Expelled student’s lawsuit dismissed

A $500,000 lawsuit filed against the University by a former student, expelled in 2008 for alleged possession of LSD and other drugs, has been dismissed with prejudice, a final judgment that bars the student from reopening the case.

The lawsuit, filed by former student Maximillian Jack, was dismissed on Nov. 19, less than a month before a jury trial was to start. Jack declined to comment on the final outcome, but University spokeswoman Michelle Sherrard said the decision to end the case was made mutually by both parties.

“The parties have agreed that the case be dismissed, and the case is terminated,” Sherrard said in an e-mail. According to court documents, both parties will pay their own costs and attorney’s fees.

Jack filed suit against the University in March of 2009, more than a year after he was expelled as a freshman for possession of drugs. The expulsion stemmed from a February 2008 GW Housing Programs search of his Thurston room that turned up LSD, marijuana, cocaine residue and alcohol, according to court documents filed by the University.

According to court documents, Jack accused GW of unjustly expelling him after an “entirely unfair and one-sided” Student Judicial Services proceeding, which found him in violation of the Student Code of Conduct.

Jack sued GW for $500,000 for breach of contract and emotional distress and asked a federal court to force GW to readmit him, according to court documents. Jack’s attorney, Jensen Egerton Barber, told The Hatchet in March that his client also asked for any negative information about his dismissal to be removed from his school transcript.

Barber could not be reached for comment for this story, and it is not clear whether a settlement was reached in conjunction with the dismissal of the case.

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