UPDATED: January 10, 2019 at 4:48 p.m.

A state judge upheld the suspensions of Syracuse University students involved in the creation of the controversial Theta Tau videos last spring.

James McClusky, a Jefferson County Supreme Court judge presiding over the case, ruled on Monday that SU “complied with (its) procedures” when it suspended the 10 students in the lawsuit, court documents show. The students, who filed the suit in Jefferson County court in August, asked the judge to reverse their suspensions.

SU initially suspended 18 students for their involvement in creating videos recorded in the basement of the professional engineering fraternity. Chancellor Kent Syverud has called the videos “extremely racist, anti-Semitic, homophobic, sexist, and hostile to people with disabilities.”  

McClusky dismissed a harassment charge SU made against the students but upheld the suspensions based on their destructive, sexist and sexually abusive behavior, court documents show. McClusky previously allowed at least two students involved in the lawsuit to return to campus for the fall 2018 semester while he decided the case.

Karen Felter, an attorney representing the students, told Syracuse.com the students plan to appeal the judge’s decision.

---

MORE COVERAGE:

• Theta Tau executive director says SU chapter could be reorganized without university recognition
• Former Theta Tau vice regent granted appeal on SU suspension
• At least 2 students involved in Theta Tau videos enroll in SU classes despite conduct violations
• SU suspends Theta Tau fraternity after video of “extremely racist” behavior surfaces

---

Lawyers for the students argued that SU did not follow the rules in its Code of Student Conduct regarding student suspensions and the disciplinary process.

There are two other ongoing lawsuits involving the Theta Tau controversy. In federal court, several students are asking for $1 million each in damages in additional to the reversal of their suspensions. The Theta Tau chapter filed a separate suit in October in Jefferson County asking that the expulsion of the fraternity be reversed.

McClusky is also presiding over the case involving the chapter. Felter, an attorney at the Syracuse-based branch of Smith, Sovik, Kendrick and Sugnet law firm, filed the request for judicial intervention on behalf of the chapter, court documents show.

CLARIFICATION: In a previous version of this post, the number of students James McClusky allowed to return to campus for the fall 2018 semester was unclear. 

Published on January 10, 2019 at 2:36 pm

Contact Casey: casey@dailyorange.com | @caseydarnell_