Monnat v. State Univ. of N.Y. at Canton
| Decision Date | 19 February 2015 |
| Citation | 4 N.Y.S.3d 331,125 A.D.3d 1176,2015 N.Y. Slip Op. 01513 |
| Parties | In the Matter of Samuel MONNAT, Petitioner, v. STATE UNIVERSITY OF NEW YORK AT CANTON, Respondent. |
| Court | New York Supreme Court — Appellate Division |
125 A.D.3d 1176
4 N.Y.S.3d 331
2015 N.Y. Slip Op. 01513
In the Matter of Samuel MONNAT, Petitioner
v.
STATE UNIVERSITY OF NEW YORK AT CANTON, Respondent.
Supreme Court, Appellate Division, Third Department, New York.
Feb. 19, 2015.
Hiscock & Barclay, LLP, Syracuse (James P. Evans of counsel), for petitioner.
Eric T. Schneiderman, Attorney General, Albany (Jonathan D. Hitsous of counsel), for respondent.
Before: McCARTHY, J.P., EGAN JR., LYNCH and CLARK, JJ.
Opinion
CLARK, J.
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in St. Lawrence County) to review a determination of respondent's Dean of Academic Support Services which, among other things, placed petitioner on disciplinary suspension.
Petitioner was a student at respondent and, in November 2013, was charged with violating six provisions of respondent's Code of Student Conduct, Rights and Responsibilities (hereinafter the Code). The charges stemmed from allegations that he misrepresented the nature of the program devised for prospective members of his fraternity and that he participated in the physical and mental abuse of a prospective member. Petitioner and the abused individual testified at the disciplinary hearing that ensued, although petitioner declined to discuss the actual events that formed the basis of the charges. Following the hearing, the Student Faculty Hearing Board found petitioner to have violated the Code as charged and, among other things, suspended him through 2018. Petitioner filed an administrative appeal that questioned the procedure employed by the Hearing Board, the strength of the evidence against him and the penalty imposed. The next day, respondent's Dean of Academic Support Services upheld the determination of the Hearing Board in all respects. Petitioner responded by commencing this CPLR article 78 proceeding to annul the disciplinary determination, which was transferred to this Court (...
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