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Chad Hardy’s BYU Honor Code Review
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Posted on 03/06/2009 5:22:10 PM PST by delacoert

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To: ejonesie22

When students enroll they have to agree to abide by the honor code, which, for Mormons, includes being active in the church. Hardy knew this. The whole thing was a setup.

Hardy had not been to BYU in years. Apparently, he dropped out in 2002 with a few hours to go. In the intervening years, he quit attending church, published his homoerotic calendar, and became a vocal critic of the church for its stand on gay marriage. You do the math.

At least as early as March of this year, his ecclesiastical authorities wherever he was living, probably Las Vegas, were trying to reach him to discuss his membership. Check out the dates on the e-mail string.

Instead of responding so that the church could go ahead with the church court, Hardy enrolled in some online courses at BYU in June, knowing full well that he was not entitled to enroll at BYU because he was not living the honor code, and knowing full well that he was going to be excommunicated.

As I said, when he decided, not just to leave the church, but to become a vocal enemy, he no longer had any right to take advantage of the education offered by BYU, and subsidized by the tithing of faithful members. But he did it anyway.

When he enrolled online, the university would have had no way of knowing about the pending excommunication.

The whole thing was a setup, designed to give this weasel a platform from which to attack the church. BYU has some very smart lawyers. I’m sure they feel confident about their position.

He was not entitled to re-enroll at BYU to get those last few credits, but he did it anyway. He should have transferred the credits he already had, and gotten his degree somewhere else, if a degree was what he was really interested in. But, of course, that’s not what he was interested in.


61 posted on 03/07/2009 1:54:22 PM PST by lady lawyer
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To: lady lawyer; delacoert; ejonesie22; reaganaut; Elsie
I take it he didn’t show up for his excommunication.

 
K3NES
W-AJ-iUvJ ATTORNEYS & COUNSELORS
HOLBROOK& est. 1875
MCDONOUGHpc
TEL: 80I-53I-32OO
November 21, 2008 FAX: 801-328-0537
170 SOUTH MAIN ST, SUITE I5OO
SALT LAKE CITY, UTAH 84IOI
 
By Facsimile and United States Mail
 
WWW.JONESWALDO.COM
Lyman Kirkland
Public Affairs Department
Church of Jesus Christ of Latter-day Saints
Joseph Smith Memorial Building
15 E. South Temple St. Rm. 2W10
Salt Lake City, Utah
Fax: (801)240-1167
 
Frank Davie, President
Las Vegas Nevada Warm Springs Stake
c/o Neil Andersen, Regional Representative
Church of Jesus Christ of Latter-day Saints
50 East North Temple
Salt Lake City, Utah 84150
Fax: (801)240-3698
 
Gentlemen:
 
Chad Hardy has retained this firm in connection with certain actions taken against
him by the Church of Jesus-Christ of Latter-day Saints (the "Church") and Brigham
Young University. I have written separately to the University with regard to its actions.
A courtesy copy of that letter in enclosed. I write you with regard to the actions of the
Church in publishing false and defamatory statements about Mr. Hardy.
As you know, Mr. Hardy is involved in a business enterprise that produces the
"Men on a Mission" calendar, featuring former Church missionaries. The calendar
contains depictions of the former missionaries and descriptions of their experience, along
with an express disclaimer. A portion of the proceeds from the sales of the calendar is
donated to charity and directed to helping people in the different areas of the world where
the missionaries served.
 
On March 21, 2008, Frank Davie, President of the Church's Warm Springs Stake
in Las Vegas, Nevada, contacted Mr. Hardy on his business email account. President
Davie said his purpose was to "get to know" Mr. Hardy. He also made reference to Mr.
Hardy's involvement with the calendar.
 
866122.1
SALT LAKE CITY, UTAH - ST. GEORGE, UTAH

Page 2
On March 24, 2008, President Davie called Mr. Hardy at work, again requesting a
meeting, and again stating that he wished to talk about the calendar. During this
conversation, President Davie said the "brethren" (which Mr. Hardy understood to be a
reference to unspecified but high-placed Church leaders in Salt Lake City) had heard Mr.
Hardy was planning a calendar featuring former women missionaries of the Church and
they were "very concerned."
 
