Second complaint by Virginia Tech student claiming 14th Amendment violations dismissed in District Court

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(Image: Courtesy Virginia Tech)

BLACKSBURG, Va. (WFXR) — The case of Matthew Byerly against Virginia Tech has been dismissed in District Court.

Byerly, a former student accused of cheating on a final exam in the fall of 2016 and given a failing grade, claimed the school did not give him due process during an honor court panel in 2017 by not allowing him to face his accuser. Byerly argued that the due process provisions of the Fourteenth Amendment apply to the school’s disciplinary process.

He also stated the failing grade would be “devastating for his plans to enter the field of medicine” and that he has a “constitutionally protected property interest in his continued education at Virginia Tech, and the credits he purchased for the course he was given a failing grade in.

Judge Robert Ballou stated that there is no Virginia Tech policy that creates a constitutionally protected property interest for Byerly’s case and that he cannot claim protected property interest in course credits not yet earned.

The defendants, Va. Tech President Timothy Sands and Assistant Provost for Academic Strategy and Policy James Orr, claimed Byerly was given due process and that only such processes apply when a plaintiff has been deprived of a liberty or property interest that is protected by the Fourteenth Amendment.

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