Civil case filed against ASU officials

Darin Glass, Editor in chief

A complaint was filed against Chancellor Francis T. Borkowski and Vice Chancellor of Student Development Gregory S. Blimling on August 6 by three students.

The plaintiffs in the case are Kendrick Byrd, Gordon Fenderson and Rodney Thomas. All three were on the ASU football team last season.

Last semester a university judicial board found five male students guilty of "lewd, indecent, or obscene conduct". The charges stemmed from an incident with six students and a female freshman student.

Fenderson and Thomas were among the five. Byrd was acquitted on all charges. Thomas transferred to Northern Alabama University before the end of last semester.

According to records filed in Watauga County's Superior Court, the complaint claims the defendants' actions violated the plaintiffs' rights under certain articles of the North Carolina Constitution. Other claims by the plaintiffs' lawyer state violations of public policy and violations of the plaintiffs' rights under the First and Fourteenth Amendments to the federal Constitution.

The complaint asks for compensatory damages for mental anguish, pain and suffering and harm to the the plaintiffs' econonmic opportunities.

An order granting temporary preliminary relief was filed in the court August 14, asking for a restraining order and for a preliminary injunction.

According to court documents, Byrd's counsel sought only a temporary restraining order allowing Byrd to participate in football practice at ASU.

According to the ASU athletic department, Byrd is practicing with the football team.

More updates on the civil case will be available as the semester progresses.

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