Between March 24 and April 1, President Davie continued to contact Mr. Hardy
requesting a meeting, and a meeting eventually was scheduled for April 15.
On April 15, President Davie and Bishop Olds met with Mr. Hardy and a friend of
his in his home. During the two-hour meeting, President Davie expressed the view that
the "Men on a Mission" calendar was inappropriate and asked Mr. Hardy to stop the
publication and sale of the calendar. Mr. Hardy explained the purpose of the calendar
project and his commitment to the positive messages conveyed by the calendar, but said
he would discuss President Davie's concerns with his business partner. No other subject
was discussed.
 
In the weeks following the meeting, President Davie continued to contact Mr.
Hardy by email and telephone repeating his request that production of the calendar be
stopped and his view that the calendar is "inappropriate" and "does not represent the
Church or Church missionaries in the right way."
 
On June 5, 2008, Mr. Hardy wrote to President Davie that he understood and
appreciated the personal concerns President Davie expressed. He explained that he is not
the only one who is involved in the publication and distribution of the calendars but also
has a responsibility to financial investors. He also reiterated his intention that the
calendar project "in no way is meant to demean, disrespect or misrepresent the LDS
church fundamental beliefs." He politely confirmed his decision to continue the project.
 
In response to this communication, President Davie requested a "one-on-one"
meeting with Mr. Hardy, referring for the first time to unspecified matters "regarding
[Mr. Hardy] personally." Mr. Hardy's inquiries yielded no further details, only repeated
requests by President Davie to discuss some unspecified matter that "needs to be talked
about between the two of us as it is quite personal."
 
In response to these requests, Mr. Hardy called President Davie on July 1, 2008.
In this conversation, President Davie asked Mr. Hardy whether he was paying tithing and
wearing his temple garments. Mr. Hardy responded honestly and forthrightly. President
Davie also directly accused Mr. Hardy of being involved in a sexual relationship with the
same friend who was present at the initial April 15 meeting in Mr. Hardy's home. This
accusation is false, and Mr. Hardy forthrightly and unequivocally denied it. President
Davie refused to identify the source of this false accusation. Mr. Hardy believes
President Davie must have discussed this false accusation with unknown third parties.
 
866122.1

Page 3
Mr. Hardy wrote President Davie later that day expressing the hope that having
confronted Mr. Hardy with this false accusation, President Davie was satisfied he had
obtained the correct information. He also made it clear he did not see any purpose in
further discussing his personal life or business affairs with President Davie.
 
The next day, President Davie wrote Mr. Hardy stating he had "broken [his]
priesthood and temple covenants and engaged [himself] in a project that is considered
inappropriate," all allegedly '"conduct unbecoming of a member of the Church.'"
President Davie advised Mr. Hardy he would be dispatching two Church elders to deliver
a "Notice of a Church Disciplinary Council," stating he had a "responsibility to take this
action in [Mr. Hardy's] behalf."
 
On July 9, 2008, Mr. Hardy was summoned to appear before a Church
disciplinary council to answer the charge of "conduct unbecoming a member of the
Church."
 
 Mr. Hardy contacted President Davie the following day and asked to be told
the specific charges against him. President Davie did not mention the alleged sexual
relationship, but stated that in addition to refusing to stop production of the calendar, Mr.
Hardy had not paid tithing and was not wearing the temple garments. On July 11, 2008,
the Associated Press reported that President Davie confirmed sending the summons and
said the calendar was the primary concern, but also added: "There is more involved, and
he and I will have our meeting."
 
On July 13, the disciplinary council, comprised of President Davie, his counselors
and members of the local church hierarchy, met with Mr. Hardy at the Warm Springs
Stake Center in Las Vegas.
 
President Davie informed the council that Mr. Hardy had
been summoned before the council, and that he had admitted not paying tithing and
wearing the temple garments. He then asked Mr. Hardy to address the body, which Mr.
Hardy did, focusing on the calendar project. This was followed by questions and
discussions, again all focused on the calendar project, after which Mr. Hardy was told to
leave the room.
 
A short time thereafter, President Davie informed Mr. Hardy the council
had excommunicated him. At no time during the disciplinary council proceedings was
there any reference to the false allegations of a sexual relationship.
 
On July 22, Hardy received a letter dated July 16 from President Davie stating the
decision of the council was excommunication for "conduct unbecoming a member of the
church." No details were given.
 
