Thursday, May 29, 2014
Durham judge: Duke student accused of sexual misconduct to remain in limbo
Posted by John H. Tucker @JH_Tucker on Thu, May 29, 2014 at 12:16 PM
This was not all the news Lewis McLeod was hoping for, but he is claiming partial victory.
The Duke senior was expelled for sexual misconduct three days before his final exams last month, even though he was never criminally charged. He says his sexual encounter with the freshman who accused him last fall was consensual. Earlier this month he sued Duke for breach of contract.
This morning, after a four-day preliminary injunction hearing last week, Superior Court Judge W. Osmond Smith III ruled that Duke is not compelled to immediately issue McLeod the degree that he says is necessary to begin his job at a Wall Street firm in July. However, Smith also ruled that Duke may not go forward with its official expulsion until a victory at trial, keeping McLeod—and his potential degree—in limbo until then.
McLeod,a citizen of Australia, says he can remain in the country until July 11, when the grace period of his expired student visa runs out. If both parties agree to fast-track the trial, it is possible that the matter can be resolved before then. Otherwise, he will be forced to return to Australia and abandon his Wall Street job offer, he says.
But even if he sacrifices his job, McLeod’s lawyer, Rachel B. Hitch, says that Smith, with his ruling, confirmed McLeod would likely prevail in trial.
“We view this injunction as very hopeful news,” said Hitch, adding, “in our opinion it is an extremely strong indication that Duke has acted improperly, unfairly and illegally.”
“The plaintiff has demonstrated a likelihood of success on the merits as to his contentions that the defendant has breached, violated, or otherwise deprived the plaintiff of material rights related to the misconduct allegations against him and the resulting disciplinary process addressing such allegations,” Smith wrote in his four-page ruling. “However,” he added, “this is not a finding as to whether or not the plaintiff is likely to ultimately prevail on the merits in obtaining his desired permanent injunctive relief of requiring the defendant to grant the plaintiff a degree from Duke University.”