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DONNELLY v. UNIVERSITY OF NORTH CAROLINA

No. COA14-208.

763 S.E.2d 154 (2014)

John F. DONNELLY, Jr., Petitioner/Appellant, v. UNIVERSITY OF NORTH CAROLINA, Board of Governors of the University of North Carolina, and University of North Carolina at Chapel Hill Public Safety Department, Respondents/Appellees.

Court of Appeals of North Carolina.

September 2, 2014.

Attorney(s) appearing for the Case

Rech Law, P.C., by Kate A. Rech for petitioner-appellant.

Attorney General Roy Cooper , by Assistant Attorney General Matthew Tulchin , for respondent-appellee.

STEELMAN, Judge.

A decision by an administrative agency to indefinitely ban petitioner from all University of North Carolina athletic facilities did not violate petitioner's First Amendment rights. The ban was not arbitrary, capricious, or unsupported by substantial evidence, and therefore did not violate N.C. Gen.Stat. § 150B-51. University officials did not misuse their power to retaliate against petitioner.

I. Factual and Procedural Background...

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