Former OU student wins suit, receives $25,025

by Casey Clapper
City Senior Writer
casey.clapper@ohiou.edu

An Ohio state Court of Claims judge awarded $25,025 in damages to a former Ohio University student after a five-year court battle with OU officials.

Judge Fred Shoemaker ruled in favor of Benjamin C. Mallory in a civil suit against Jeanine Woodruff, former director of OU's Department of Health and Wellness, on a charge of defamation. The damages include $25 for the court-filing fee, said Donna Born, assignment commissioner at the Court of Claims.

The 10th District Court of Appeals ruled in December 2001 that Woodruff defamed Mallory when she inferred in a news article that Mallory was guilty despite a hung jury in his original trial in October of 1998.

The Court of Claims then reviewed the case and awarded Mallory on December 17, 2002.

The suit stems from a November 1997 incident in which Mallory and Audrey DeLong, then both OU juniors, had sexual intercourse in a James Hall shower after an evening of drinking.

Mallory was expelled from the university after a hearing with the OU Office of Judiciaries and then filed suit against OU for sexual discrimination, deprivation of constitutional rights, due-process violation, breach of contract, defamation and negligence, according to a Jan. 8, 2002 Post article.

Former Athens County Prosecutor Bill Biddlestone dismissed criminal charges against Mallory after a hung jury in October of 1998.

OU will pay the recently awarded damages without appealing, said John Burns, director of legal affairs at OU.

"(Mallory) was entitled to some damages, that's for sure," he said. "Our sense is that Judge Shoemaker weighed the facts and made the best decision."

Jan Roller, attorney for Mallory, said she thinks Judge Shoemaker's decision is understandable in light of the trauma that has surrounded the events of the lawsuit.

"The decision is a reflection of the statements in one newspaper article," she said.

"It was a good decision in that it finally recognizes the wrong that was done by Jeanine Woodruff and the university. And because it was more than three times what the university offered, it's a clear victory for Ben."

Mallory was asking for $250,000, which was the maximum amount of damages allowed by statute, Roller said.

But OU never got into a serious settlement discussion with Mallory and Roller, Burns said.

"We kind of asked them, 'What do you want?' and got a rhetorical answer," he said.

"We proposed nominal damages, but we didn't put a value on it - in the $10,000-plus range. I think the judge went a little our way, but it was a novel kind of evaluation."

Mallory has since graduated from The Ohio State University, Roller said.