Smith v. Rector and Visitors of Univ. Of Virginia

• Decision Date: 03 October 2000
• Docket Number: Civil Action No. 3:99CV00064.
• Citation: 115 F.Supp.2d 680
• Parties: Richard W. SMITH, Plaintiff, v. The RECTOR AND VISITORS OF THE UNIVERSITY OF VIRGINIA, et al., Defendants.
• Court: U.S. District Court — Western District of Virginia

115 F.Supp.2d 680

Richard W. SMITH, Plaintiff, v. The RECTOR AND VISITORS OF THE UNIVERSITY OF VIRGINIA, et al., Defendants.

Civil Action No. 3:99CV00064.

United States District Court, W.D. Virginia, Charlottesville Division.

October 3, 2000.

COPYRIGHT MATERIAL OMITTED

Dane H. Butswinkas, Heidi K. Hubbard, Paul T. Hourihan, Williams & Connolly, Washington, DC, Francis McQuaid Lawrence, Rhonda Quagliana, Charlottesville, VA, for Plaintiff.

Richard C. Kast, Earl C. Dudley, Jr., Susan M. Davis, Associate General Counsel and Special Asst. Atty. Gen., University of Virginia Office of General Counsel, Charlottesville, VA, for Defendants.

MEMORANDUM OPINION

MOON, District Judge.

Plaintiff Richard Smith, a student at the University of Virginia ("University"), brought this action against the Rector and Visitors of the University of Virginia, University President John T. Casteen, III, University Vice-President William W. Harmon, individual members of the University's Board of Visitors ("BOV"),¹ and individual members of the University's Judiciary Committee ("UJC"),² alleging violations of his due process rights under 42 U.S.C. § 1983. On December 22, 1999, this Court ruled on defendants' motion to dismiss and/or for summary judgment by granting summary judgment on Counts Three, Four and Seven in their entirety, and granting summary judgment on Count Five to the extent that Count purported to state a claim concerning the events surrounding the May 1999 hearing panel. See Smith v. The Rector and Visitors of the Univ. of Va., 78 F.Supp.2d 533 (W.D.Va. 1999).

Pursuant to this Court's December 22, 1999 ruling, the only claims remaining before this Court are plaintiffs allegations that he was: (1) denied due process by the members of the November UJC hearing panel and Harmon by their actions leading up to and culminating in the November hearing (Count One); (2) denied due process by Casteen, Harmon, and members of the BOV by their failure to instruct, train, supervise, and control the November UJC hearing panel in the performance of their duties (Count Two); (3) denied due process by Casteen and individual members of the BOV by their failure to instruct, train, supervise, and control Harmon (Count Five); and (4) damaged by individual members of the UJC hearing panel who conspired to deprive him of his civil rights (Count Six).

Defendants have now filed a supplemental motion for summary judgment in accordance with Rule 56 of the Federal Rules of Civil Procedure. For the reasons set forth below, Defendants' motion will be granted in part and denied in part.

I. FACTS

This Court's earlier Opinion summarized the essential factual background of plaintiffs claims in detail. See id. at 534-536. In light of its earlier ruling, the Court now focuses its attention solely upon the facts surrounding the November 21, 1998 UJC hearing panel.

In the early morning hours of November 21, 1997, Second-Year University student Richard Smith went for a drive with four of his fraternity brothers. Alexander Kory, another University student who was on foot, encountered Smith and his friends and had what can euphemistically be described as "verbal interactions" with one or more of the car's occupants. Unfortunately, events escalated to the point where Bradley Kintz and Harrison Kerr Tigrett (two of Smith's friends) exited the car to confront Kory. Smith then exited the car and attempted to calm the situation by telling Kory to go home and Kintz and Tigrett to go back to the car. Kory then directed some profanity toward Smith and, in a burst of anger, Smith punched Kory in the face, causing him severe injuries to the face, jaw, and teeth.

Smith pled guilty to a misdemeanor charge of assault and battery, served 21 days in jail, participated in 400 hours of community service, and attended anger management counseling. Smith also paid all of Kory's medical expenses related to the assault.

Kory initiated student disciplinary charges against Smith, Kintz, Tigrett and a fourth participant pursuant to the procedures of the UJC. The UJC is a student-run disciplinary body charged with handling complaints about student violations of the University's Standards of Conduct. Because the fourth student was scheduled to graduate the following May, Vice President for Student Affairs, William Harmon, determined that he would not be subjected to a UJC trial and instead reprimanded him and required him to attend counseling.

A UJC hearing for Smith, Kintz and Tigrett was initially scheduled for February, 1998, but was postponed until after the disposition of criminal charges pending against them and was rescheduled for November 21, 1998. The day before the rescheduled hearing was to take place, Smith and his father met with Harmon to request its postponement. While there is a dispute as to what happened next, Smith alleges that Harmon agreed to postpone the hearing. Smith then asked his student defense representative to contact the UJC chairperson to inform her that the trial was postponed and left Charlottesville to return home to Memphis, Tennessee to watch his younger brother play in a football game.

