The University concluded its defense yesterday against former student Richard W. Smith's $1.25 million lawsuit. Closing arguments and a verdict are expected today.
The University's attorneys called 11 witnesses, including several former students, to refute Smith's claim that his due process rights were violated by the University Judiciary Committee and William W. Harmon, vice president for student affairs.
University counsel questioned former UJC members about events prior to Smith's expulsion for his role in the Nov. 1997 attack of former student Alexander "Sandy" Kory.
Smith claims the UJC is not properly trained or supervised, and his UJC hearing was unfair because he was not there to defend himself.
The University's direct examination of witnesses attempted to show Smith was not duped by the UJC or Harmon into missing his UJC hearing and it was his own fault he was not there.
Former UJC investigator Dustin Burke, who gathered the facts from both sides of the case, said although Smith was cooperative at first, he began to ignore phone calls a few days before his trial.
The University then called 1998 graduate Jason Greene, a former UJC senior investigator, who testified that he sent Smith a letter from the UJC on Feb. 9, 1998.
The letter informed Smith that his UJC hearing would be postponed until after criminal proceedings, but not after civil litigation.
Smith claims he did not receive the letter, and only received a January 1998 letter saying the UJC would wait until both his criminal and any possible civil cases were over before holding a disciplinary hearing on the case.
Smith and Harmon both testified they were not aware of the Feb. 9, 1998 letter, and part of their reasoning for requesting postponement was the January letter.
The Feb. 9 letter was sent to the Delta Kappa Epsilon fraternity house, but Smith had moved out when it got there.
According to former Registrar Ann Antrobus's testimony, Smith did not inform the University of his move.
Lawyers also called former UJC member Steven Saunders - one of those who voted to expel Smith - to testify against Smith's claim that he was inadequately trained to try the case.
"I got bored on a plane and read the entire UJC handbook before the first training session," he said.
Saunders also recounted the UJC hearing, when the judges decided to proceed with the hearing in Smith's absence.
He said he did not think Smith received a fair trial because he was not present to cross-examine witnesses and testify, but added that it was Smith's own fault for failing to attend the proceedings.
Harmon had met with Smith, Smith's father, and the other accused students, Bradley Kintz and Harrison Kerr Tigrett, and their assigned UJC counsel, Corrie Hall, the day before the trial to discuss postponement.
A deposition from former UJC Chairwoman Amanda Morrow stated that Harmon sent her an e-mail the day before the trial. In it, Harmon asked if the hearing could be postponed, but after a UJC Executive Committee vote, Morrow decided to go ahead with the hearing.
She said Harmon did not have the authority to order the hearing's postponement and the UJC was under no obligation to honor his request.
Morrow said she called Hall to tell her the hearing would go on as scheduled. However, according to both Smith and his father's testimony, Hall never told them the trial was still the next day.
But Hall testified she told Smith and his father that the request for postponement had been denied and the trial would procced.
Read More
Students have federal internship offers rescinded due to hiring freeze
By Nina Broderick | 23 hours agoUntil July 15, no presently vacant federal civilian positions may be filled, and no new positions may be created.
Man dies from self-inflicted gunshot wounds at the Rotunda
By Ford McCracken | YesterdayThe investigation is ongoing, and additional details are not available at this time.
Virginia primary elections feature contested race for Democratic Lt. Gov. candidate
By Nicolas Biernacki | YesterdayEligible voters can find more information about early voting by consulting the City Department of Voter Registration & Elections website or the County Department of Elections website.
