Ball to be Back in Court

A Queens County Supreme Court judge ordered a former student’s permanent record cleaned of any misconduct, according to court papers obtained by the Torch.

Judge Roger Rosengarten ordered on April 18 that the University’s Conduct Board’s July 18, 2012 ruling that James Ball, then a sophomore at St. John’s, was guilty of misconduct be vacated because, “the decision of the panel does not articulate any basis for its finding of Misconduct.”

A St. John’s spokesman declined to comment on the ruling, saying the University has “no comment on pending litigation concerning the trial.
Rosengarten originally ruled in January that the University had acted in within the guidelines of the Student Code of Conduct.

Ball’s lawyer, and mother, Ann Ball told the Torch then that she had planned to appeal because she thought “[the judge] may have overlooked a salient part of my papers on St. John’s burden of proof.”

Speaking to the Torch this week, Ball said, “the ruling is now favorable.”

Ball also is suing the University in a separate case, citing breach of contract and seeking an unspecified amount of money for damages.

The case stems from Ball’s off-campus arrest in April of last year.

At the time, Ball was of accused “very serious crimes,” by another University student, according to court papers obtained by the Torch.

The Queens District Attorney decided not to pursue the charges against Ball, dropped the charges and had the file sealed.

Calls to New York City Police and Queens District Attorney’s office back in October confirmed that Ball does not have an arrest record.

The Torch is not identifying the other student named in the lawsuit because of the nature of the allegation.

According to Ball’s lawyer, James attended classes as usual on the first schoolday after the arrest.

However, he received an email at the end of that day informing him that he had been suspended for the remainder of the Spring 2012 semester.

Ball was then ordered to appear at a University disciplinary hearing on July 18 where a University panel ultimately found him in violation of misconduct — the ruling that was overturned by Judge Rosengarten— and suspended him for the Fall 2012 semester.

According to Ball’s lawyer, he is now attending a different school and has “no interest in coming back to St. John’s.”

The two sides will meet next in court on May 10.

The other student counter-sued Ball and, according to Ball, the lawyers are asking to have the cases consolidated.

Ball said she will oppose the motion.