Sunday, July 26, 1998 5 CADETS ASK TO BE READMITTED TO VMI APPEALS FILED WITH BOARD OF VISITORS By THE ASSOCIATED PRESS VMI expelled six cadets in May for lying about a spanking incident that occurred among them. Five of six cadets expelled from the Virginia Military Institute in May over a series of spankings are asking the school's governing board to let them back in. The six were expelled for lying about the beatings, and VMI's honor code prescribes but one penalty for lying: expulsion. The former cadets initially appealed their expulsions to a U.S. District judge in Roanoke, but he told them that, although their treatment raised ``grave questions of constitutional magnitude,'' he was reluctant to rule on the case until they had exhausted appeals with the school. Two of the three seniors filed appeals with VMI's board of visitors several weeks ago, and the three expelled freshmen filed appeals Thursday. The remaining senior has until Tuesday to appeal to the board. The six were drummed out of VMI's cadet corps in May. A seven-member student Honor Court found that the three freshmen initially lied when they told upper-class investigators they had not been beaten by the three seniors; and the seniors lied when they also denied the beatings, which involved a belt. VMI officials say the three seniors were punishing the freshmen for infractions ranging from listening to country music to spilling a drink. The seniors were the freshmen's ``dykes,'' or mentors. Attorneys for the three freshmen contend the cadets' constitutional rights were violated when they were awoken shortly after midnight Feb. 10 and told they would be expelled unless they talked about the beatings to student investigators. They also were told they couldn't discuss the incident with anyone but the investigators. Frightened and with no way of seeking counsel, the freshmen were forced to choose between following an honor code that forbids lying or following a VMI tradition that demands they remain loyal to their dykes, according to their attorneys. The seniors initially denied knowledge of the spanking incidents but later admitted their roles. They contend their original false statements should not be used against them because, like the freshmen, they were coerced into talking during midnight interrogations. Their appeals will go to the board of visitors' appeals committee Aug. 28, with the full board discussing the matter Aug. 29. VMI spokesman Col. Mike Strickler declined to comment on the appeals, saying the matter involves student privacy issues. Lexington attorney Steve Grist, who represents the freshmen, said they will take their appeals back to U.S. District Judge James Turk if the VMI board doesn't allow them to return to the school.