By Brian Troutman
btroutman@abcnews4.com
CHARLESTON, S.C. (WCIV) -- The father of a girl whose phone number appeared on a pornographic website is suing The Citadel and the cadet believed to be responsible.
On December 14, local attorney Lawrence E. Richter, Jr. filed the lawsuit on behalf of Randy Upton of Oxford, Ga. The lawsuit accuses The Citadel and former cadet Andrew Steven Smith of negligence. Smith is also accused of invasion of privacy and defamation.
According to the suit, Smith posted the name and contact information of Upton's daughter next to a photo of a naked woman on the website sextingpics.com.
Upton's daughter appeared before The Citadel Commandant's Board on March 21, 2011. At that meeting, the suit makes note that Andrew Smith apologized for his action.
But the Uptons believe appropriate action was not taken by The Citadel after that meeting.
"Since November 15, 2010, -------- and her family have been living in fear that has consumed her life and destroyed her sense of safety within her home, her community and society at large," the lawsuit reads. "This fear is directly attributable to defendant Smith's placement of -------- personal information on a pornographic website and defendant Citadel's failure to take any steps to ensure such placement could not, or would not happen."
This new lawsuit now brings the count of cases currently open against The Citadel to at least four.
Citadel attorney Dawes Cooke said The Citadel cooperated 100 percent with the family in every possible way. He said such matters are taken very seriously at The Citadel.
"They (The Citadel) did take appropriate action," he said.
Cooke said he could not comment on the specifics of any disciplinary action taken against Smith due to specifics of the Family Education Rights and Privacy Act (FERPA).
"This one is tricky, because we are not allowed to say anything about the discipline give out in this case," Cooke said. "I can say that he is not currently enrolled as a student at The Citadel."
