Suspended football players sue UMaine Lawyers say university denied men due process

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BANGOR – Suspended University of Maine student-athletes Paris Minor and Stefan Gomes have been unfairly branded as sexual aggressors for their alleged involvement in a June 10 incident involving a young woman, their attorneys said Friday.

Harry Richardson, of the Bangor law firm of Richardson, Whitman, Large & Badger, held a press conference to explain legal action they are taking on the men’s behalf in the wake of their suspensions Wednesday by the university.

A fellow UMaine student said she was sexually assaulted by Minor and Gomes at her Old Town apartment.

Late Thursday afternoon, Richardson’s firm filed a lawsuit at U.S. District Court in Bangor against the trustees and president of the university on behalf of Minor and Gomes. They requested a jury trial, alleging the UMaine Student Conduct Code Committee denied the two junior Black Bear football players due process at a hearing Tuesday in Orono during which it heard details about the alleged assault and subsequently voted to suspend the two men from school through May 31, 2003.

“This is about a lot more than football,” said Richardson, a UMaine graduate and a former chairman of the university’s board of trustees who wore his UMaine school ring Friday. “This is about fair play, it’s about due process and it’s about the things that a university ought to stand for.”

Richardson and associate Fred Costlow, who represented Gomes and Minor during the UMaine hearing, outlined their concerns during Friday’s gathering. Minor stood alongside his counsel, but did not speak. Gomes did not attend.

The suit also alleges the university acted with an improper motive because of the men’s race (African-American). It further accuses the committee of engaging in a conspiracy to deprive the plaintiffs of their constitutional rights.

“The NAACP is taking an interest in this case and will be helping to assure that these men receive vindication,” Richardson said. “I take no pleasure in this case.”

James Varner, the president of the Bangor-area chapter of the NAACP, also was on hand to lend support for the young men.

“I’m ashamed of the way the University of Maine handled this, truly ashamed,” Richardson said.

“It’s clear, in our view, that Stefan Gomes and Paris Minor were denied their constitutional right to due process and that due process right extends to students at the state university, where, when you think about it, it ought to be the hallmark,” he added.

Attorneys for Minor and Gomes on Friday submitted to university President Peter Hoff an appeal of the UMaine Student Conduct Code Committee’s decision to suspend the men.

Paul Chaiken, of the Bangor law firm Rudman & Winchell, is representing the university in the case. He said Hoff has begun putting together a committee and plans to act expeditiously in hearing the appeal.

Even if that appeal is denied, Minor and Gomes may make a final appeal to the university, one that would be handled either by Hoff or an individual of his choosing.

Richardson’s firm on Thursday also filed a motion in U.S. District Court for a temporary restraining order, asking that Gomes and Minor be allowed to return to UMaine pending the outcome of the appeals process.

Judge George Singal denied the original motion Friday and later ruled against an amended motion.

If the suspension had been lifted, Gomes and Minor might have been able to play in Saturday’s game against Rhode Island.

Richardson alleges the UMaine Student Conduct Code Committee refused to hear evidence about the existence of a long-term consensual sexual relationship between Minor and the alleged victim, and that the university’s judicial affairs officer withheld evidence from the attorneys that might have been helpful to their clients.

Chaiken said UMaine stands by its process for dealing with alleged violations of its student conduct code.

“I think that it’s important to realize there’s a well-established process in place and the university intends to follow that process to make sure that the students involved, all of the students involved, receive fair and appropriate treatment,” Chaiken said.

Richardson, who questioned the makeup of the five-person conduct committee, said the procedure the committee used during the hearing was unfair to his clients.

“This committee, on the basis of zero evidence, found that these two young men were somehow a threat to the university,” he said. “There was not one shred of evidence to suggest that.”

In June, the Old Town Police Department investigated the alleged victim’s report of the assault. Neither Minor nor Gomes was ever charged with a crime and the Penobscot County District Attorney’s office has yet to file formal charges against either of the men.

The woman, who has since withdrawn from the university, has obtained a protection from abuse order against both men.

Tom Hallett, the Portland lawyer who represented the alleged victim, is concerned that her ordeal has been forgotten amidst all the recent reports.

“The victim’s been overlooked, hasn’t she?” Hallett said of the woman he described as in her early 20s. “There are some things that transcend sports, and violating other human beings, whether it be their physical, emotional and psychological space, is clearly one of them.”

Hallett said the woman contacted the police within minutes of the incident and went to a local hospital.

“They violated her and she took actions entirely consistent with those of a woman who has been violated,” Hallett said.

“The whole thing is tragic,” Chaiken offered. “It’s tragic for the victims and it’s tragic for the two guys.”

Further calling into question the credibility of the UMaine conduct committee, Richardson said he expects to explore the issue of racial discrimination based on the makeup of the UMaine conduct committee.

“I can tell you there’s a strong odor of racial bias and we are going to fully explore that,” Richardson said.

Hallett admitted he had initial reservations about the committee process, especially considering the recent surge of support behind UMaine’s successful football team. He even asked the hearing be held off campus.

But after going through the hearing, his faith was restored.

“I’m excited that the University of Maine stood up and did the right thing,” Hallett said. “The courage of the five people that were sitting on that committee, I think that’s getting lost in the shuffle.”

Minor and Gomes have been suspended from the University of Maine until May 31, 2003. They may not be present on UMaine property without permission from the office of student judicial affairs.

If their appeals are ultimately denied, they may seek reinstatement to the university no sooner than Aug. 1, 2003. They would have to submit a petition, in writing, demonstrating “good citizenship” in the time away from UMaine. It must include a personal statement of reflections on what has been learned from the incident resulting in their departure and must describe their activities during the interim. It also must articulate the different ways in which they would contribute to building a positive community at UMaine.

During the suspension period, each is required to participate in a private, confidential interview conducted by a counselor to assess his relationship patterns and skills and follow up on any recommendations for further counseling or programs. The counselor would then make recommendations to Dr. Robert Dana, dean of students, no later than Oct. 31, 2002.