Rensselaer Soc'y of Engineers v. Rensselaer Polytechnic Inst., 260 A.D.2d 992 (N.Y. App. Div. 3d Dep't 1999). · Go Syfert
Rensselaer Soc'y of Engineers v. Rensselaer Polytechnic Inst., 260 A.D.2d 992 (N.Y. App. Div. 3d Dep't 1999). Cases Citing This Book View Copy Cite
38 citation events (37 in the last 25 years) across 4 distinct courts.
Treatment trajectory · 2000 → 2026 · click a year to view as-of
2000 2013 2026
Cited for
At page 993 Review standard for arbitrary or capricious disciplinary action20 citing cases“judicial scrutiny of the determination of disciplinary matters between a university and its students, or student organizations, is limited to determining whether the university substantially adhered to its own published rules and guidelines for disciplinary proceedings so as to ascertain whether it…”10 citing courts quote it · 18 listed here
  • Matter of Doe 1 v. State Univ. of N.Y. at Buffalo, 219 A.D.3d 1663 (N.Y. App. Div. 4th Dep't 2023).published
    "Judicial scrutiny of the determination of disciplinary matters between a university and its students, or student organizations, is limited to determining whether the university substantially adhered to its own published rules and guidelin…
  • Brown v. Univ. of Rochester, 216 A.D.3d 1328 (N.Y. App. Div. 3d Dep't 2023).published
    Coll. at Plattsburgh , 182 AD3d 725 , 726-728 [3d Dept 2020]; Matter of Rensselaer Socy. of Engrs. v Rensselaer Polytechnic Inst. , 260 AD2d 992, 993 [3d Dept 1999]; Matter of Mu Ch. of Delta Kappa Epsilon v Colgate Univ. , 176 AD2d 11, 13…
  • Matter of Doe v. Trs. of Union Coll., 195 A.D.3d 1216 (N.Y. App. Div. 3d Dep't 2021).published
    "Judicial scrutiny of the determination of disciplinary matters between a university and its students . . . is limited to determining whether the university substantially adhered to its own published rules and guidelines for disciplinary p…
  • John Doe 1 v. Syracuse Univ., 468 F. Supp. 3d 489 (N.D.N.Y. 2020).published
    Justice McClusky noted that his role was limited to deciding whether the University “substantially adhered to its own published rules and guidelines for disciplinary proceedings so as to ascertain whether its actions were arbitrary and cap…
  • Matter of Kamila v. Cornell Univ., 182 A.D.3d 692 (N.Y. App. Div. 3d Dep't 2020).published
    Servs. , 175 AD3d 1653 , 1656 [2019]; Matter of Rensselaer Socy. of Engrs. v Rensselaer Polytechnic Inst. , 260 AD2d 992, 993-994 [1999]).
  • Matter of Doe v. Cornell Univ., 2018 NY Slip Op 5255 (N.Y. App. Div. 3d Dep't 2018).published
    "Where, as here, no hearing is required by law, a court reviewing a private university's disciplinary determination must determine 'whether the university substantially adhered to its own published rules and guidelines for disciplinary pro…
  • Matter of Doe v. Skidmore Coll., 152 A.D.3d 932 (N.Y. App. Div. 3d Dep't 2017).published
    Thus, its relationship with its students “is essentially a private one such that, absent some showing of State involvement, [its] disciplinary proceedings do not implicate the ‘full panoply of due process guarantees’ ” (Matter of Rensselae…
  • Matter of VanHouten v. Mount St. Mary Coll., 137 A.D.3d 1293 (N.Y. App. Div. 2d Dep't 2016).published
    The Supreme Court erred in transferring the proceeding to *1295 this Court pursuant to CPLR 7804 (g), since the determination to be reviewed was not made after a hearing held pursuant to direction of law at which evidence was taken (see CP…
  • Budd v. State Univ. of New York, 133 A.D.3d 1341 (N.Y. App. Div. 4th Dep't 2015).published 2 cites
    Our review of respondent’s determination “is limited to determining whether the university substantially adhered to its own published rules and guidelines for disciplinary proceedings so as to ascertain whether its actions were arbitrary o…
  • Matter of Khaykin v. Adelphi Academy of Brooklyn, 124 A.D.3d 781 (N.Y. App. Div. 2d Dep't 2015).published
    Judicial review of the actions of a private school in disciplinary matters is limited to a determination as to whether the school acted arbitrarily and capriciously or whether it substantially complied with its own rules and regulations (s…
Show 8 more citing cases
  • Shah v. Union Coll., 97 A.D.3d 949 (N.Y. App. Div. 2012).published 2 cites
    Judicial review of a private university’s disciplinary determinations is limited to “whether the university substantially adhered to its own published rules and guidelines for disciplinary proceedings” (Matter of Rensselaer Socy. of Engrs.…
  • Katz v. Bd. of Regents of the Univ. of New York, 85 A.D.3d 1277 (N.Y. App. Div. 3d Dep't 2011).published
