Judge dismisses student lawsuit against College
February 22, 2008
U.S. District Court Judge Lawrence E. Kahn today granted the defendants' motion to dismiss the federal lawsuit filed in August 2006 by students Justin Holmes and RJ Partington against the College, College President Steven G. Poskanzer, Vice President for Student Affairs L. David Rooney and Professors Jonathan Raskin and Paul Zuckerman.
Previous Information Regarding Student Leader Controversy
Judge grants preliminary injunction to students
Last updated 1/5/07
Lawrence Kahn, the federal judge presiding over the case involving suspended students Justin Holmes and R.J. Partington, has granted these students a preliminary injunction. This means, that while the litigation is ongoing and the substantive issues still need to be resolved, these students will be allowed to return to campus.
The campus is gratified by the court's findings of the fairness of its administrators and hearing officers and its affirmation that campus procedures are generally consistent with due process.
The judge did not find that the college violated the defendants' First Amendment rights, nor did he hold that the students were wrongly accused of harassment.
While we are disappointed that the court took issue with the common higher education practice that prevents attorneys from participating in student judicial hearings, we of course respect and will abide by the judge's ruling.
- Highlights from Judge Kahn's ruling, which do not include case law citations
- Judge Kahn's ruling in its entirety*
- College responds to frequently asked questions on this issue
Local News Coverage:
- Times-Herald Record - Reinstate students, judge orders * (1/6/07)
- Daily Freeman - SUNY students reinstated * (1/6/07)
- Poughkeepsie Journal - Judge: SUNY must reverse student suspensions * (1/6/07)
Criminal court finds suspended student guilty of harassing Director of Residence Life; two others acquitted
Last updated 11/16/06
Town of New Paltz Justice Judith Reichler has issued her decision (dated November 10, 2006) in the criminal bench trial involving former student Dan Curtis and suspended students Justin Holmes and R.J. Partington III on the charge of harassment in the second degree in connection with an incident involving the college's Director of Residence Life, Corinna Caracci.
Justice Reichler found Dan Curtis and R.J. Partington III not guilty.
The judge found Justin Holmes guilty of harassment in the second degree. His sentencing is scheduled for December 18.
It should be noted that these criminal proceedings are completely independent from the college's own disciplinary proceedings against the same students.
Local News Coverage:
- Suspended SUNY student president guilty of harassment (Times Herald-Record) 11/23/06
Students Involved In Separate Criminal Trial for Harassment Charges
Last updated 9/29/06
On Tuesday, Oct. 3, two students not currently enrolled at New Paltz, Justin Holmes and R.J. Partington III, will appear in New Paltz Town Court for a criminal trial for harassment charges related to an incident that occurred on the New Paltz campus.
The outcome of this criminal trial has no bearing on the current one-year suspensions that these two students are now serving. The sanctions are the result of a separate campus Judicial Process in which an impartial hearing panel determined that the students were guilty of violating campus rules and regulations regarding harassment.
Suspended Student Leaders Sue College
Last updated 9/7/06
Two students not currently enrolled at New Paltz, Justin Holmes and R.J. Partington III, are suing the college, individual administrators and faculty in U.S. District Court in Albany.
On advice of legal counsel, we do not discuss pending litigation. Court filings, of course, are a matter of public record.
In addition, judicial proceedings at the college are confidential. Confidentiality is designed to protect ALL parties involved in such proceedings. The details of all judicial proceedings are protected under the Federal Educational Rights and Privacy Act (FERPA), as the judicial procedure is an educational process, not a legal process.
College Addresses Student Leaders' Claims
Last updated 8/4/06
The college would like to address claims by R.J. Partington III, Student Association Vice President-Elect, and Justin Holmes, Student Association President-Elect, and their attorney Michael Sussman that the college has violated their due process rights and that they are being punished for their activism on campus.
While we are limited in what we can say about this case because we are bound by the Federal Educational Rights and Privacy Act (FERPA), which protects students' academic and disciplinary records, we can say the following:
Our Judicial Process is Well Established and Fair
These claims are unfounded. Any student charged with a violation of the campus code of conduct automatically goes through a Judicial Process that is well-established, thorough and fair. This process presumes innocence, affords students a fair hearing, including all process due, and allows for appeal, which is consistent with most SUNY campuses and with public colleges and universities coast to coast. It is also consistent with law and precedent. This is an educational process, not a legal process.
