
                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: THURSDAY, June 10, 1993                   TAG: 9306090410
SECTION: VIRGINIA                    PAGE: C-2   EDITION: STATE 
SOURCE: Associated Press
DATELINE: NEWARK, N.J.                                LENGTH: Medium

FORMER STUDENT FILES LAWSUIT OVER VMI CODE

A New Jersey man expelled from Virginia Military Institute is charging there is no honor in the college's honor code. He claims the code, similar to those at West Point and Annapolis, is unconstitutional.

Philip J. Sorbera II of Linden is seeking readmission to VMI. The state-supported school in Lexington, Va., also is involved in a legal battle over its males-only admissions policy.

In a lawsuit filed last month in U.S. District Court, Sorbera noted there have been other challenges. But no Honor Court decision has been overturned," VMI spokesman Lt. Col. Mike Strickler said Wednesday, refering to the student-run body that expelled Sorbera.

Sorbera entered VMI in September 1988. He was to graduate in 1992 as a history major, according to court papers and the school. At the time, out-of-state students paid about $11,000 a semester for tuition, room and board, and other costs.

Sorbera, 23, is now a junior at Seton Hall University in New Jersey. Neither he nor his lawyer, Anthony Fusco, returned messages Wednesday seeking comment.

In April 1990, he was accused of making a "false official statement" to a fellow cadet, and of making a "false official statement" in answering a report.

"False official statements" are lies, Strickler said. The dispute stems from questions about Sorbera's participation in intramural athletics.

The code prohibits a cadet from lying, stealing or cheating, and from tolerating those who do.

At a hearing the student-run Honor Court held May 2, 1990, Sorbera was found to have violated the honor code and was expelled, according to court papers.

The lawsuit charges that the honor code deprived Sorbera of his First Amendment rights, and he was also denied a "full and fair hearing," in violation of the 14th Amendment.

It also alleged that Sorbera wasn't permitted counsel during the hearing, and couldn't offer supporting witnesses or question witnesses against him.

Strickler denied that the Honor Court bars counsel. He said court decisions are sent to the superintendent for review.

"He could overturn. To my knowledge, that has never happened," he said.

by CNB