[The series Lawsuit Breakdown will attempt to highlight the main points of the lawsuit filed on 12/18/07 by attorneys for Ryan McFayden, Matt Wilson and Breck Archer with a focus on Duke University's involvement in the scandal.]
The section covering Duke's treatment of Breck Archer is concise enough that we have posted the entirety of it below. Though the incident predates the lacrosse affair, it is yet another example cited by Ekstrand of what he alleges are a long-standing dislike of and bias against the lacrosse team and lacrosse players by Dean Bryan. The section proceeds as follows from p. 221 of the lawsuit:
In the Summer of 2005, Breck Archer was called into Defendant Stephen Bryan’s office to answer to a charge that damage was done to his room during a party. The room was only technically Breck’s at the time of the party; he had not moved in, he did not have a key to it, and he was not present at the party.
Nevertheless, Bryan punished Breck with community service hours at the Duke Gardens. Breck completed the hours, notified Defendant Bryan of his completion, but did not submit a form Bryan expected to receive.
Based upon Beck’s failure to submit the form after completing all of his community service requirements, Defendant Bryan convened a Judicial Affairs panel of students and faculty hand-picked by Bryan. At the close of evidence, Defendant Bryan remained in the room with the panel for the deliberations. Upon information and belief, Bryan influenced the panel to vote to suspend Breck, in violation of the Student Code of Conduct and the Faculty Handbook.
The panel suspended Breck for the 2005 fall semester for “failure to comply.”
Upon information and belief, until Breck, no one in the history of Duke University has been suspended or otherwise separated from the University for a semester for failing to submit a form documenting work that was completed as required.
Defendant Bryan did not have a basis in the Student Code of Conduct to punish Breck for damage done at a party he did not attend, nor did Defendant Bryan have a basis in the Student Code of Conduct to suspend Breck for failing to turn in a form.
[Edited 11:36 PM 1/18/08]
Also unique to Breck Archer is that an email was sent from his account on April 13, 2006 by "conspirators whose identities are not yet known" (p. 250) stating "'I am going to go to the police tomorrow to tell them everything that I know'" (p. 250). Breck never sent this email, nor did he permit anyone to send it.