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Appeal expected in case against ASU officials

Leslie Hitchcock, Staff Writer

 The lawsuit brought against Appalachian State University, Chancellor Francis T. Borkowski and Vice Chancellor Gregory Blimling was dismissed by a N.C. Superior Court judge December 15, 1997.

 The lawsuit was originally filed by plaintiffs Kendrick Byrd, Gordon Fenderson and Rodney Thomas.
 
 Judge Dennis Winner ruled that the university acted appropriately when it took disciplinary action against the students for violating a university directive, said a campus press release from the news bureau.

 Winner stated in the ruling that "when a student enrolls in a university, he explicitly and implicitly agrees to abide by their reasonable rules."

 According to records in the Watauga County Courthouse, the students claimed that the university violated their rights under the N.C. Constitution and the First and Fourteenth Amendments of the U.S. Constitution.
 
 The case arose out of disciplinary action taken after the students disobeyed a directive issued by the university, said Appalachian's attorney Dayton Cole.

 "Subsequent to the disciplinary action, the plaintiffs filed a lawsuit through a local attorney against another student alleging defamation," said Cole.
 Attached to the complaint was a transcript of the students' statements to university police.

 In making the confidential records public, the plaintiffs violated an obligation of confidentiality mandated from university officials regarding the transcript.

 The university then took disciplinary action against the students, said Cole.

 According to Cole, the plaintiffs were on probation for previous offenses, therefore the sanctions were accelerated.

 The students were on probation after an incident with six students and a female freshman in spring of 1997.

 The plaintiffs were found guilty of "lewd, indecent or obscene conduct" by the university judicial board.

 Fenderson and Byrd were allowed to attend Appalachian this year, said Athletic Director Roachel Laney.
 
 Thomas transferred to the University of Northern Alabama in the spring semester of 1997.

 Byrd was also allowed to participate with the football team under a court order, Laney said.

 Borkowski and Blimling had no comment on the situation because of a pending appeal.

 The plaintiffs have 30 days to appeal the judge's ruling.

 Sources disclosed that the plaintiffs will appeal the motion later this week.

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