A University student, who pleaded guilty to aggravated assault with intent to rape, is on track to graduate in June as he sues President Michael Adams for upholding his suspension from school.

Joshua Clay Oliver was issued a year-long suspension in Spring 2006 but has not served one day of it. Found in violation of University policy for “furnishing false information to any University official,” Oliver has used appeals, and now a civil lawsuit in federal court, to circumvent the sanctions.

“Our hands are tied,” Tom Jackson, vice president for public affairs, said. “The court ordered him to stay in school.”

Jackson added Oliver could graduate from the University before the case is decided.

Oliver, who is taking 15 credit hours this semester, refused to comment as he was leaving one of his classes Wednesday morning. If he passes all of his courses this spring, he needs only six credits to get a degree in International Affairs.

Bogart attorney Blaine Norris is representing Oliver in a lawsuit against Adams and the Board of Regents of the University System of Georgia. Norris could not speak to the specifics of the case, but said he wanted to clarify facts.

“He’s not a convict,” Norris said of Oliver. “He doesn’t have a conviction. He’s never been convicted of a felony or any other crime.”

Oliver initially was charged with rape and aggravated assault with attempt to rape, stemming from an October 2000 incident.

The arrest report detailed the incident as follows:

“(The woman) went into a room with the suspect and laid down in the bed with him … She told him that she didn’t want to have sex with him and his reply was that if they weren’t going to do anything they should just go to sleep. They slept for a short period and then he woke her up again and they started kissing again.

Then he pushed her up against the wall and pushed her shorts out of the way and penetrated her. The victim stated that she told the suspect to stop several times and that she told him that he was hurting her. He pulled out of her just prior to ejaculation and ejaculated on her stomach area.”

Under an agreement with the court, the charge of rape was dropped and Oliver entered a guilty plea to the second charge. He was placed on 10-years of probation and given first offender status, which allows him to receive sentencing for the crime but not admit guilt.

Because of his plea, Oliver was advised by lawyers in 2005 to check “no” to the University application question “Have you been convicted of a crime other than a minor traffic offense?” with the addendum “Convictions shall include: A finding of guilty by a judge by a judge or jury, a plea of guilty or a plea of nolo contendere.”

Oliver was admitted to the University in Fall 2005.

After a story published by The Red & Black in April 2006 revealed Oliver checked “no” on his application, the University investigated and found him in violation of school policy. The Office of Judicial Programs held a formal hearing and sentenced Oliver to a one-year suspension beginning in May 2006.

But Oliver appealed the decision, first to Patricia Daugherty, assistant vice president for student life, then to Adams. After Adams denied the appeal, Oliver took it to the Board of Regents, who declined to grant his application for review. During the appeals process, Oliver was allowed to attend class.

According to the University Code of Conduct, a decision by the regents is final and binding. Oliver’s suspension should have started at that point.

It didn’t. That was Sept. 13, 2006.

Two weeks later, Oliver filed a lawsuit and was granted a Temporary Restraining Order, which states he must remain in school until the issue is resolved.

Two years later, no resolution is imminent.

Jackson said a federal judge would need to support the University’s motion for summary judgment to jump start the suspension.

“If granted, he’ll be out of here,” Jackson said.

Jackson said he could not remember a case when students used the appellate process to override sanctions issued by the Office of Judicial Programs.

“We’re at the mercy of the court,” he said.

Although the judicial proceedings at the University were complete, those at the federal level took precedent. But the Code of Conduct states, “Proceedings under this code may be carried out prior to, simultaneously with or following civil or criminal proceedings.”

Had Oliver served his suspension, there was no guarantee he’d be let back in. Under the provisions of the sanctions, he “must reapply for admission, correctly fill out (his) application and be accepted by the Office of Admissions.”

Oliver now maintains a 2.98 overall undergraduate grade point average, according to court documents. Only 42 percent of undergraduate transfer applicants were accepted to the University last fall, according to the University Fact Book, with an average GPA of 3.34.

The court case, which was sealed at one point, came to light in early February after Oliver filed a personal affidavit and response to the Adams motion for summary judgment.

In court documents, Oliver states: “My primary, almost sole desire … is to be able to complete my degree in education at UGA, graduate, and receive my diploma from UGA.”

Legal documents for Joshua Clay Oliver: Oliver Documents