Defamation suit limited

by Stephanie Corbin
Staff Writer

A former Ohio University student will seek damages in his defamation case against the university, but there is a limit to what he can receive.

The Ohio Supreme Court ruled 4-3 on Thursday not to hear former student Ben Mallory’s case, upholding the 10th district court of appeals ruling, said John Burns, director of OU Legal Affairs.

The case most likely will return to the Ohio Court of Claims in Columbus where Mallory will request damages for a former OU employee defaming him. OU has 10 days from the day the decision was handed down to ask the Ohio Supreme Court to reconsider the decision, said Eric Hardgrove, spokesman for the Ohio Attorney General’s office.

Mallory could collect as much as $250,000 from the university. OU sets aside funds in the budget for settlement fees, Burns said.

“I don’t know whether the amount will be significant or not,” he said. “It could be $1 or $250,000.”

Mallory’s attorney was pleased with the decision.

“I feel (the court) correctly applied the long-standing law of Ohio,” said Jan Roller, Mallory’s attorney. “Finally, Ben Mallory can get compensation and justice for the harm Ohio University has caused him.”

Roller declined to comment on the amount her client would seek from OU.

Mallory has not asked the attorney general’s office for specific damages, Hardgrove said. The attorney general’s office represents state agencies, such as OU, during legal proceedings.

The court will consider how much one comment damaged Mallory’s reputation, Burns said. He said he believes Mallory was living in Canal Winchester at the time an Athens newspaper published the comment.    

Roller said the publication of the comments defaming Mallory “took away some of the relief Ben had of not having being found guilty of sexual battery.”      

This 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 following an evening of drinking.

Mallory faced sexual battery charges, which were dismissed by former Athens County prosecutor Bill Biddlestone after a hung jury.

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 violations, breach of contract, defamation and negligence.

Mallory also sued three former James Hall residents and DeLong for defamation.

DeLong counter-sued Mallory in district court and brought suit against him in Athens County Common Pleas Court.

Mallory and DeLong settled their civil cases out of court, dismissing the cases from both the common pleas and district courts.