COURT WIN: Appeals Court Reverses SUNY Student’s Expulsion in TIX Sex Case
The expulsion of a male student from SUNY after he had a sexual encounter with a female student that may have been consensual was too harsh. The Appeals Court noted that many aspects of the disciplinary process at SUNY-Potsdam as it was applied to the male student “give us pause,” beginning with the fact that the female student’s account of the encounter as presented at campus disciplinary proceedings was hearsay. The court noted that the male student was found [Title IX] guilty and suspended for the remainder of the semester and made to take an alcohol evaluation and treatment program. When he appealed, the campus disciplinary appeals board increased the penalty to expulsion and Potsdam president Kristin Esterberg affirmed his dismissal…”If you are going to label someone a sexual predator or a sexual aggressor, you have branded that person in a way that there is no coming back from,” “For the university to decide that based on very little or no evidence-you just can’t do that without facts to back it up.” Said Lloyd Grandy II, an attorney at the Carlisle Law Firm who won! for this innocent accused young male.
newyorklawjournal.com By Joel Stashenko,