Mr. Hardy confirmed to the media that the only issues raised with him were the calendar, tithing and garments.
Since the Church emphasizes that members are not excommunicated for such
things as a failure to pay tithing or wear temple garments, the only reasonable conclusion
is that Mr. Hardy was excommunicated for the allegedly "inappropriate" calendar. The
media properly reported that conclusion.
5122.1

Page 4
Unfortunately, building on President Davie's reference to there being "more
involved" in the Church disciplinary proceeding, the Church proceeded to dispute the fact
that Mr. Hardy was excommunicated for the calendar.
 
Specifically, after conferring with President Davie, who repeated the scurrilous accusation that the excommunication was
"warranted for several reasons other than the infamous calendar," the Church published
an item on September 30, 2008 on its official media website, newsroom.lds.org,
expressly disputing the fact that Mr. Hardy was excommunicated for the calendar.
 
Because the item did not specify the only other conduct that was raised with Mr.
Hardy in the proceeding, which is non-excommunicable conduct, it left the clear
implication that Mr. Hardy was guilty of some excommunicable conduct. A search of the
Church's official website, www.lds.org., confirms that excommunication generally
follows findings of serious transgression such as murder, rape, abortion, adultery,
fornication, homosexual relations, child abuse, spouse abuse, deliberate abandonment of
family responsibilities, robbery, burglary, embezzlement, theft, sale of illegal drugs,
fraud, perjury, or false swearing.
 
Mr. Hardy was neither charged with nor guilty of any such offense in his
disciplinary proceeding.
 
Assuming his involvement with the calendar was so "inappropriate" as to be considered an excommunicable offense,
the Church should have made this clear and left it at that. Instead, compounding the injury President Davie
inflicted on Mr. Hardy by falsely accusing him of immorality and publishing scurrilous
innuendo in the media, the Church created the clear implication that Mr. Hardy was not
excommunicated for involvement with the calendar, but for other serious transgression of
the type that in Church practice justify excommunication.
 
Based on the foregoing, we respectfully request confirmation that Mr. Hardy was
excommunicated for his involvement with the calendar, period, full stop. We specifically
request that this confirmation be provided in writing to this firm. We also request that all
information and documents pertaining to the Church's disciplinary action be provided for
our review.
 
We would like to work together on a suitable statement for distribution via
the same media as the original false and defamatory implication that he was
excommunicated because of other unspecified but serious immoral or illegal conduct.
 
As he has consistently said in his own comments to the media, Mr. Hardy harbors
no ill will toward the Church. His interest is in correcting the record and clearing his
good name. I look forward to working with you to that end. If you are unwilling to
follow this course of action toward an amicable resolution of this matter, please let me
know so I can advise Mr. Hardy as to his other options.
 
Very truly yours,
 
Enclosure
cc: Chad Hardy

62 posted on 03/07/2009 1:58:55 PM PST by greyfoxx39 (buckle in for 4 more years of detached, grandstanding flourish left untethered by an incurious media)
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To: lady lawyer

That should be March of last year.


63 posted on 03/07/2009 1:59:51 PM PST by lady lawyer
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To: greyfoxx39

Listen to that little weasel on the youtube recordings.

He was given an opportunity to refute any allegations of immorality, but he refused to do so. If he was really interested in correcting the record and clearing his good name, he could have done so at the appeal. But that’s not what he wanted to do.

He reenrolled in BYU — online — after all those meetings took place. He knew full well that he had no right to do so, and he knew full well that BYU wouldn’t know about those meetings unless he told them, or unless he later chose to publicize his excommunication, which he did.

As for the church disciplinary proceedings, Hardy may or may not be telling the truth. They are private and the church will not discuss them, so he can pretty much say whatever he wants without fear of anyone who was there setting the record straight.


64 posted on 03/07/2009 2:09:36 PM PST by lady lawyer
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To: lady lawyer
As for the church disciplinary proceedings, Hardy may or may not be telling the truth. They are private and the church will not discuss them, so he can pretty much say whatever he wants without fear of anyone who was there setting the record straight.

Oh, were you THERE, so you KNOW about the RECORD?????

65 posted on 03/07/2009 2:19:59 PM PST by greyfoxx39 (buckle in for 4 more years of detached, grandstanding flourish left untethered by an incurious media)
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To: lady lawyer; SENTINEL; colorcountry; reaganaut; ejonesie22
Listen to that little weasel on the youtube recordings.

