ASU responds to Helm civil suit allegations

Following the dismissal of a lawsuit filed by a former employee, Appalachian State University released a statement in refutation of several items found in the court document.

On Sept. 13, Lynn E. Drury, associate vice chancellor for university communications and cultural affairs, responded via e-mail concerning statements found in the suit, which had been filed by Jane Helm, former vice chancellor for business affairs.

With regards to the purchase of a tract of land Helm claimed led to her firing, Drury stated that on June 2, 2006, the ASU board of trustees of the Endowment Fund of Appalachian State University authorized its chairman to enter into an option agreement for the purchase of a 10.889-acre tract of land adjoining the university campus from Michael Cash and his wife, Jodi Cash.

According to Drury, on June 14, 2006, Robert G. Fox Jr., then chairman of the endowment fund board of trustees, executed an agreement with the Cashes under which the endowment fund board agreed to pay $10,000 for an option to purchase the property on or before Sept. 1, 2006 at a total price of $475,000. Under the terms of the agreement, the entire amount of the option fee was to be credited against the purchase price. The $10,000 check was issued June 20, 2006 from the Endowment Fund.

The option agreement was subsequently amended to extend the time to exercise the option to October 15, 2006. The university obtained the title to the property on Dec. 19, 2006 and the deed was recorded in January 2007. The agreed-upon $475,000 price remained the same, with the $10,000 cash option amount credited against the purchase check issued to Cash.

“Contrary to the assertions in Ms. Helm’s lawsuit, examination of records by Ms. Dalene Mast, director of internal audits for Appalachian, confirms that the university had sufficient monies to exercise the option and purchase the property through its endowment fund at all times between the date the parties entered into their agreement and the date when the transaction was completed,” Drury said.

— Melanie Davis, melanie@highcountrymedia.net