![]() ![]() However, the trial court did not explain why, as a private institution, RPI would be bound by the Constitution. was a clear violation of his constitutional rights” (emphasis added), since he was notified of the disciplinary meeting only moments before and did not have an adequate opportunity to review the evidence. Further, even if RPI had jurisdiction over him, “the conduct demonstrated by towards. The trial court ruled that RPI “had no jurisdictional basis in which to subject to interview” or to “report, inform, publish or share” any information regarding the alleged incident to SUNY Albany. As a result, RPI told Doe that it would provide SUNY Albany with a report of the investigation.ĭoe sued RPI, and in November 2017, a New York trial court blocked RPI’s attempt to notify SUNY Albany of the case results. RPI launched an investigation and found by a preponderance of the evidence that Doe had violated the policy. Two recent cases touch on - but don’t definitively answer - the question of whether students at private colleges might also have due process rights.ĭuring the summer of 2016, a female student at Rensselaer Polytechnic Institute lodged a complaint against John Doe, a former boyfriend and an international student at the University at Albany, State University of New York, alleging that he sexually assaulted her at his residence in September and October of 2015 in violation of RPI’s sexual misconduct policies. Despite these promises, the institutions’ policies often fall far short of the protection guaranteed at public institutions by virtue of the Fourteenth Amendment. Complaints against private colleges, on the other hand, are often adjudicated on a contract theory: The college is contractually bound to respect the promises it made to students in its student handbook. The former, as instruments of the state, are bound by the Constitution and must grant students due process rights to the extent required by the Fourteenth Amendment. ![]() In cases involving a university’s disciplinary actions against a student accused of sexual misconduct, courts have generally differentiated between public and private institutions. ![]()
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