Learn More About Our Judicial Procedures
The administration does not bring charges, nor does it render decisions. Anyone in the campus community can bring a charge. The administration provides a process through which complaints can be heard and under the required protections of due process, a fair decision rendered. Not liking the decision rendered by the impartial hearing panel does not mean that the hearing process was flawed.
New Paltz has two different kinds of hearings. It is clearly outlined in the handbook which violation of the code of conduct will undergo which type of hearing. The first is an administrative hearing process. This process involves an administrative appointee who questions the principals involved and renders a decision based on his or her findings. The student then has a right to appeal the decision. The other hearing procedure, which again is clearly connected to violations of campus rules, is more involved. It is a formal hearing process wherein a hearing panel comprised of faculty, staff and students (in this case the committee was comprised of two senior tenured faculty members and a student) hears testimony from principals and witnesses. This includes the ability by all sides to question witnesses through the hearing panel. The outcome of the decision rendered by the impartial hearing panel can also be appealed. If a student is found guilty of a charge, the panel imposes a sanction. Sanctions can range from a warning to expulsion. These procedures and sanctions are outlined clearly in the Student Handbook.
Campus Rules Apply to All Students
Just like any other student, student leaders are subject to campus rules and regulations. They agree to abide by campus rules and regulations when they choose to enroll here. Attendance at SUNY New Paltz, as at any other college or university, is voluntary and conditional. One of these conditions is to abide by all of the rules as set forth in the Student Handbook.
New Paltz Has a History of Progressive Student Leadership
We respect the exercise of free speech on this campus. In fact, at New Paltz we pride ourselves on having a history of progressive student leaders with whom the campus community has worked cooperatively and productively. As an educational institution, we understand the role we play in teaching the community about what it is like to live and function in a democracy. As such, student protests, including some involving these individuals, take place on our campus regularly. Also, student leaders are afforded numerous opportunities to discuss their concerns and issues with the campus administration in standing appointments throughout the year and open door policies with administrators.
Safety and Civility is Important to our Campus Community
The college has a responsibility to maintain safety and civility on the college campus and we do so through our campus rules and regulations. Being progressive, and repeatedly breaking campus rules and intimidating campus employees who do not agree with their ideas or requests are very different things.
What is WikiPaltz?
WikiPaltz is a Web site created and maintained by a small group of current and former SUNY New Paltz students, many of whom are principals in the allegations against the university. This is not an official SUNY New Paltz Web site and is not
sanctioned or maintained by the college. SUNY New Paltz has no control over this unofficial site and does not regularly monitor
the content of these pages. SUNY New Paltz is not responsible for the accuracy or completeness of the contents of any unofficial page.
The views and opinions expressed on any unofficial page are strictly those of the page author. Any comments on those pages should be directed to the page author(s).
If the Student Association President and Vice President do not return this fall, how would the Student Association proceed?
The responsibility and authority to decide on how best to fill an Executive Board vacancy rests with the Student Association Executive Board. According to the SA Constitution, it appears that they would have two choices - either a campus-wide election, or nomination by the E-Board and confirmation by the SA Senate. We would expect that the E-Board would consider their options as outlined in the SA Constitution and decide upon a course of action that they believe is in the best interest of the student body. We are not aware of this particular situation occurring in the past with both the President and Vice President not returning in the fall to fill their positions. However, the Student Association, like any other government has an elaborate structural organization that allows it to function in the absence of any individual positions. The remaining E-Board members, Senate Chair, Council of Organizations Chair, the entire Senate and Council of Organizations, and full-time professional employees of the Student Association will work in concert to respond to the needs of the student body and provide the opportunities and services that they have in the past.
Recent news related to this issue:
- 3 student leaders fight SUNY New Paltz* (Daily Freeman) 7/12/06
- Student Leader Fights Punishment; Administration Stands By Decision* (Times Herald Record) 7/11/06
- Editorial: Don't Take Your Guns to Class* (Times Herald-Record) 5/12/06
