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Tuesday, August 30, 2005

Ind. Decisions - Suspended player seeks to re-enroll at Purdue

"Suspended player seeks to re-enroll at Purdue" is the headline to this story in the Sports Section of today's Indianapolis Star. Some quotes:

The starting lineup for Purdue's football season opener against Akron on Sept. 10 might be determined during a hearing today in a Lafayette, Ind., courtroom.

That's where suspended guard Uche Nwaneri will ask a Tippecanoe County Superior Court judge for a restraining order that would allow him to re-enroll at Purdue and rejoin the team until a trial is held. Nwaneri is not seeking monetary damages.

"We just think he was not fairly treated by the university," said Courtney B. Justice, Nwaneri's attorney. "In constitutional terms, there was denial of equal protection under the law."

Nwaneri, who started all 12 games last season, was suspended for the fall semester by Purdue executive associate dean of students Steve Akers following a July altercation with former teammate Ryan Noblet, who has since transferred to Arkansas.

Akers' decision was upheld last week by the eight-member Campus Appeal Board, which is composed of Purdue students, staff and faculty. * * *

Any disciplinary action should have been handled by coach Joe Tiller, not Akers, Justice said. Tiller has consistently said he supports Nwaneri and he could return to the team if re-instated to school. * * *

Tippecanoe County prosecutor Jerry Bean has not released the incident report while he decides whether to file criminal charges. No arrests were made and no charges had been filed as of Monday night.

The suit alleges that Noblet started the altercation and lunged at Nwaneri when "Uche, in a reasonable attempt to protect himself, struck Noblet, accidentally fracturing his jaw."

The lawsuit stated Nwaneri gave a statement to Purdue police July 15 at its headquarters. The suit alleges he later returned to ask for a police report, but a detective threatened him, accused him of lying and tried to coerce him into a fight.

Akers informed Nwaneri on July 28 that he was suspended for the semester because he was guilty of "battering Ryan Noblet, resulting in serious bodily injury," the suit said.

It also alleges Nwaneri was not allowed to use an attorney to argue his case before the committee. University rules prohibit students from doing so.

"We were gagged," said Justice, who was allowed to attend the hearing. "He was effectively denied the most important civil right of all, which is the right to a lawyer."

The Lafayette Journal & Courier has this story, by Tanya Brown. Some quotes:
Uche Nwaneri has challenged the finality of the Campus Appeals Board at Purdue University, asking a judge to order him reinstated immediately as a student and as starting left guard for the football team.

A preliminary hearing is scheduled for 9 this morning before Judge Don Johnson in Tippecanoe Superior Court 1. * * *

The lawsuit also alleges that Sleeth [Cathy Sleeth, senior assistant to the Office of Admissions and chairwoman of the Campus Appeals Board], in her capacity as chair of the appeals hearing, acted in a biased manner by repeatedly interrupting Nwaneri as he attempted to represent himself and praising Akers' character and decision to suspend Nwaneri.

Justice said Nwaneri was denied due process of law at the appeals hearing, as Sleeth's comments potentially biased the staff, faculty and students hearing the case against him.

Further, Justice said he was not allowed to speak or intercede in the proceedings on behalf of his client, except to whisper advice when possible.

"When your lawyer can't speak, it makes it an ineffective assistance of counsel," Justice said. "We were really shocked at the conduct of the chairman of the appeals board." * * *

The lawsuit also alleges that before the appeal, Nwaneri was detained for questioning at the Purdue University Police Department and that he was "sweated" in a room by a large, white police detective who repeatedly insisted he was lying and told him he would go to trial and to jail.

Lt. Fred Davis, the officer named in the complaint, could not be reached for comment on the allegation.

County prosecutor Jerry Bean said Monday that he still is reviewing the case for possible criminal charges. Bean said police reports and transcripts of recorded police interviews with witnesses in the Nwaneri case are on his desk.

He hopes to make a decision about criminal charges by the end of the week.

Posted by Marcia Oddi on August 30, 2005 08:55 AM
Posted to Ind. Trial Ct. Decisions