[Eugene Volokh] Court Feels "Compelled to Express … Dismay at [SUNY Buffalo's] Cavalier Attitude Toward Petitioner's Due Process Rights"

The opinion in Hill v. SUNY Buffalo, decided a week ago by a New York appellate court: Petitioner, an undergraduate student at respondent State University of New York at Buffalo, commenced … [this] proceeding to annul respondent[ SUNY Buffalo's] determination that he possessed weapons and engaged in harassment. Respondent sanctioned petitioner with 50 hours of community service, two years of disciplinary probation, and exclusion from on-campus housing. We agree with petitioner that the record is devoid of any evidence, much less substantial evidence, to support respondent's determination. Instead, respondent's determination rests exclusively on a "seriously controverted" hearsay statement, and that does not, as a matter of law, constitute substantial evidence. We therefore annul the determination, grant the petition, and direct respondent to expunge all references to this matter from petitioner's school record. We decline respondent's…

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