    In addition, at the hearing, as noted by members of the Committee, petitioner was not able “to define key terms/concepts he used in his draft.” Moreover, petitioner’s own expert, after examining the paper, stated that she could “appreciate…
  • Hyman v. Cornell Univ., 82 A.D.3d 1309 (N.Y. App. Div. 3d Dep't 2011).published
    Supreme Court dismissed the petition in this ensuing CPLR article 78 proceeding and, upon petitioner’s appeal, we now affirm; It is well settled that in reviewing a university’s disciplinary determinations, “court[s] must determine ‘whethe…
  • Dagvadorj v. DeFleur, 70 A.D.3d 1275 (N.Y. App. Div. 3d Dep't 2010).published
    Rest., Inc. v Village of Castleton-on-Hudson, 46 AD3d 1044, 1046-1047 [2007]; Matter of Martinez v State Univ. of N.Y.-Coll. at Oswego, 13 AD3d 749, 750 [2004]; Matter of Rensselaer Socy. of Engrs. v Rensselaer Polytechnic Inst., 260 AD2d…
  • Warner v. Elmira Coll., 59 A.D.3d 909 (N.Y. App. Div. 3d Dep't 2009).published
    When reviewing a private university’s disciplinary determinations concerning its students, where a hearing is not required by law, the court must determine “whether the university substantially adhered to its own published rules and guidel…
  • Budd, James E. v. State Univ. of New York at, Geneseo, No. TP 15-00674 (N.Y. App. Div. 4th Dep't Nov. 20, 2015).published
  • Al-Khadra v. Syracuse Univ., 291 A.D.2d 865 (N.Y. App. Div. 4th Dep't 2002).published
  • Nawaz v. State Univ., 295 A.D.2d 944 (N.Y. App. Div. 4th Dep't 2002).published
At page 994 Determining due process in private university disciplinary proceedings6 citing cases“is essentially a private one such that, absent some showing of state involvement, its disciplinary proceedings do not implicate the 'full panoply of due process guarantees”the opinion's own words at *994, quoted by 1 later opinions · 5 listed here
  • Doe v. Syracuse Univ., 440 F. Supp. 3d 158 (N.D.N.Y. 2020).published
    The court there rejected the student’s “claims as to fundamental fairness” at a private university, noting that the university’s “relationship with its students is essentially a private one such that, absent some showing of State involveme…
  • Matter of A.E. v. Hamilton Coll., 173 A.D.3d 1753 (N.Y. App. Div. 4th Dep't 2019).published
    With respect to the merits, it is well settled that the relationship between a private university and its students "is essentially a private one such that, absent some showing of State involvement, [its] disciplinary proceedings do not imp…
  • Matter of Doe v. Skidmore Coll., 152 A.D.3d 932 (N.Y. App. Div. 3d Dep't 2017).published
    Thus, its relationship with its students “is essentially a private one such that, absent some showing of State involvement, [its] disciplinary proceedings do not implicate the ‘full panoply of due process guarantees’ ” (Matter of Rensselae…
  • Lampert v. State Univ. of New York at Albany, 116 A.D.3d 1292 (N.Y. App. Div. 3d Dep't 2014).published 2 cites
    No. 1 of Towns of Scarsdale & Mamaroneck, Westchester County, 34 NY2d 222 , 233 [1974] [internal quotation marks and citations omitted]; see Matter of Quercia v New York Univ., 41 AD3d 295, 297 [2007]; Matter of Rensselaer Socy. of Engrs.…
  • Cavanagh v. Cathedral Preparatory Seminary, 284 A.D.2d 360 (N.Y. App. Div. 2d Dep't 2001).published
    Further, although they allege that the infant plaintiff was not afforded due process, a private school student is not entitled to the full panoply of due process rights unless a threshold showing of State involvement is made (see, Matter o…
689 N.Y.S.2d at 295 disciplinary proceedings at private university “do not implicate the full panoply of due process guarantees” (internal quotation marks omitted)2 citing cases1 citing court put it this way
  • Oirya v. Brigham Young Univ., No. 2:16-cv-01121 (D. Utah Jan. 9, 2020). 2 cites
    “Since [BYU] is a private college, and not a state actor, the federal Constitution does not establish the level of due process that [B YU] had to give [Mr. Oirya] in his disciplinary proceeding.” Xiaolu Peter Yu v. Vassar Coll., 97 F. Supp…
  • Xiaolu \Peter\" Yu v. Vassar Coll.", 97 F. Supp. 3d 448 (S.D.N.Y. 2015).published 3 cites
    (disciplinary proceedings at private university “do not implicate the full panoply of due process guarantees” (internal quotation marks omitted))
Retrieving the full opinion text from the archive…
In the Matter of Rensselaer Society of Engineers
v.
Rensselaer Polytechnic Institute
Appellate Division of the Supreme Court of the State of New York.
Apr 29, 1999.
Published opinion
260 A.D.2d 992
1999 N.Y. App. Div. LEXIS 4442
Mikoll.
Cited by 31 opinions  |  Published
Mikoll, J. P.

