Trending
A former student expelled from the State University of New York at Fredonia for allegedly violating the student code of conduct regarding "non-consensual sexual contact" has filed an application in state Supreme Court in Chautauqua County seeking, among other actions, to be reinstated and have his record cleared.
The challenge was filed as an Article 78 proceeding, a provision of New York civil law in which a court is asked to review a decision or action of a state official or administrative agency.
The former student, only identified in documents as Z.P., is also asking the court to remain anonymous during the proceedings. His attorney is Angel Antonio Castro III in Syracuse.
According to the challenge, a complaint regarding a March 25, 2019, incident sexual in nature involving Z.P. and another SUNY Fredonia student was reported to the Title IX coordinator at the university. The complainant reportedly did not wish to pursue an investigation, and no action appears to have been taken at the time.
However, around Aug. 25, 2019, the complainant met with Dr. Saundra Liggins, then the interim chief diversity officer and director of diversity, equity and inclusion affirmative action officer. Following that meeting, a "no contact order" was requested.
Z.P. was informed of the order on Sept. 6. A year later, around Aug. 31, 2020, the complainant spoke to Liggins and requested an investigation.
On Sept. 28, Z.P. was notified that the other student was alleging a violation of Section 2(f) of SUNY Fredonia's standards of behavior regarding non-consensual sexual intimacy and unwanted physical sexual conduct. Z.P. met with Liggins two days later for a one-on-one interview.
On Oct. 7, 2020, Liggins submitted a claim of evidence to University Police, and a Judicial Board hearing was held Nov. 4, 2020, via Zoom. Two days later, Z.P. was found responsible for violating Section 2(f) and was expelled and barred from being on campus.
The former student claims in the challenge to have been contacted "several times" by the complainant to apologize following the ruling.
Z.P. appealed the ruling to the university but was denied Nov. 31, 2020.
The challenge is asking to the court to issue the following relief: vacating the determination by SUNY Fredonia and finding of responsibility on the charge of violating Section 2(f); directing the university to reinstate Z.P. as a student and expunge any record of disciplinary action; finding that the former student was deprived of due process rights during the disciplinary proceedings; finding that the determination was not supported by substantial evidence as required by state law; and awarding attorney's fees.
Z.P. made the following claims in seeking relief:
¯ The delay between the alleged encounter and investigation was prejudicial because he had no notice to preserve evidence that could have proved his innocence or to take notes to remember details surrounding the incident.
¯ Liggins only interviewed two people, Z.P. and the person making the claims, "when it was clear that complainant named other witnesses that could corroborate or disprove allegations made by complainant. Further, the significant delay in conducting the investigation did not comport with due process and significantly prejudiced the petitioner because named witnesses no longer attended the school."
¯ Based on the student handbook, Z.P. was entitled to be accompanied by an adviser during the interview. "Petitioner was never properly informed of this right and misled to believe that instead of an adviser, he was only entitled to have a 'support person' which was defined to petitioner as 'just someone to sit with you as you recount what happened.'"
¯ The other student reportedly sought a relationship with Z.P. "These text messages showed that contrary to statements by the complainant, she was pursuing a relationship with petitioner and that complainant continued to want to spend time with petitioner after the first instance of what complainant reported to be non-consensual sexual contact in the fall of 2018, where it is clear from the text messages that complainant, despite her allegations that petitioner violated her in the fall of 2018, continued to seek out the petitioner to spend time with her and that petitioner ignored complainant's attempts to contact him until she invited him over again in the spring of 2019 when the alleged misconduct purportedly occurred."
Castro said his client is hoping to clear his name and move forward with his academic career. He also noted that it's not certain that Z.P. would return to the campus if relief is granted.
"We feel that they (SUNY Fredonia) didn't execute their duties right in the first place," Castro said, later adding, "We want a clear record to make sure that this doesn't prevent him from completing his education."