Lampert v. State Univ. of N.Y. At Albany

• Decision Date: 17 April 2014
• Parties: In the Matter of Daniel LAMPERT, Petitioner, v. STATE UNIVERSITY OF NEW YORK AT ALBANY, Respondent.
• Court: New York Supreme Court — Appellate Division

116 A.D.3d 1292

984 N.Y.S.2d 234

2014 N.Y. Slip Op. 02657

In the Matter of Daniel LAMPERT, Petitioner,

v.STATE UNIVERSITY OF NEW YORK AT ALBANY, Respondent.

Supreme Court, Appellate Division, Third Department, New York.

April 17, 2014.

Robert M. Cohen, Ballston Lake, for petitioner.

Eric T. Schneiderman, Attorney General, Albany (Jonathan D. Hitsous of counsel), for respondent.

Before: PETERS, P.J., LAHTINEN, ROSE and EGAN JR., JJ.

ROSE, J.

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent which, among other things, placed petitioner on disciplinary suspension.

Petitioner, a student at respondent and a member of a fraternity, hosted a weeknight party at his off-campus apartment during the peak of respondent's fraternity pledging period. Local police, responding to complaints of noise at the apartment, discovered underage drinking as well as three individuals whose dangerous levels of intoxication required medical assistance. Petitioner and his roommates were arrested and respondent referred them to its disciplinary process for violating the student code of conduct regarding hazing, alcohol, compliance and disruptive conduct. After a hearing before respondent's Judicial Board, petitioner was found to be in violation of each charge and was suspended from November 2012 through May 2014. The determination was upheld on administrative appeal, and this proceeding ensued.

Petitioner limits his substantive challenge to the determination that he violated the hazing and alcohol provisions of the code of conduct, claiming that the evidence does not support those charges. The code of conduct defines hazing as “any reckless or intentional conduct in connection with the initiation into or affiliation with any organization which degrades, humiliates or endangers the mental or physical health of any person, regardless of the person's willingness to participate.” An alcohol violation is defined as “[u]se, possession, or distribution of alcoholic beverages except as expressly permitted by the law and University regulations.” Our review of the record with respect to each of these claims is limited to whether respondent's determination is supported by substantial evidence ( seeCPLR 7803[4]; Matter of Schwarzmueller v. State Univ. of N.Y. at Potsdam, 105 A.D.3d 1117, 1120 n., 962 N.Y.S.2d 752 [2013] ). We find that it is.

Upon responding to the apartment, the police found 30 to 40 underage drinkers, half of whom fled out the back door, a keg of beer and multiple bottles of liquor, a 15–gallon plastic tub of vomit on the floor in the living room, “dirt and vomit all over the floor” and three students so intoxicated as to require medical attention. Each of those three students had expressed interest in joining petitioner's fraternity. Petitioner's roommates were officers of the fraternity, their apartment was adorned with fraternity paraphernalia, the fraternity had no house of its own and one of the roommates told police that the party was “for the pledges.” This evidence and the reasonable inferences to be drawn therefrom support the determination that petitioner violated both the hazing and alcohol provisions in the code of conduct by recklessly allowing alcohol to be consumed in excess at a party held for his fraternity at his apartment, thereby endangering the physical health of three underage students interested in becoming members of the fraternity. Petitioner's contentions that the party had nothing to do with the fraternity, no hazing occurred and he was unaware that any of the attendees were so intoxicated as to require medical attention presented credibility issues that were within the sole province of respondent to determine, and we will not disturb them ( see Matter of Dewitt v. New York State Bd. of Law Examiners, 90 A.D.3d 1457, 1458, 935 N.Y.S.2d 726 [2011],lv. denied18 N.Y.3d 810, 2012 WL 1085572 [2012];Matter of Ernst v. Saratoga County...