Former student sues Board of Governors, professor

 Former Marshall University student Emily Perdue, daughter of state treasurer John Perdue, is suing Marshall University Board of Governors and her former professor, Laura Wyant. 

Perdue was involved in a university investigation in September 2009 after it was reported that she may have received unfair grades that did not match the work she put forth in two independent courses. 

The civil complaint, filed Friday in the Circuit Court of Cabell County, lists three causes of action: violation of right of privacy, violation of Marshall University policy, and violation of the federal Family Education Rights and Privacy Act.

The complaint states on or about Sept. 25, 2009, employees or agents of the Board of Governors, acting within the course and scope of their employment or authority, improperly released the transcript of Perdue's grades and personal information to third parties. The complaint accuses Wyant of the same allegation.

Perdue also claims that she complained to Marshall University about the unauthorized release of her grades, but the Board of Governors failed to take any corrective action. In fact, she said, Wyant continued to release information through personal interviews and statements.

The complaint also states Marshall University and Wyant acted intentionally in releasing her transcripts and are thus subject to punitive damages.

Perdue claims she has suffered great emotional distress and harm, had to terminate her prior employment due to continuing harassment, had to relocate at a great expense, lost her financial aid in completing her education at another educational institution and suffered great embarrassment and a loss of ability to enjoy life.

The claim also states the damages as alleged herein are permanent in nature and "will continue to haunt the Plaintiff in her daily life."

According to West Virginia Code Chapter 29B, Freedom of Information, Article One: Public Records, 1-4, Exemptions: information of a personal nature such as that kept in a personal, medical or similar file, if the public disclosure thereof would constitute an unreasonable invasion of privacy, unless the public interest by clear and convincing evidence requires disclosure in the particular instance. 

Wyant did not immediately return a phone call to her office. Matt Turner, Marshall's chief of staff, said they are aware of the lawsuit and it has been directed to the appropriate counsel but he cannot comment on the pending litigation due to university policy. 

Rosalyn Templeton was the dean of the College of Education and Human Services during the time of the Perdue grade controversy. She testified before a federal grand jury about the matter.

Templeton left Marshall last month to assume duties of provost and vice chancellor of Academic Affairs at Montana State University-Northern, according to that university's newsletter.

Emily Perdue is seeking monetary relief of more than $100,000 in addition to the costs of the suit and attorney fees.

Andrea Rectenwald can be contacted at rectenwald2@marshall.edu.