The United States District Court for the Western District of Virginia dismissed claims made by the parents of Jonathan Cobb, a former University student, in their $1.05 million suit against the Honor Committee.
Jonathan Cobb, along with his parents Darryl and Annette Cobb, brought suit against the University following his dismissal in the fall semester of 1997, alleging denial of equal protection under the law, denial of procedural due process and defamation.
The Court dismissed each of Cobb's claims and ruled that Cobb's parents could not file suit because Cobb is a legal adult. Cobb was found guilty by a student jury Dec. 6, 1997, for cheating on an ECON 371 examination given March 5, 1997. Following the honor trial, Cobb requested and received an appeal hearing Feb. 18, 1998. The hearing upheld the earlier guilty verdict. His parents then brought suit against the University. His complaint consisted of eight claims against the University.
On July 7, 1999, the District Court granted the University's motion to dismiss all but three of the claims - the same claims that went before Judge Norman K. Moon Friday. The court also granted a motion for a summary judgment on all other claims in the case. Summary judgment allows the judge to render a decision on the case without a trial. In his decision, Moon said the equal protection claim was dismissed because Cobb was unable to prove there was racial bias in the honor trial. Cobb's claims about procedural problems also were dismissed. But Annette Cobb claimed that the Honor Committee's procedures were faulty.
"The bylaws under which my son was charged ... were violated by a seven-month delay between being charged and being assigned an honor advisor," Cobb said.
Judge Moon dismissed Cobb's defamation claim because "the elements of defamation under Virginia law are publication of an actionable statement with the requisite intent." Cobb's defamation claim was based on a letter from William W. Harmon, vice president for student affairs, which stated that Cobb voluntarily terminated his enrollment at the University, thereby admitting guilt. In his decision, Moon said the statement was inaccurate since Cobb never admitted guilt, but the letter did not fit under the common-law definition of defamation.
Honor Committee Chairman Hunter Ferguson said the Committee has "maintained all along that there was no wrongdoing in the case."
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