Monday, March 4, 2013
Former SMU student sues university for violating his rights
The police have been involved in several incidents involving former SMU student Daniel Hux.
DALLAS A former SMU student who was expelled in 2011 as a “security concern” has sued the university in federal court for wrongful arrest among other charges.
Daniel Hux, who served as a U.S. Marine, was told to leave the school in March 2011 as a junior.
Hux claims in the 33-page complaint that he is suing the school because he feels that his First, Fourth, and Fourteenth Amendment rights were violated.
The complaint states that he is seeking damages on the grounds that an unlawful search and seizure was committed.
Hux enrolled as a student in 2010 and, shortly before his expulsion, was accused of sexually harassing a female residential community director.
Hux, who was an R.A. in Hawk Hall, said in the complaint that this accused sexual harassment was nothing more than a misunderstanding.
In February 2011, he was relieved of his R.A duties after SMU Police Chief Rick Shafer told him that he violated the university code of conduct, which prohibits sexual harassment.
Shortly after, Hux appealed this decision to former Executive Director of Residence Life and Student Housing Steve Logan.
Hux said in his complaint, “To be able to afford to attend SMU, the Plantiff [Hux] needed a job which paid for his on campus living.”
After submitting his appeal, Hux went to meet with Logan. Shafer and two other SMU Police officers were also present.
At this meeting, Shafer requested Hux attend a mental health evaluation.
The police chief stated that “SMU did not want another Virginia Tech.”
Hux’s appeal was denied by Logan who allegedly stated “it was not apparent that you [Hux] understand the seriousness of your actions involving with both a professional staff member and a student staff member.”
One month after this incident, Hux attended a meeting for those interested in running for Student Senate.
The complaint describes that on March 20, 2011 as Hux was leaving the meeting he was approached by several SMU police officers.
According to the complaint, Hux was arrested after SMU Police conducted a search and found a gun in a car that was allegedly driven by a relative.
On March 25, 2011, The Daily Campus reported that Shafer said Hux was not a student at the university anymore and that he violated university policy.
Shortly after his expulsion, a criminal trespass warning was issued for Hux, which meant that if he returned to campus he would be arrested.
Hux filed his complaint on February 28 against Southern Methodist University, SMU Police Chief Richard A. Shafer, former Senior Executive Director of Residence Life and Student Housing Steve Logan, and Associate Vice President of Student Affairs and Dean of Students Lisa Webb.
“The University will defend its actions vigorously during any legal proceedings in this matter. SMU acted appropriately in the interest of personal safety of the members of our campus community. Their well-being is our utmost concern,” Kent Best, executive director of news and communications at SMU, said in a statement to The Daily Campus.
Pegasus News Content partner - The Daily Campus