IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

AUDREY LYNN HUBLER : CIVIL ACTION

 :

v. :

 :

WIDENER UNIVERSITY : NO. 05-01785-JF

BRYAN UBER : CIVIL ACTION

 :

v. :

 :

WIDENER UNIVERSITY : NO. 05-01920-JF

MEMORANDUM AND ORDER

Fullam, Sr. J. February 22, 2006

The above-captioned cases arise from a somewhat related

series of events on the campus of Widener University, and have

been consolidated for all purposes. The defendant has filed

motions for summary judgment in each of the cases, and the

plaintiff Audrey Lynn Hubler has also filed a motion for summary

judgment as to liability.

The complaint of Audrey Lynn Hubler asserts that, over

a period of several months, she was stalked and sexually harassed

by a fellow student, and that the University failed to take

appropriate action, and exhibited studied indifference to her

plight. The summary judgment record makes clear that there are

significant disputes of material fact which preclude the grant of

summary judgment to either side in her case. 

Case 2:05-cv-01785-JF Document 44 Filed 02/22/06 Page 1 of 4
2

The plaintiff Bryan Uber is Audrey Lynn Hubler’s

boyfriend, and was her classmate at Widener during the relevant

period. He was accused by several fellow students of bizarre

behavior which caused them to fear for their own safety. They

asserted that on numerous occasions, many of which were

associated with his consumption of alcoholic beverages, he

graphically described how he could kill people, and made

statements which placed them in fear for their own safety. They

were not, apparently, reassured by his occasional statements that

he would not kill any females, because he did not believe in

killing women. 

In response to their complaints, the University

authorities conducted a disciplinary proceeding, including an

evidentiary hearing at which the accusers and Mr. Uber testified. 

Mr. Uber was found guilty of threatening the safety of other

students and was suspended for the balance of the year, with the

privilege of applying for readmission at the conclusion of the

school year. When he applied for readmission, however, his

application was denied and he was permanently expelled from the

school. His appeal was not aided by the fact that the appeal

letter was splattered with blood when it was received by the

University. Mr. Uber explains that it was not his blood, but

rather stemmed from a nosebleed suffered by his then-attorney,

who had drafted the letter. According to Mr. Uber, the attorney

Case 2:05-cv-01785-JF Document 44 Filed 02/22/06 Page 2 of 4
3

(Allen Feingold, Esq.) was pressed for time and did not wish to

delay delivery of the letter, and also expressed the view that

the blood spatters would give the letter greater impact.

I am unable to perceive any basis for a claim of

constitutional violation in Mr. Uber’s case. If the persons

conducting the evidentiary hearing accepted the testimony of the

complainants, there was adequate support for the disciplinary

action taken. The most that can be said is that Mr. Uber may

have been treated more harshly than the student who allegedly

harassed Ms. Hubler, but that does not suffice to show a

violation of Mr. Uber’s constitutional rights. A defendant who

is convicted after a trial which accords him due process of law

cannot successfully complain because someone else may have been

wrongfully acquitted. Accordingly, the defendant’s motion for

summary judgment in Mr. Uber’s case will be granted.

An Order follows.

Case 2:05-cv-01785-JF Document 44 Filed 02/22/06 Page 3 of 4
4

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

AUDREY LYNN HUBLER : CIVIL ACTION

 :

v. :

 :

WIDENER UNIVERSITY : NO. 05-01785-JF

BRYAN UBER : CIVIL ACTION

 :

v. :

 :

WIDENER UNIVERSITY : NO. 05-01920-JF

ORDER

AND NOW, this 22nd day of February 2006, IT IS ORDERED:

1. That the motion of plaintiff Audrey Lynn Hubler

for partial summary judgment is DENIED.

2. That the motion of the defendant, Widener

University, for summary judgment is DENIED as to plaintiff Audrey

Lynn Hubler, and GRANTED as to plaintiff Bryan Uber.

3. Civil Action No. 05-1920 is DISMISSED with

prejudice.

BY THE COURT:

/s/ John P. Fullam 

John P. Fullam, Sr. J.

Case 2:05-cv-01785-JF Document 44 Filed 02/22/06 Page 4 of 4