SNYDER v. MILLERSVILLE UNIVERSITY et al

Filing 34

RESPONSE in Opposition re 33 MOTION for Summary Judgment Plaintiff's filed by STACY SNYDER. (Attachments: # 1 Errata Buffington note, # 2 Errata Bray dep and exhibits, # 3 Errata Student teacher roster CVSD, # 4 Affidavit Exhibit E- Voigt affidavit, # 5 Errata Wenrich dep)(VOIGT, MARK)

SNYDER v. MILLERSVILLE UNIVERSITY et al

Doc. 34 Att. 4

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA STACY L. SNYDER, : : CIVIL ACTION : v. : NO.: 07-1660 : MILLERSVILLE UNIVERSITY, J. BARRY : JURY TRIAL DEMANDED GIRVIN, DR. JANE S. BRAY, DR. VILAS : A. PRABHU, DR. JUDITH WENRICH and : DR. BEVERLY SCHNELLER : Defendants : ______________________________________________________________________________ Plaintiff AFFIDAVIT OF MARK W. VOIGT, ESQUIRE 1. I, Mark W. Voigt, Esquire, am an adult individual and the Plaintiff in the above-

captioned matter. I make this Affidavit in opposition to Defendants' Motion for Summary Judgment.

2.

By letter dated January 28, 2007, I requested MU provide Stacy with an impartial

due process hearing in accordance with her constitutional rights as well as MU's Student Code of Conduct. In response, Bray, Girvin and Prabhu, in their individual capacities, offered Plaintiff only an "academic appeal" before Prabhu. (Id.) 3. On February 21, 2007, Prabhu, in his individual capacity, in consultation with Bray,

Wenrich and Girvin (in their individual capacities) conducted an "academic dismissal" hearing in this matter. I attended the hearing with Stacy. Prabhu refused to allow me to question either Stacy or any MU personnel. He would not allow me to speak during the hearing, much less argue in opposition to MU's expulsion of Stacy. By letter dated March 26, 2007, Prabhu, in his individual capacity, denied Stacy's appeal.

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4.

The foregoing facts are known by me to be true, of my own knowledge. I am

competent to testify to such facts, and I would so testify at the trial of this matter. I hereby declare under the penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed at Plymouth Meeting, PA on 4/18/08 Mark W. Voigt MARK W. VOIGT, ESQUIRE Validation of Signature Code: MWV6003

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