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Rensselaer County) to review a determination of respondent Rensselaer Polytechnic Institute placing petitioner Rensselaer Society of Engineers on disciplinary suspension.

Petitioner Rensselaer Society of Engineers (hereinafter RSE) is a fraternity at respondent Rensselaer Polytechnic Institute (hereinafter RPI), a private university in the City of Troy, Rensselaer County. RSE was charged with several violations of RPFs “Grounds for Disciplinary Action” based upon a September 5, 1997 “rush” event at its fraternity house featuring exotic dancers and live sex acts performed in front of some 100 student attendees. RPFs student handbook, in a section entitled “The Rensselaer Judicial System”, sets forth a detailed, multistep procedure for the adjudication of disciplinary matters. Initially, an informal, fact-finding investigation is conducted by the office of the Dean of Students, culminating in a determination whether disciplinary action is warranted and, if so, the appropriate penalty. A student or student group aggrieved by an adverse decision is then afforded review at three successive levels.

Pursuant to this procedure, RPFs Assistant Dean of Students, respondent Norris A. Pearson, investigated the charges against RSE. From interviews with RSE’s President and other students, Pearson determined that the “rush event”, which RSE had advertised in flyers and reported to the Dean’s office as a clambake, was promoted by RSE members in RPFs freshmen buildings as featuring “lesbian strippers”. The clambake was followed by an audience-interactive strip show with dancers hired by RSE. At the conclusion of the performance, the completely nude strippers performed and/or simulated oral sex with one another. Members of the audience were invited to pay $20 to become “honorary lesbians”, entitling them to individualized attention from the strippers. Based upon his investigation, Pearson concluded that RSE’s conduct in hosting the “lesbian strippers” clambake violated four separate RPI[*993] disciplinary rules, and he placed RSE on disciplinary suspension from December 12, 1997 to January 1, 1999 and imposed specific conditions of return.

