University legal counsels and attorneys for two former students suing the University for honor proceedings requested a ruling on their case on Sept. 13.
The University general counsel will ask for a dismissal. The students, listed as John and Jane Doe, wish to remain anonymous and are asking for proceedings to continue in their case that alleges the Honor Committee did not have proper jurisdiction when they were convicted of honor offenses last spring.The cases were part of the numerous cases initiated by Prof. Louis Bloomfield.
U.S. District Judge Norman K. Moon announced he would make a ruling as soon as possible.
"We are hoping the court will dismiss the cases," University General Counsel Richard Kast said. "We have argued as convincingly as we can that neither case is meritorious."
Both John and Jane Doe initiated legal action after they were brought up on honor offenses. At the time of their trials, one student had graduated and one had transferred.
Both students filed preliminary injunctions in federal court to prevent the Committee from going ahead with the trials, but both were turned down in March and trials proceeded. Following their convictions, both Does filed suit, contending that the Committee no longer had jurisdiction to convict them, as they no longer were students at the University.
The Committee upholds a two-year statute of limitations for honor charges, meaning a student can be charged with an offense within two years of leaving the University.
"'Enrollment Discontinued' appears on transcripts of students convicted of an honor offense after they have transferred," Committee Chairman Christopher Smith said. "We hope they can go on to have a successful college life."
Smith was unable to comment on any specifics of the case or the lawsuit, but explained Committee procedure.
"If a student who has graduated is found guilty, the Committee makes a recommendation to the general faculty that their degree be revoked," Smith said.
John and Jane Doe are filing a suit to have the record of the trials and convictions expunged from their student records.
Kast explained the issue of revoked degrees was not at stake during the trial, rather such matters would have to be handled by the University General Faculty Council.
Charges regarding the legality of the honor system are nothing new. No case against the University in such a matter ever has been successful.
"There have been similar allegations before," Kast said. "Students who graduated before charges were filed have claimed they were out of the jurisdiction of the Honor Committee."
Such suits, Kast said, were not successful and the University has high hopes that this case similarly will be dismissed.
The anonymous nature of the suit is uncommon. In this case, the students convinced the court that there were sufficient reasons, namely the anonymity guaranteed by the honor system, to allow them to remain unidentified.
Ed Lowry, legal counsel for John and Jane Doe, could not be reached for comment.
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