Excommunicated Mormon appeals for diploma

Excommunicated Mormon appeals for diploma


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SALT LAKE CITY (AP) -- The Las Vegas entrepreneur excommunicated by the Mormon church after publishing a calendar featuring shirtless returned missionaries on Friday appealed a decision by Brigham Young University to withhold his diploma.

Chad Hardy was told that his July excommunication from The Church of Jesus Christ of Latter-day Saints made him ineligible for graduation. He had participated in the school's August commencement ceremonies.

In a letter sent Friday to the office of Norman Finlinson, executive director of BYU's Student, Academic and Advisement Services, Salt Lake City attorney Stephen C. Clark demanded the school award the diploma or hold a formal appeals process, which Hardy never had.

Failing to give Hardy a fair hearing could prompt legal action, Clark's letter said.

Clark said BYU violated some of its own policies in its handling of Hardy's case. That includes failing to warn Hardy in advance that his eligibility was in jeopardy before taking disciplinary action, he said.

BYU spokeswoman Carri Jenkins confirmed receipt of the letter Friday, but said she could offer no further comment.

Hardy, 31, is the creator of the "Men on a Mission" calendar featuring returned missionaries posing shirtless in black suit slacks.

He was excommunicated July 13 by a council of Las Vegas-based church leaders. Officially, the loss of membership was for conduct unbecoming a church member. In addition to the 2008 calendar, the charges were rooted in his failure to pay tithing and a lapse in other religious obligations, a senior church elder involved in the proceedings told The Associated Press in July.

School officials have said in the past that to be in good standing, students are required to be in compliance with a school honor code that dictates conduct and behavior standards that mirror the religious principles of the church.

Hardy attended BYU full-time between 1999 and 2002, but left before completing all graduation requirements. He finished his last four units -- a religion course in church history -- through an independent study program online in June.

Clark also said Hardy should have been awarded a diploma because the school doesn't require independent study students to be in compliance with the honor code.

Copies of the letter to BYU and a letter sent Friday to church headquarters were obtained by AP.

Clark's second letter asked the church to publicly state the reasons for Hardy's excommunication, so that he can "clear his good name."

Hardy has said the disciplinary hearing that led to his expulsion centered on the calendar. In Clark's letter, he said the church has disputed that assertion, which he said creates the impression that Hardy engaged in other "serious immoral or illegal conduct" that led to his expulsion. Hardy denies any such conduct.

A church spokeswoman said she couldn't comment on the letter Friday because it had not yet been received.

(Copyright 2008 by The Associated Press. All Rights Reserved.)

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JENNIFER DOBNER Writer

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