The Third Department determined the petitioner was properly disciplined for violation of a college’s sexual assault policy and the procedure followed by the college was proper:
“Where, as here, no hearing is required by law, a court reviewing a private university’s disciplinary determination must determine ‘whether the university substantially adhered to its own published rules and guidelines for disciplinary proceedings so as to ascertain whether its actions were arbitrary or capricious'” … . A university’s determination will be annulled only where it has failed to substantially comply with its procedures or where its determination lacks a rational basis … . …
With respect to hearing submissions, respondent’s procedure permits each party to submit proposed questions or topics for individuals who might testify during the hearing. The procedure specifically grants the chair of the Hearing Panel discretion to “determine which of the parties’ requested questions will be asked or topics covered,” and permits the chair to disregard questions that are irrelevant, prohibited by applicable procedures or law, unduly prejudicial or cumulative. While the Hearing Panel declined to ask the complainant all of the questions that petitioner proposed prior to the hearing, many of the topics of such questions were addressed elsewhere in the record and were thus available for the Hearing Panel’s review. Moreover, as Supreme Court correctly pointed out, the right of confrontation or cross-examination is not directed or guaranteed under respondent’s procedures, nor is it required by the Enough is Enough Law … . Indeed, “[a] student subject to disciplinary action at a private educational institution is not entitled to the full panoply of due process rights,” and “[s]uch an institution need only ensure that its published rules are substantially observed” … . Matter of Doe v Cornell Univ., 2018 NY Slip Op 05255, Third Dept 7-12-18
EDUCATION-SCHOOL LAW (DETERMINATION PETITIONER VIOLATED THE COLLEGE’S SEXUAL ASSAULT POLICY AND THE ADMINISTRATIVE PROCEDURE USED BY THE COLLEGE DEEMED PROPER (THIRD DEPT))/ADMINISTRATIVE LAW (EDUCATION-SCHOOL LAW, DETERMINATION PETITIONER VIOLATED THE COLLEGE’S SEXUAL ASSAULT POLICY AND THE ADMINISTRATIVE PROCEDURE USED BY THE COLLEGE DEEMED PROPER (THIRD DEPT))/EVIDENCE (EDUCATION-SCHOOL LAW, DISCIPLINARY PROCEEDINGS, SEXUAL ASSAULT, DETERMINATION PETITIONER VIOLATED THE COLLEGE’S SEXUAL ASSAULT POLICY AND THE ADMINISTRATIVE PROCEDURE USED BY THE COLLEGE DEEMED PROPER (THIRD DEPT))/SEXUAL ASSAULT (EDUCATION-SCHOOL LAW, DISCIPLINARY PROCEEDINGS, SEXUAL ASSAULT, DETERMINATION PETITIONER VIOLATED THE COLLEGE’S SEXUAL ASSAULT POLICY AND THE ADMINISTRATIVE PROCEDURE USED BY THE COLLEGE DEEMED PROPER (THIRD DEPT))