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A student accused of cheating on three exams is suing Syracuse University, alleging the university denied him a fair disciplinary hearing.

The lawsuit, filed in Onondaga County Supreme Court on Wednesday, claims the university proceeded with its investigation even though the accused student did not have an adviser or attorney. It also claims that SU kept no record of the hearing used to determine the student’s guilt.

The student, who was suspended for a semester based on the accusations, is asking for SU to reverse its sanctions and remove any mention of the incident from his academic record.

SU does not comment on pending litigation, said Sarah Scalese, senior associate vice president for university communications.

The Center for Learning and Student Success, which oversees cases of academic integrity on campus, notified the plaintiff in November 2020 that his philosophy professor had accused him of collaborating with another student to complete multiple exams.

Due to the coronavirus pandemic, the class was held online. The student said he was unaware collaboration on the take-home, open-book exams was prohibited.

The lawsuit claims that SU led the student to believe that an SU employee from the center would represent him in the disciplinary proceedings as a procedural adviser — which he later learned was wrong. SU’s policies allow students accused of misconduct to consult with a procedural adviser who can provide guidance and attend conduct hearings.

The university held a hearing about the accusations on Feb. 18. The student attended without an adviser — a factor that disadvantaged the student, who should have received a lower sanction, according to the lawsuit.

“The hearing was the epitome of a kangaroo court,” the lawsuit reads.

The student would have “requested to have a procedural advisor appointed to assist him at the hearing or retained counsel to appear with him had he understood one would be allowed,” according to the lawsuit.

SU kept no record of the hearing, other than a summary of its outcome, the lawsuit alleges.

After the panel of students and employees present at the hearing found him responsible for academic integrity violations, the student appealed. The appeal was denied by the same SU official the plaintiff initially believed was advocating for him in the conduct process, a letter to the student shows.

In the letter denying the student’s appeal, the SU official wrote that the university informed the plaintiff of his right to speak with an academic integrity adviser and consult legal assistance on multiple occasions. The sanctions against the student were appropriate given the nature of the accusations, and there is no evidence that SU strayed from its policies, the official wrote.

Since the student’s appeal was denied, the courts are “the sole avenue” to determine whether the hearing was just, the lawsuit reads. But “without a transcript or video, that will be impossible, so the entire procedure must be set aside,” it reads.

The plaintiff is asking SU to reinstate him as a student and restore his access to campus facilities and resources while the matter is resolved in court.

Published on April 21, 2021 at 8:26 pm

Contact Michael: msessa@syr.edu | @MichaelSessa3