Meanwhile, the UJC held its hearing on November 21 despite the absence of Smith, Kintz, and Tigrett, and the protests of Smith's representative. The UJC found the three guilty and ordered their expulsion from the University. On review, Harmon referred the UJC panel's decision to the University's Judicial Review Board ("JRB"), which is charged with hearing certain appeals of UJC decisions. Smith also directly appealed the decision to the JRB shortly thereafter. On February 11, 1999, the JRB set aside the UJC panel's decision and remanded the matter for a new hearing. Pursuant to the remand, the UJC named a new hearing panel and scheduled a new hearing for April 17, 1999. However, that hearing was canceled when the UJC chairperson recused herself. Subsequently, the UJC determined that it was unable to hear the case in a timely manner and referred it to Harmon, who then appointed a hearing panel consisting of student, faculty and administration representatives to hear the case. This panel convened a hearing on May 17, 1999, at which Smith appeared, witnesses were called, evidence was presented, and factual findings were made. The panel then recommended that Smith be suspended for two consecutive semesters that could include a summer session and perform probono community service.

The panel forwarded its recommendations to President Casteen. Casteen reviewed the panel's report and recommendations as well as the entire transcript of the hearing testimony and affirmed the findings of guilt reached by the panel. However, he modified Smith's recommended sanctions by imposing a suspension for two full academic years plus community service and participation in an anger and alcohol abuse program. Casteen similarly increased the sanction imposed on Tigrett to suspension for one full academic year. Moreover, Casteen deferred final judgment on the issue pending an appeal of his decision to the JRB, but noted that he had "ultimate and non-delegable statutory responsibility" over the case that he did not wish to waive. The JRB denied Smith's appeal on June 22, 1999.

II. SUMMARY JUDGMENT STANDARD

Summary judgment should only be granted if, viewing the record as a whole in the light most favorable to the non-moving party, no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law. Fed. R.Civ.P. 56(c); see also Celotex Corp. v. Catrett, 477 U.S. 317, 322-24, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986); Terry's Floor Fashions, Inc. v. Burlington Industries, Inc., 763 F.2d 604, 610 (4th Cir.1985). In considering a motion for summary judgment, "the court is required to view the facts and draw reasonable inferences in a light most favorable to the non-moving party." Shaw v. Stroud, 13 F.3d 791, 798 (4th Cir.1994) (citations omitted), cert. denied, 513 U.S. 813, 115 S.Ct. 67, 130 L.Ed.2d 24 (1994).

III. ANALYSIS

1. Count One — Whether the UJC or Harmon denied Plaintiff of Due Process

In the context of student discipline, the due process clause requires "notice and an opportunity to be heard." See Dixon v. Alabama State Bd. of Educ., 294 F.2d 150 (5th Cir.1961); Gorman v. University of Rhode Island, 837 F.2d 7, 12 (1st Cir.1988); Carey v. Maine Sch. Admin. Dist. No. 17, 754 F.Supp. 906, 918 (D.Me. 1990); Reilly v. Daly, 666 N.E.2d 439, 444 (Ind.Ct.App.1996). It is no longer open to question that any expulsion from a state university or college must comport with the Due Process Clause of the Fourteenth Amendment. See Goss v. Lopez, 419 U.S. 565, 576, n. 8, 95 S.Ct. 729, 42 L.Ed.2d 725 (1975); Wood v. Strickland, 420 U.S. 308, 95 S.Ct. 992, 43 L.Ed.2d 214 (1975).

In analyzing a due process claim, a court must first ask whether the asserted individual interests are encompassed within the Fourteenth Amendment's protection of "life, liberty or property." See Ingraham v. Wright, 430 U.S. 651, 672, 97 S.Ct. 1401, 51 L.Ed.2d 711 (1977); Board of Regents v. Roth, 408 U.S. 564, 569-572, 92 S.Ct. 2701, 33 L.Ed.2d 548 (1972). If so, the court must then determine what process is due. See id.

Here, the Court will assume that Smith had a protected property interest in his continued enrollment at the University. See Henson v. Honor Committee of the Univ. of Va., 719 F.2d 69, 73 (4th Cir. 1983); Cobb v. The Rector and Visitors of the Univ. of Va., 69 F.Supp.2d 815, 826 (W.D.Va.1999); Lewin v. Medical College of Hampton Roads, 910 F.Supp. 1161, 1164 (E.D.Va.1996), aff'd, 120 F.3d 261 (4th Cir. 1997). It is also assumed that plaintiff possessed a liberty interest in his reputation. See Goss, 419 U.S. at 576, 95 S.Ct. 729.

Defendants contend that plaintiff was never denied of any property or liberty interest because he never believed he was actually expelled from the University. They first note that UJC procedures provide that all expulsion decisions are...