LAWSUIT: SUNY Poly Revoked Her Degree 19 Months Later Because She Wouldn’t Accuse Disgraced President

A female college graduate claims her degree was rescinded after refusing to file sexual misconduct claims against the former university president, who resigned following a series of scandals. The State University of New York Polytechnic Institute’s decision came 19 months after Patrizia Burinska graduated summa cum laude, when an “anonymous complaint” caused the school’s registrar to audit her degree plan. Burinska filed a federal lawsuit earlier this month claiming violations of due process and freedom of association, as well as breach of contract claims. She was notified of her degree revocation in a 2018 meeting, where she claims that school officials pressured her to disclose information regarding an alleged relationship with Alain Kaloyeros and file a sexual harassment complaint against him….Patrizia Burinska left the January meeting with the officials “humiliated and stripped of her degree without warning, and through no fault of her own.” She also felt “targeted and set-up” by SUNY Poly, interim President Grace Wang, Haines, Tynan-Simon and unknown state defendants, in order to obtain information regarding her alleged relationship with Kaloyeros, which included “isolating and pressuring” her.  She then reached out to attorney, Susan Hoffinger, who met with the university’s associate counsel, Mark Lemire. According to Hoffinger’s recap, Lemire said that Burinska did not “qualify for any degree” and would have to complete additional coursework to receive one. She was not being “victimized because victims cooperate,” according to Lemire, and Burinska was not cooperating.

The university’s explanation for her revoked degree falls flat because it never offered her the opportunity to “explain and substantiate her program” and other qualifications that had previously been approved by faculty and advisers, Burinska’s suit says. SUNY Poly’s “continuing vulgar typifications regarding the nature” of Burinska’s alleged relationship with Kaloyeros, and “continuing pressure to file a complaint against him,” suggests its actions are motivated by bad faith. Its motives were “politically related” to Kaloyeros and unrelated to legitimate academic concerns. Under New York law, “an implied contract” is formed when a student is accepted by a  university, and it must award a degree as long as a student meets the requirements. Since Burinska completed her coursework and worked with advisors to ensure she was doing it correctly, SUNY Poly is contractually obliged to award her a bachelor of science degree.

Patrizia Burinska  argues she had the constitutional right “to form and build meaningful and appropriate academic and personal relationships with university officials,” including with Kaloyeros, who advised her. Due process requires the “timely and adequate notice” detailing the reason for revoking her degree, as well as an opportunity to “challenge the invalidation and revocation,” she argues.

thecollegefix-Ethan Berman

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