of her University degree.
According to court documents, she was seeking the restoration of her degree, damages and attorney fees for alleged racial discrimination and deprivations of due process that led to the revocation of her degree.
In his decision, Judge Moon cited that Congress never has set a statute of limitations on claims such as the one brought forth by Greene, and therefore a court must follow state statutes of limitations. In the Commonwealth there is a two-year statute of limitations on damages for personal injuries. Because Greene waited until almost five years after receiving notification of her degree revocation to file suit, the statute of limitations on her case had run out.
Though Greene claimed that the statute of limitations begins only after the last act of the defendant, which she contends occurred on April, 29, 1999, the court found the date of her notification to be the last act of the defendant.
Greene asserted that she had kept in contact with the University's Office of General Counsel, culminating with an April 29 letter explaining the University's position, and therefore her statute of limitations did not begin until then.
Judge Moon cited Sosbe v. Delco Elecs. Div. Of General Motors Corp., which sets the precedent that informal conversations between a plaintiff and another party do not extend the statute of limitations.
Committee Chairman Thomas Hall said the Committee "was glad to see this case dismissed."
"We think the type of issues brought up by the plaintiff have been resolved," Hall said. The Committee's process of notification is "impeccable" and there is no racial bias within the system, he said.
Greene graduated from the University in May 1992. The Honor Committee began an investigation into Greene's alleged writing of bad checks on Sept. 8, 1992, and soon after she was brought up on honor charges. In the spring of 1993 an honor trial was conducted, and Greene was convicted of writing bad checks. After Greene was found guilty, the Committee asked the General Faculty to revoke her degree.
The General Faculty voted unanimously on May 19, 1995, to revoke Greene's degree. She was notified on June 5, 1995, that her degree had been revoked.
University spokeswoman Louise Dudley said the University was pleased that the court accepted the University's position. But she pointed out that the decision did not address Greene's claims of discrimination or due process and instead ruled that the statute had run out.
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