A federal judge last week sided with the University of Colorado Denver, concluding a student failed to provide evidence his expulsion was the product of bias that infringed on his constitutional right to due process.

Chadwick Jordan, representing himself, alleged CU-Denver denied him an impartial decision-maker in various disciplinary proceedings. Specifically, he believed David Steward, who made the initial decisions to suspend and then expel Jordan, was prejudiced against him and was “deliberately trying to paint me in a bad light.”

But in a Feb. 21 order, U.S. District Court Senior Judge Raymond P. Moore determined Jordan’s own claims of bias were the only evidence supporting his narrative. That was not enough for Jordan to prevail, Moore noted.

“Here, the Court has little trouble concluding that the process afforded to Plaintiff adequately satisfied due process requirements,” wrote Moore. “He received notice of each of the conduct proceedings and participated in disciplinary conferences with (Steward). Further, he exercised his right to appeal the outcomes of those conferences.”

Moore added it was Jordan’s burden to produce evidence to show Steward’s neutrality was in question, but Jordan “has failed to do so.”

While Jordan was a student at CU-Denver, he became hostile when talking with financial aid staff, leading multiple employees to file incident reports. Steward, the director of student conduct and community standards, opened a misconduct investigation. He met with Jordan in August 2017 and ultimately found Jordan responsible for abusive behavior and disruption.

Consequently, Jordan received a suspension through the remainder of the fall semester. An administrator upheld the decision on appeal.

The following March, Steward again initiated an investigation after learning Jordan was criminally accused of threatening to kill his neighbor and had purchased a semiautomatic rifle. Although Jordan was in custody, the two men talked by telephone in July 2018. Steward then imposed a sanction of expulsion after finding Jordan violated campus policies against threats, weapons and drug possession. Once again, an administrator affirmed the decision on appeal.

Jordan, who is currently incarcerated on multiple assault convictions, argued his misconduct proceedings lacked impartiality and violated his right to due process.

“David Steward has been deliberately trying to paint me in a bad light. He has been biased and discriminatory from our very first in counter (sic),” Jordan wrote in one appeal of his sanctions. “During this first incident, he called me a liar and said I did not deserve to be at the University of Colorado.”

“Jordan cannot point to any evidence supporting those false allegations beyond his own written statements to CU-Denver and to this court,” responded the Colorado Attorney General’s Office. “The undisputed evidence demonstrates that Jordan was suspended for threatening others and then expelled for threatening behavior, illegal possession of firearms, and possession of illegal drugs, and not because of his claim of bias against him.”

Moore agreed with the university, noting Jordan had notice of the charges against him, the ability to be heard and had each of his appeals considered by someone other than Steward. Jordan needed to make a “substantial showing of personal bias” on Steward’s part, but Moore found the only evidence was Jordan’s own claims.

“That is, essentially, what Plaintiff’s case boils down to,” he concluded.

The case is Jordan v. Steward.