ROBERT BARBER filed a petition for review and a motion to stay with Whitman County Superior Court on Wednesday. If the motion is granted, it would clear the way for the fif...

The documents appear to offer insight into the "extenuating circumstances" in the case that Barber's advocates have alluded to over recent weeks. One of the filings states that the complainant in the case was "snorting white powder" at the party where the summer melee broke out and ultimately landed Barber in front of the WSU Conduct Board. The complainant said the white powder was crushed caffeine pills.

Barber's attorney, Stephen Graham of Spokane, states in the Motion to Stay, that:

"Robert Barber has suffered irreparable harm as he is being deprived of his liberty and property rights which are granted by the United States Constitution Due Process Clause."

"Mr. Barber does not pose a threat to the safety of other students. The alleged incident happened back in July, 2016, and Mr. Barber has not been in any trouble since. If the school felt Mr. Barber was a true danger to his classmates they could have sought an interim suspension."

"WSU expelled Robert Barber but did not provide proper due process when depriving him of his liberty and property rights when carrying out sanctions. Nevertheless, the University Appeals Board affirmed the finding of misconduct."

In the petition for judicial review, Graham writes:

"The hearing conducted by Lisa McIntyre (of the Conduct Board) was riddled with procedural errors. Mr. Barber attempted to submit cross-examination questions to the conduct board director, but she did not ask all the questions Mr. Barber proposed. These questions were posed to the Complainant in relation to Mr. Barber’s self-defense claim. The Complainant also submitted written questions and or written comments. The written questions by Mr. Barber, and the written questions or comments of the Complainant were destroyed by school staff. Lisa McIntyre read the written comment or comments of the Complainant to herself, but did not share this with Mr. Barber. Lisa McIntyre threw away what was written by the Complainant thus destroying the record. This amounted to improper ex parte contact. Additionally, when Lisa McIntyre had the police detective testify, he was under oath only for part of his testimony. Comments throughout the hearing by Lisa McIntyre and the board showed bias and discrimination against Mr. Barber. Lisa McIntyre claimed that Mr. Barber looked angry or mad in the video even though the video only showed Mr. Barber’s back. The only part of Mr. Barber that was visible was his clothing and the color of his skin. Mr. Barber was polite and professional with the board, but Lisa McIntyre forced Mr. Barber to leave the room when the Complainant testified and directed him to another room to listen via speakerphone. It was hard for him to hear."

In what figures to be one of the most inflammatory comments to come out of the Conduct Board's deliberations, Graham states that, "When Mr. Barber was out of the room, the conduct board whispered about him, and joked that Mr. Barber was being sent to a “holding cell”. The Complainant was in the room at this time. (Mr. Barber doesn’t have a criminal record, has never been charged with a crime, and had no disciplinary history of suspensions or detentions at the high school he graduated from.) During the time Mr. Barber testified, he was interrupted by Lisa McIntyre and his advisor called for a recess so he could caution Mr. Barber to not let anyone put words in his mouth."

The filing from Graham cites multiple reasons why Barber should be granted relief after decisions adverse to Mr. Barber from the WSU Office of Student Conduct, the Conduct Board and Appeals Board, including but not limited to:

WSU failed to retain Mr. Barber’s cross-examination questions.

WSU failed to ask relevant Cross-Examination Questions

WSU improperly considered testimony not under oath.

WSU improperly tolerated ex parte contact during the hearing.

WSU improperly acted with bias against Robert Barber.

RELATED STORY: Why Schultz won't comment on Robert Barber