The University now faces a third lawsuit resulting from the decision to suspend three students who were involved in the Nov. 21, 1997 assault of then-first-year student Alexander "Sandy" Kory above the Ruffner Footbridge on Newcomb Road.
University student Bradley Kintz, who was suspended for one semester and has since re-enrolled, filed a $1.25 million lawsuit Thursday in the U.S. Federal District Court for alleged violations of his constitutional rights.
Kintz could not be reached for comment. He was suspended for one semester and has re-enrolled at the University.
The suit names over 30 defendants, including University President John T. Casteen III, William W. Harmon, vice president for student affairs, all members of the Board of Visitors that were in office at the time of the suspension and the seven members of the University Judiciary Committee involved in the case.
Suits brought against the University by two other students involved in the assault, Richard Smith and Harrison Tigrett, are still pending.
Smith, Tigrett and Kintz were expelled in their original Committee trial, held Nov. 21, 1998.
Kintz, a second-year student at the time of the assault, alleges that Harmon told him the hearing was postponed. The trial took place despite his absence and Kintz was found guilty.
The Committee panel voted to expel Kintz, Tigrett and Smith. All three then decided to appeal the decision and the Judicial Review Board granted them a new trial. The retrial, scheduled for April 17, 1999, did not take place after the retrial chairwoman and three student prosecutors stepped down. Casteen then appointed a panel to review the case in May 1999. He overruled the panel's recommendations to suspend Tigrett and Kintz for one semester and Smith, as the primary aggressor, for two semesters with the summer session counting as one semester. Casteen decided to strengthen the penalty and suspended Kintz for one semester, Tigrett for one year and Smith for two years. That sanction was appealed to the JRB and upheld.
University spokeswoman Louise Dudley said as of yesterday the University had not been served with the suit and she could not comment on a pending case.
When litigation does begin on this case, the University officials named in the suit, as well as the seven students, will be represented by the General Counsel's Office, which has represented the defendants in the Tigrett and Smith cases.
Current Committee Chairwoman Lissa Percopo said the University's policy of defending the Committee members involved in the trial is a symbol of the faith the University has in the Committee. The University also protects students on the Committee from liability.
University General Counsel Paul Forch declined to comment.
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