RSE appealed Pearson’s decision to the Greek Judicial Board, which sustained his findings as to three of the four charges and upheld the penalty of suspension, but modified certain conditions of its return. Next, RSE appealed to RPI’s Review Board, which reinstated Pearson’s original findings and penalty. Upon RSE’s further appeal to respondent President of RPI, the determination of the Review Board was upheld and RSE’s suspension was made immediately effective. Despite its immediate suspension, RSE continued to initiate pledges, which RPI determined to be a violation of the terms of its suspension and extended the term thereof to June 2003. Having exhausted every level of internal review, petitioners initiated this CPLR article 78 proceeding challenging the determination and penalty on a wide-ranging number of grounds.

Two preliminary observations are in order. First, we note that Supreme Court improperly concluded that the petition raised a question of substantial evidence mandating transfer to this ‘Court pursuant to CPLR 7804 (g). As the hearing held by the Greek Judicial Board was not required by law, the standard of review is whether the challenged determination is arbitrary or capricious (see, CPLR 7803 [3]; Matter of Colton v Berman, 21 NY2d 322, 329; Matter of Bevacqua v Sobol, 176 AD2d 1; Matter of Christopher v Phillips, 160 AD2d 1165, Iv denied 76 NY2d 706; see also, Matter of Mu Ch. of Delta Kappa Epsilon v Colgate Univ., 176 AD2d 11). Nonetheless, we retain jurisdiction in the interest of judicial economy (Matter of Christopher v Phillips, supra). Second, that portion of the petition challenging extension of RSE’s suspension to June 2003 is not ripe for our review since RSE has not yet exhausted its administrative remedies with respect to this enhanced penalty (see, Matter of Lamphron v State of N. Y. Thruway Auth., 239 AD2d 860).

Turning to the merits, petitioners discursively contend that RSE did not violate any RPI disciplinary rules and that the adjudicatory proceedings were tainted by bias and unfairness. These contentions are, in the main, misplaced within the appropriate context of our review. Judicial scrutiny of the determination of disciplinary matters between a university and its students, or student organizations, is limited to determining whether the university substantially adhered to its own published rules and guidelines for disciplinary proceedings so' as to ascertain whether its actions were arbitrary or capricious[*994] (see, Tedeschi v Wagner Coll., 49 NY2d 652; Matter of Mu Ch. of Delta Kappa Epsilon v Colgate Univ., supra; see also, Matter of Harris v Trustees of Columbia Univ., 62 NY2d 956, revg on dissenting opn below 98 AD2d 58; Matter of Galiani v Hofstra Univ., 118 AD2d 572). Further, the relationship between a private university and its students and student organizations is essentially a private one such that, absent some showing of State involvement, their disciplinary proceedings do not implicate the “full panoply of due process guarantees” (Matter of Mu Ch. of Delta Kappa Epsilon v Colgate Univ., supra, at 13).

Based upon our review of the record, we are satisfied that RPI substantially followed its detailed grievance procedure in rendering and reviewing the challenged determinations. RSE was given notice of the charges, opportunities to be heard, the right to confront and cross-examine witnesses, and three levels of administrative review following the initial determination. More than adequate evidence supports the finding that RSE’s conduct violated the cited disciplinary rules.

Contrary to petitioners’ contention, the penalty of suspension is “neither disproportionate to the offense * * * nor shocking to one’s sense of fairness” (Matter of Beilis v Albany Med. Coll., 136 AD2d 42, 45) particularly since, at the time of the event in question, RSE was already in its third successive year of disciplinary probation, imposed as a result of prior disciplinary rule violations, and thus forewarned by RPI’s handbook that “further disciplinary action may result in either suspension or expulsion”.

Mercure, Crew III, Yesawich Jr. and Graffeo, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.