JOHN OIRYA v. BRIGHAM YOUNG UNIVERSITY

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INTRODUCTION:

Between 2002 and 2013, John Oirya was a student and employee at the Mormon Church-owned Brigham Young University (BYU) in Provo, Utah. Beginning early 2013, BYU took a series of unlawful disciplinary actions against him, including permanently terminating his employment on January 11, 2013, and permanently expelling him from the university on March 20, 2013.

The school fraudulently invented dozens of accusations against him, beginning around 2005 through 2014, and relied upon these accusations to take its disciplinary actions against him. The accusations are contained in 1,131 pages of documents that the university produced for him. BYU claims in court filings that it has “substantial evidence” proving its accusations. However, the university has failed to produce its claimed “substantial evidence” in court, effectively failing to prove Mr. Oirya’s guilt as required by the law. Nonetheless, U.S. federal courts have relied upon admittedly “nonexistent evidence” to find Mr. Oirya guilty of BYU’s unproven accusations.

According to Court records (reproduced below), the U.S. District Court for the District of Utah unlawfully failed to obtain and review BYU’s disciplinary records for the existence of BYU’s claimed “substantial evidence” of guilt against him. Mr. Oirya appealed the District Court’s decision in the U.S. Court of Appeals for the 10th Circuit. The Appellate Court ruled that “BYU had no need to muster evidence supporting its factual finding” of Mr. Oirya’s guilt and produce it in courts, and also tossed out his lawsuit.

On November 2, 2021, Mr. Oirya filed a Petition in the U.S. Supreme Court, seeking the Supreme Court to overturn these unlawful rulings. He is seeking to have federal courts order BYU to produce in court its alleged evidence of its host of accusations against him, so he could confront that evidence and prove his innocence in court, as guaranteed to him by the laws in the U.S. Constitution.

COURT RECORDS AND OTHER DOCUMENTS:

Date:

Description of Document
Links

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH

2017-02-07

John Oirya’s Amended Complaint against Brigham Young University (BYU)

PDF
2017-12-29
John Oirya’s Second Amended Complaint against BYU
PDF
2018-07-09
U.S. District Court Transcript by Judge Bruce S. Jenkins
PDF

UNITED STATES COURT OF APPEALS FOR THE 10TH CIRCUIT

2020-06-15

John Oirya’s Opening Brief Appealing the U.S. District Court’s Ruling in favor of BYU

PDF
2020-08-14
BYU’s Response Opposing John Oirya’s Appeal
PDF
2020-09-04
John Oirya’s Reply to BYU’s Response to his Appeal
PDF
2021-05-12
Court Order by 10th Circuit Court Denying John Oirya’s Appeal
PDF
2021-05-25
John Oirya’s Petition for Rehearing to 10th Circuit Court
PDF
2021-06-08
Court Order by 10th Circuit Court Denying John Oirya’s Rehearing Petition
PDF

UNITED STATES SUPREME COURT

2021-11-02
John Oirya’s Petition to U.S. Supreme Court and Evidentiary Appendix
PDF

OTHER DOCUMENTS

2021-02-25
BYU’s Report on Racism on Campus
PDF