Judge Rules On Motion In W&L Fraternity Case

Judge Rules On Motion In W&L Fraternity Case

Judge Christopher Russell has issued his ruling on a motion to preclude evidence in a disbanded fraternity’s lawsuit against Washington and Lee University.

The motion, filed by the lawyers for the university, asked the judge to preclude evidence relating to the alleged hazing incident and the evidence that was presented to the university’s Interfraternity Council and University Board of Appeals as part of the disciplinary proceedings against the fraternity. A hearing on the motion was held on Aug. 29.

In a letter to counsel for both the fraternity and the university dated Sept. 5, Russell granted the defense’s motion “in part,” reiterating a comment he made in the hearing that he agreed with the defense’s argument that the trial should not be a “re-do” of the university’s disciplinary proceedings and that the court will not ask a jury “to decide whether any hazing occurred.”

He also ruled that the jury would not be asked to “examine or re-examine the credibility or weight of ‘evidence’ or ‘testimony’ presented at the various proceedings of the IFC, UBA, etc.” Evidence that referenced the alleged hazing incident or some of the details of the ‘incidents that led to’ the fraternity’s suspension could be admitted, and the plaintiffs could call witnesses to explain the roles of each of the university’s disciplinary bodies and argue that the fraternity was “‘tried’ by the wrong entity.”

“To borrow a phrase from Ms. Eckstein [counsel for the defense] … the jury trial should be limited to ‘evidence of the evidence’ and/ or ‘evidence of the proceedings,’” Russell concluded.