Expulsion spurs student to file suit

Nearly a decade after his expulsion from Roger Williams University, a former student filed suit this month against the university.

Claiming breach of contract, breach of covenant, fraud, deceit and negligent misrepresentation on the part of the university in his expulsion in 2001, Joshua Barrett Shapiro seeks $2 million in punitive damages. He claims the university did not follow proper procedure outlined in its student handbook or by R.I. law at the time of his expulsion.

In Mr. Shapiro's suit, he also seeks to have the record of his entire third year at the university expunged, and to have the university pay another $500,000 to make changes to its procedure for disciplinary actions.

Though the suit was filed April 5 with the U.S. District Court, District of Rhode Island, Roger Williams University spokesman Brian Clark said the university has not yet been served with the lawsuit. After consulting with attorneys, Mr. Clark said the university is aware of a complaint filed by Mr. Shapiro, who was a student in the fall 2001 semester.

The reason for Mr. Shapiro's expulsion could not be released by the university, Mr. Clark said, because of the constraints of the Family Educational Rights and Privacy Act, which does not allow a university to release any details of a student's record (other than confirmation that the person is a student) without the student's permission.

The university released this statement regarding the suit:

"Because the nature of the complaint relates to issues surrounding student conduct, the Family Educational Rights and Privacy Act prevents the university from releasing any details," Mr. Clark said.

"At present, the university's legal office is gathering information related to the complaint and will respond accordingly via the judicial process. What I can say is that the university believes the allegations contained within the complaint are without merit and that we are fully confident that the matter will be disposed of by the Rhode Island federal court."

Mr. Clark further stated, "Roger Williams University has a student handbook, and we're fully confident we applied those procedures (for disciplinary actions) 10 years ago. Just as we abide by those today."

Mr. Shapiro could not be located for comment. In his lawsuit, he listed an address in Placentia, Calif., and a phone number for his father's law office. Contacted twice through that number, his father, attorney Mitchell Shapiro, asked how this reporter got his number and said he is not representing his son in the suit. He said Joshua had been notified of the request for comment on his suit.

But Joshua Shapiro did not return a call. When contacted a second time, Mitchell Shapiro said his son does not have a phone number at which he can be reached and would not provide an address for his son.

In the suit, Mr. Shapiro says he entered the university as a criminal justice student in 2009. Life in the campus dorms was noisy, he claims, and many students engaged in drug and alcohol use. He claims the drug abuse was condoned by university officials, even after he complained to several officials.

Mr. Shapiro named as defendants Roy J. Nirschel, former president of the university; Richard Stegman, former dean of students affairs; Anthony M. Pesare, former dean of the Department of Criminal Justice and Mr. Shapiro's former adviser; Heidi Hartzell, director of Student Conduct and Community Standards; Allison Chase-Padula, associate dean of student affairs; and Tony Montefusco, director of housing.