New Paltz Must Reinstate Student Body President

(New Paltz) - In a decision dated January 3, 2007, United States District Judge Lawrence E. Kahn [Albany] has ordered the State University at New Paltz to immediately reinstate student body president Justin Holmes and Vice President Richard Partington, III, after concluding that the disciplinary hearing accorded them likely violated federal rights to due process. Judge Kahn ruled, “The Court find Plaintiffs will likely succeed in showing that the denial of their request [for legal counsel] at the disciplinary hearing violated due process.”
The Court further noted that to the extent that the college denied the student leaders the right to consult with counsel during and at the disciplinary hearing, it “very likely” violated Plaintiffs’ constitutional rights.” After so finding, the Court continued, “as a result, the equities must favor Plaintiffs’ reinstatement” and ordered their immediate reinstatement. The Judge further noted that this ruling does not resolve the case or all the issues raised by the plaintiffs. Holmes and Partington claim that the institution of disciplinary proceedings against them derived from their aggressive advocacy of issues of concern to students and violated their First Amendment right to freedom of expression and association. The district court did not reach this issue or the students’ claims for monetary relief. Michael Sussman, counsel for the students, commented: “We are pleased that Justin and Richard can now resume their elected positions as student body leaders and can complete their education’s.

I remain confident that when the merits of this case are reached, the finders of fact will conclude that the harsh administrative response to both young men derived from their advocacy and activism, a plain violation of their First Amendment. I also continue to believe that all college students attending publicly funded universities in New York should have the same right to due process in disciplinary proceedings as students attending primary and secondary schools in this state. Their interest in not being wrongfully expelled from school is at least as great.”