Frankly, I thought the "weasely" sounding one was Vernon Heperi.

If he was really interested in correcting the record and clearing his good name, he could have done so at the appeal. But that’s not what he wanted to do.

Well, not ALL of us "exes" have a taste for kissing the nether end of mormon leaders. We leave that to the so-called "worthy ones".

And, perhaps, he just doesn't desire to have his "name cleared" with those whose judgment includes idolizing a charlatan and womanizer. I can relate to that.

66 posted on 03/07/2009 2:33:28 PM PST by greyfoxx39 (buckle in for 4 more years of detached, grandstanding flourish left untethered by an incurious media)
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To: fproy2222
You are still missing the point.

Hardy was not in his junior year (or another other point in his tenure there) but had finished his academic requirements and indeed the degree had been issued.

Any school that awards degrees, public or private, has outside authorities to deal with.

beyond that you also question the contract, they too have a contract to award his degree, and he had completed said work and even walked BEFORE they gave final disposition.

You mention cheating and stealing etc. Interesting you say that, because if instead of this calender issue etc. he had indeed cheated and was then awarded a degree, it could be withdrawn by the institution (indeed any public or private) since the degree was obtained fraudulently.

If you had actually read any of my post this thread, and I know you and yours either don't or for whatever reason seem to blow by what they say, you know I heap no praise on Mr. Hardy, in fact the opposite.

The degree was awarded, it is very possible a public court could decide in his favor since he did complete the academic requirement. If it had been mid process, before his hours had ben finished there would be no room for such issues. That is not what happened in this case.

There indeed was another case, one I am aware of and indeed discussed with on of the principles yesterday due to this matter, it occurred at another institution under similar settings. It was determined to award the degree due to the fact the hours were complete and the degree was issued. The attorneys had made it clear there were definite possibilities that questions from the state and the court in general could be a factor. However the student had earned honors that were stripped was denied any post graduate support or recommendations for future graduate level work as well as a few other things including something with a scholarship.

Even private schools do not function in a vacuum no matter our faith. We can argue points of belief, but in the world we inhabit there are other things that can influence us.

67 posted on 03/07/2009 2:44:01 PM PST by ejonesie22 (Stupidity has an expiration date 1-20-2013 *(Thanks Nana))
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To: lady lawyer
The whole thing was a setup, designed to give this weasel a platform from which to attack the church.

Pretty tall tale.

I have heard tell that Smithian's have a fine tradition of tale telling.

I notice that Mr. Hardy's lawyers are quite willing and able to construct a time-line, provide background documentation, and explain their client's side of the story in a pretty convincing manner.

Maybe your tale will help clarify things.

68 posted on 03/07/2009 2:58:21 PM PST by delacoert
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To: Reaganesque; lady lawyer; All

This what I keep wondering we were all given the Ten Commandments right!

So each faith has their guidelines some can dance, some can’t dance, some can drink and smoke, some can’t etc.

The LDS has their code of conduct.

1- So why should anyone on the out side question the Church policies I might not agree with another faith policy but I would respect that is how they do it!

This young man who is gay has issues with the Church stand on Gay Marriage and the fact he comes from a many generation of LDS makes it hard to resolve his conflict.

There is no getting around he wanted to strike back at the Church and he knew what he was doing with this shirtless calendar of return missionaries who most likely were not to keen going on a mission or it was like a vacation to them and not the Lord’s errand.

If you are a missionary you have a temple recommend and one has choosen to obey the covenants of modesty and being worthy to wear the garments.

Is because it is an BYU/LDS opportunity to have sport this has been going on for three days new post.

If that is the case say so....

Although I pray should there be an issuse in the mainstream that my prayers will be with you to practiced your faith according to your doctrine.


69 posted on 03/07/2009 2:58:21 PM PST by restornu (The Word of God is infallible but that doesnÂ’t automatically make the scribes infallible)
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Comment #70 Removed by Moderator

To: lady lawyer
Of course, you would side even with a gay rights activist if he was opposing Mormons.

I have personal experience with the way mormons run things. Frankly, I would side with anyone who stands up to the dictatorial, tyrannical corporation and its minions.

71 posted on 03/07/2009 3:09:49 PM PST by greyfoxx39 (buckle in for 4 more years of detached, grandstanding flourish left untethered by an incurious media)
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To: delacoert

Read the lawyers’ letter.

