December 8, 2022
Two cases were decided at the end of November 2022 concerning institutions of higher education disciplining students for alleged misconduct.
In Matter of Mozdziak v. SUNY Maritime, 2022 NY Slip Op 06759 (Nov. 29, 2022), the New York State Appellate Division, First Department overruled the State University of New York Maritime College’s determination, which had affirmed its disciplinary hearing board’s expulsion of a student upon findings that he engaged in misconduct. The student was alleged to have carved a racial epithet into a dormitory elevator door. Two students made a joint, unsworn written statement alleging that they had witnessed the student engage in this misconduct. Notwithstanding that these two students who wrote the statement did not testify at the hearing, their two-sentence statement was credited over actual alibi witnesses who testified that the student was elsewhere when the claimed misconduct occurred.