The controversy surrounding two of the honor cases initiated by Physics Prof. Lou Bloomfield last spring ended Wednesday, Oct. 16. when U.S. District Judge Norman K. Moon dismissed two former students' claims that they were denied their rights of due process.
One of the students graduated before Bloomfield brought the charges and the other transferred to another university.
The former students also were "contesting whether or not the Honor Committee had jurisdiction over their cases," Committee Chairman Christopher Smith said.
Filing suit under the names John and Jane Doe to preserve anonymity, the students cited two causes of action, "one federal claim for denial of due process and failure to supervise, and a state law claim involving breach of contract," according to the district court decision.
Moon dismissed the federal law claim with prejudice, meaning that the petitioners cannot bring the case into court again. Moon dismissed the state law claim without prejudice, meaning the students are able to bring their state claim into court again.
"I think that this opinion once again affirmed that the Honor Committee has fair procedures and provides ample due rights to all students," Smith said. "The Committee has been the subject of much litigation, and with this ruling we have still never lost a case."
Both Does sought a court order mandating the University not to assert jurisdiction over them, and to withhold the phrase "Enrollment Discontinued" from their transcripts, which appears when students are dismissed after being found guilty of an honor offense.
The court opinion found that the Does failed to prove the University denied them due process. Petitioners must prove that the University departed from stated procedures.
In order to be convicted of honor offenses, the person whose conduct is in question must have been a student at the time of the alleged incident. Additionally, the initiation must occur within two years of the alleged incident, Smith said.
John and Jane Doe both were students when the alleged incident occurred. Moon's decision asserted that the fact that John Doe had graduated and Jane Doe had transferred before they were formally accused did not affect the court's decision.
University spokeswoman Louise Dudley said the University agreed with Moon's decision.
"The University is pleased with the result," Dudley said. "I think the court opinion speaks for itself."
Neither of the Does nor their legal counsel, Ed Lowry, could be reached for comment.
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