IT’S UNANIMOUS: NY Appeals Court 2 Skidmore: Reinstate Male
It would seem fairly self-evident that when a college establishes procedures for handling sexual misconduct claims, it should actually follow them. That, however, was not the case in Matter of John Doe v. Skidmore College, a recently issued decision by the State of New York Supreme Court, Appellate Division. Given what it termed “multiple failures that . . . taken together, demonstrated a lack of substantial compliance” with Skidmore College’s investigatory and adjudicatory protocols, the court nullified the plaintiff’s expulsion for sexual misconduct, once again demonstrating the obvious difficulty some colleges and universities have in implementing the most elementary procedural safeguards in student-on-student sexual harassment cases.