Oral arguments presented in Palo v. Iowa Board of Regents

Senior guard Bubu Palo sits on the bench during his first game of the 2014 season after rejoining the team days earlier.

Kyle Heim

Oral arguments for the Palo v. Board of Regents case were presented Monday at the Iowa Events Center. 

Jeffrey Thompson presented the arguments on the behalf of the Board of Regents, while Bubu Palo’s attorney, Matthew Boles, presented arguments on the behalf of Palo.

Palo, a former ISU basketball player, was charged with sexual assault Sept. 18, 2012. He was also charged with violating the ISU Student Conduct Code and suspended from the basketball team. 

The criminal charges were dismissed on Jan. 14, 2013, and Palo was reinstated to the basketball team.

ISU President Steven Leath issued a final decision on Aug. 30, 2013, finding Palo had violated Iowa State’s Student Disciplinary Regulations. The decision was upheld by the Board of Regents on Dec. 5, 2013. Palo was suspended from the basketball team, but was still able to attend classes.

An administrative law judge ruled in May 2013 that charges by the university relating to the code of conduct were “not founded.”

Steven Oathe, Story County district judge, ruled against Leath’s decision in August 2014. Palo was reinstated to the basketball team, but did not play in any games. 

Thompson said on Monday that the final decision maker in cases regarding Iowa State’s student code of conduct should be the Board of Regents. He said the board is best suited to make the decision, not the courts.   

Boles said Palo was proven to be credible, while his accuser was proven not to be credible because of the fabrication of evidence involving the tear in the accuser’s blouse. 

Boles had used the same arguments involving the credibility of the accuser to get the criminal charges against Palo dropped in January 2013.