That is going to be the very point opposing council is going to hit right there.
Put your lawyer cap on LL, go back to the training you did in litigation classes the ones where they made you take the other side of a case in order to better build your own.
Why did BYU wait until AFTER he had finished to drop the axe when they already had knowledge he should have been gone while he still had hours remaining.
They are going to tear at that, BYU took his money and wasted his time, yada yada, yada...
BTW for once we are on the same side more or less. This could be a bad precedent for all Faith based schools, something I have personal and finical interest in. However BYU did kinda back into this in a not so straightforward way. The timing is bad, they should have moved much quicker. I bet if you were their council you'd be thinking the same thing, “why the wait, why did you let him back in to even finish much less finish”.
When students enroll they have to agree to abide by the honor code, which, for Mormons, includes being active in the church. Hardy knew this. The whole thing was a setup.
Hardy had not been to BYU in years. Apparently, he dropped out in 2002 with a few hours to go. In the intervening years, he quit attending church, published his homoerotic calendar, and became a vocal critic of the church for its stand on gay marriage. You do the math.
At least as early as March of this year, his ecclesiastical authorities wherever he was living, probably Las Vegas, were trying to reach him to discuss his membership. Check out the dates on the e-mail string.
Instead of responding so that the church could go ahead with the church court, Hardy enrolled in some online courses at BYU in June, knowing full well that he was not entitled to enroll at BYU because he was not living the honor code, and knowing full well that he was going to be excommunicated.
As I said, when he decided, not just to leave the church, but to become a vocal enemy, he no longer had any right to take advantage of the education offered by BYU, and subsidized by the tithing of faithful members. But he did it anyway.
When he enrolled online, the university would have had no way of knowing about the pending excommunication.
The whole thing was a setup, designed to give this weasel a platform from which to attack the church. BYU has some very smart lawyers. I’m sure they feel confident about their position.
He was not entitled to re-enroll at BYU to get those last few credits, but he did it anyway. He should have transferred the credits he already had, and gotten his degree somewhere else, if a degree was what he was really interested in. But, of course, that’s not what he was interested in.
HELLO!!!???
She's MORMON!!
Can't be takin' the ANTI side - wouldn't be prudent at this juncture!