They are not challenging the withholding of the diploma, they are only challenging the fact that mention was made of “other reasons” for the excommunication, and that people were assuming that Hardy was engaged in immorality. Notice that Hardy has not denied immorality (except for denying a sexual relationship with one particular female). He is merely denying that that was the basis for his excommunication.

So, the lawyers write this long letter, concluding by saying that Hardy just wants an opportunity to set the record straight about the reasons for the excommunication and clear his name.

So, BYU gives him a review, which he tapes. And, at which he knows that all the honor code questions will be asked, giving him that precise opportunity to clear his name — if his name is, in fact, “clearable.”

What does he do? He refuses to answer the questions which would clear his name.

If he didnt’ want to answer to BYU, he should not have reenrolled in June of 2008. But he did so, dishonestly.

He is an activist with an agenda.


72 posted on 03/07/2009 3:10:16 PM PST by lady lawyer
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To: greyfoxx39

If he didn’t want to answer, he should not have reenrolled in BYU, which he did after he knew that he was scheduled for church discipline, and when he knew that, because he hadn’t attended church for years, he was not eligible to reenroll. He should have taken his credits somewhere else and completed his diploma there.


73 posted on 03/07/2009 3:12:13 PM PST by lady lawyer
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To: restornu; lady lawyer; ejonesie22
If you are a missionary you have a temple recommend and one has choosen to obey the covenants of modesty and being worthy to wear the garments.

WHY aren't all you mormons on FR demanding the excommunication of the returned missionaries that posed for the calendar? Those men knew they were acting against the church in publicly posing without their garments.

I'm waiting for one of you to do the research and post the details of the disciplinary councils against these guys.

74 posted on 03/07/2009 3:14:49 PM PST by greyfoxx39 (buckle in for 4 more years of detached, grandstanding flourish left untethered by an incurious media)
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To: greyfoxx39

Perhaps because they have not become anti-Church gay rights activists.


75 posted on 03/07/2009 3:16:54 PM PST by lady lawyer
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To: fproy2222
The intent behind the calendar is what was the issue. It's purpose is to illicit a sexual response from whoever buys it.

Nothing good can come from it. How will Hardy justify his calendar to the Lord?

No way should BYU put their name on and by so doing justify Hardy's actions. Hardy can take his credits to the UofU and get his diploma.
76 posted on 03/07/2009 3:27:53 PM PST by Stourme
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To: restornu

Did Chad Hardy say that he was gay?

Was he outed?

Are you repeating speculation that you have read or heard?

Are you making this up?

Shouldn't you wait until these men are excommunicated before you start telling their stories for them?

77 posted on 03/07/2009 3:30:25 PM PST by delacoert
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To: delacoert

LOL!


78 posted on 03/07/2009 3:38:45 PM PST by greyfoxx39 (buckle in for 4 more years of detached, grandstanding flourish left untethered by an incurious media)
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To: delacoert

Still why do some here who claim to be Christian are defending this behavior is still puzzling to me?

the rebuttal is always the same give some liberal PC agenda put the focuse elsewhere, distract from the core of the issue.

True Christains are not into being PC but up holding the comandments of the Lord.

“As many of you know that for the past two years of my show I have been trying to interview members of the *GLBT community so the stories that are being told will help educate, entertain and hopefully change perceptions people have about the community. Today’s guest Chad Hardy wants to do the same”

*GLBT lesbian, gay, bisexual, and transgender
http://rambleredhead.com/category/chad-hardy/


79 posted on 03/07/2009 3:54:38 PM PST by restornu (A.C.O.R.N ; ORGANIZING THE NEW WORLD ORDER ONE COUNTRY AT A TIME)
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To: lady lawyer

I did, maybe better than you.

heh sure... and 2 + 2 = 0

The lawyers are outlining the case for challenging the ecclesiastical basis for rescinding the degree.

The church's excommunication was the reason for BYU's decision. Vernon Heperi, BYU Dean of Students, made that point repeatedly as he kept reexplaining how he could reverse the decision to rescind the diploma by reestablishing Mr. Hardy's academic standing. Heperi himself established the facts that the original basis for rescinding Hardy's diploma was ecclesiastical and that as Dean of Students he could overrule that decision solely on a basis of academic authority.

80 posted on 03/07/2009 4:02:09 PM PST by delacoert
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