Ohio University has responded that former student Gregory Richards has “no probability” for success on his charges against five OU officials.
Richards, an OU student who was to graduate during the 2011-12 academic year, is suing officials for inappropriately having him arrested after his graduation ceremony.
“Richards has no probability of success: his claims are not properly before this Court and they fail on the merits,” states the university’s memorandum via Ohio Attorney General Mike DeWine, Assistant Attorney General Amy Golian and Assistant Attorney General Todd Marti.
In February, Richards was walking to class when a white student directed a racial slur toward him. When Richards approached the student, he blew cigarette smoke in his face and Richards left the area, according to Richards’ complaint.
Richards later got into a fight with the same student at an Uptown bar; the student attacked Richards while another student jumped on Richards’ back, according to the complaint, which also stated that the student who originally said the slur continued taunting Richards at the BP gas station.
“Richards violently overreacted to an inappropriate comment by another student, injuring that student and disrupting two local businesses,” the university memorandum states.
Richards was arrested and pleaded guilty to assault, criminal damaging and disorderly conduct in the Athens Municipal Court, which fined Richards almost $400 and assigned him a two-year probation, according to court documents.
In March, Richards said he was denied a timely counsel and hearing, citing Ohio Revised Code 3345.22 as violation of these rights, according to the complaint.
However, OU officials said Richards was not denied counsel and that Ohio Revised Code 3345.22 is not applicable because it can only be used when students are in danger of “immediate suspension,” which Richards was not, according to the memorandum.
OU argues that it acted in accordance with state laws, which do not require representation unless the case is overly complex or if the student faces criminal charges for which the university also is prosecuting.
However, Richards never requested counsel, according to the memorandum.
In April, OU’s Office of Community Standards and Student Responsibility ordered a suspension until December 2012, which Kent Smith, former vice president of Student Affairs, reduced to August 2012.
“The controlling procedures are easily understood, particularly for someone like Richards who has had ample experience with them. There was no violation,” the memorandum states.
The suspension was to begin June 1, 2012 — a week before Richards was to graduate, according to the complaint.
However, Richards received an invitation to the commencement ceremony and participated but was arrested after leaving the graduation and fined $100 for criminally trespassing, according to the complaint.
“Richards is an Ohio University (“OU”) student with an extraordinary, and escalating, record of disciplinary problems,” the memorandum states. “He presents unique challenges to OU because his disciplinary record is more extensive than the vast majority of OU students.”
Neither OU President Roderick McDavis nor the university will comment on the pending litigation, said Jennifer Kirksey, chief of staff to McDavis.
Richards and his attorney, Derek Farmer, could not be reached for comment.
sj950610@ohiou.edu
