Highlights from Judge Lawrence E. Kahn's Memorandum-Decision and Order

For case law citations, see full document. Citations have been excluded from these highlights for clarity.

Holding of the Case
"The Court understands that SUNY-New Paltz has an obligation to police the conduct of the students enrolled there and protect the students and staff from potential dangers. However, it is very likely that SUNY-New Paltz violated Plaintiffs' constitutional rights by denying Plaintiffs the right to have counsel present at the hearing to consult with when concerned about possible self-incrimination [in pending criminal matters] and, as a result, the equities must favor Plaintiffs' reinstatement." (pg. 14)

"SUNY-New Paltz employs a disciplinary procedure, which, as described above, provided Plaintiffs with written notice, an opportunity to be heard, and an opportunity to appeal the initial decision. The disciplinary procedure afforded Plaintiffs meets the fundamental requirement of due process . . ." (pg. 8)

"As explained above, the procedures employed by SUNY-New Paltz are generally consistent with due process requirements - the Court finds that it is only in the limited circumstance at issue here that the process was defective." (pg. 14)

Lack of Bias
"As a result of these facts, the Court finds that Plaintiffs have not made a clear or substantial showing that the Hearing Committee was biased and therefore, their due process claim under this theory is unlikely to succeed." (pg. 9-10)

"The deprivation at issue [suspension] was undertaken pursuant to established procedures and was not random and unauthorized." (pg. 8)

Cross Examination of Witnesses
"Plaintiffs were afforded the opportunity to question their accuser in a manner that, while differing from trial-type procedures, arguably still protected their rights, without overburdening SUNY-New Paltz's resources . . . Consequently, Plaintiffs have not shown a substantial likelihood of succeeding on the merits on a claim of a denial of their constitutional due process right to question witness directly." (pg. 10)

Right to Counsel
"Defendants note that SUNY-New Paltz's administrative hearing procedures do not foreclose a student's ability to consult with an attorney . . . It is clear that Plaintiffs may have consulted with an attorney prior to or after their hearing, but that an attorney was not allowed to accompany them in the hearing." (pg. 12-13)

"However, due process does not require that Plaintiffs be represented by counsel to perform the traditional function of a trial lawyer and convert the proceedings into the mold of adversary litigation . . . Then-Chief Judge Posner dubbed the right to counsel in disciplinary proceedings as envisioned by this Court and others as the "right of consultation."" (pg. 13)

Going Forward - Next Steps
"It should be noted that when they are reinstated, Plaintiffs will again be subject to SUNY New Paltz's rules governing students' conduct." (pg. 14)

". . ., this Court has full confidence that the processes employed by SUNY-New Paltz will continue to maintain a civil and safe environment for the college community." (pg. 14)

"Moreover, the issuance of this injunction does not end the case. The Court has decided only those issues necessary to consider the requested preliminary injunction and Plaintiffs additional claims and requested relief remain to be decided." (pg. 14)