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Harwood v. Johns Hopkins University3/2/2000
Byrnes,
Adkins,
McCormick, Mary Beth (Specially Assigned) JJ.
We are asked in this appeal to decide whether Robert J. Harwood, Jr., appellant, is entitled to receive a diploma from the Johns Hopkins University ("JHU"), appellee. JHU refused to grant appellant his diploma based on appellant's conviction for the murder of a fellow JHU student on the JHU campus. On appellee's motion for summary judgment, the Circuit Court for Baltimore City granted judgment in favor of appellee, thereby approving JHU's disciplinary decision to deny appellant a dipolma. Appellant noted this appeal.
Appellant contends that the trial court erred as a matter of law in granting appellee's motion for summary judgment and for not entering summary judgment in his favor. He argues that 1) appellee had no authority to discipline him because he had completed all of his degree requirements prior to his criminal activity; and 2) appellee denied him due process in the disciplinary proceeding initiated against him, particularly by failing to take into account appellant's mental condition as required under the Americans with Disabilities Act. Additionally, appellant contends he is entitled to an award of attorneys' fees and punitive damages.
For the reasons that follow we shall affirm the judgment of the circuit court.
FACTS
The facts of this case are undisputed. Appellant enrolled at JHU in 1992. By the end of the fall 1995 semester, appellant had completed his course of study. JHU holds a graduation ceremony once annually, at the end of the spring semester. Appellant did not register for classes or pay tuition for the spring 1996 semester. During the spring semester, appellant was living with his grandmother in Rhode Island. Appellant, however, continued to maintain consistent contact with the JHU community. According to an affidavit filed by JHU's Dean of Students, Susan Boswell, appellant manned a student election table on campus in March of 1996. Additionally, Dean Boswell affirmed that she communicated with appellant on numerous occasions during the spring semester regarding complaints of harassment brought by a fellow JHU student, Rex Chao. During the course of these communications, Dean Boswell informed appellant that he would have to notify the campus security or her office when he intended to be on campus. Appellant notified Dean Boswell of his intention to attend a meeting of a student political organization on April 10, 1996.
Appellant attended the meeting. While there, appellant spoke and passed out flyers opposing the candidacy of Mr. Chao for the organization's president. After the meeting, while still on the JHU campus, appellant pursued Mr. Chao and confronted him. At this point, appellant shot and killed Mr. Chao. Appellant pled guilty to murdering Mr. Chao in addition to related handgun violations and is currently serving a thirty-five year prison sentence.
On May 15, 1996, Dean Boswell wrote to appellant and informed him that his diploma would be withheld pending the resolution of his criminal charges. JHU rested its decision to withhold appellant's diploma on provisions of JHU's Student Handbook ("Handbook"). The Handbook provides, in pertinent part:
In order for a student to be approved for graduation, s/he must resolve any outstanding charges of fees or of misconduct . . . and must have complied with the terms of any penalties imposed as a result of misconduct. . . .
The university does not guarantee the award of a degree or a certificate of satisfactory completion of any course of study or training program to students enrolled in any instructional or training program. The awar
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