Read Decisions by University Conduct Board & Appeals Board in LeQuint Allen Suspension
All Syracuse obtained a copy of the official decisions University Conduct Board and University Appeals Board for the LeQuint Allen case from the court filing in the New York State Courts Electronic Filing System. They have been transcribed below.
For those unfamiliar with the background of this story, you can read more HERE, HERE and HERE.
UNIVERSITY CONDUCT BOARD DECISION
This letter is to confirm the outcome reached by the University Conduct Board at the hearing held on April 21, 2023. The University Conduct Board determined the following outcomes regarding your alleged violation of the Code of Student Conduct, section(s):
1) Physical harm or threat of physical harm to any person or persons, including but not limited to: assault, sexual abuse, or other forms of physical abuse. -- Responsible
3) Assistance, participation in, promotion of, or perpetuation of conduct, whether physical, electronic, oral, written or video, which threatens the mental health, physical health, or safety of anyone. – Responsible
The Board found that on or about December 10, 2022, you responded to an altercation with physical violence and the Impacted Party sustained injuries. You also took responsibility for these charges and your actions by stating you attended the party and were involved in a physical altercation with the Impacted Party. The Board determined that you physically harmed another Syracuse University student.
As a result of the altercation, the Impacted Party sustained serious injuries where he lost a tooth, damaged his upper lip, and the back of his head was split open requiring stitches and staples. This is supported by the documentation provided depicting the injuries. In this incident, the Board found that your actions escalated the situation, rather than de-escalating it. Therefore the Board found you responsible for violating sections 1 and 3 of the Code of Student Conduct.
As a result of your misconduct, the Board has applied the following sanctions:
You are hereby placed on a status of suspension from Syracuse University for the Fall 2023 semester. This suspension shall take effect on May 15, 2023. You are to remain on suspension until the Spring 2024 term. This means that you are prohibited from any presence or activity on Syracuse University-owned, operated, or controlled property and from enrollment or participation in any course or program offered by Syracuse University. This includes the University Sheraton, The Marshall, Park Point, Campus West, Drumlins Country Club, and University Village. Should you need access to campus property or programs for any reason, you must obtain prior approval from the Director of Community Standards or designee. Failure to adhere to this directive will result in new Student Conduct Code charges being filed where Expulsion is a possibility and you will be arrested for trespassing. Furthermore, violating this sanction may be grounds to deny your petition to return to the University, especially if you were suspended for threats/violence-related behavior, damage to property, or drug sales.
You may petition to return to Syracuse University as early as the Spring 2024 academic term. To be considered for readmission for a future academic term, you are required to submit a petition demonstrating your good citizenship during your time away from Syracuse University.
This petition must be in writing or in another tangible medium and must include all of the following:
A personal statement (1) reflecting on what you have learned from the incident that resulted in your departure from Syracuse University; (2) describing your activities during the period in which you have been separated from the University (such as enrollment in courses at another college or university or full or part-time employment); and (3) articulating with specificity the ways in which you will contribute to building a positive community at Syracuse University if you are permitted to return.
You must submit evidence of academic progress and/or gainful employment during your time away from Syracuse University. You are strongly encouraged to contact your academic advisor to discuss the process for transferring credits into your program at Syracuse University. Please arrange for these materials to be sent directly to Community Standards, 804 University Avenue, Suite 106, Syracuse, NY
13244 in the following format:
1. You will be required to submit an official transcript from any institution you attended during your suspension from Syracuse University; and/or
2. You will be required to submit a paystub and/or a letter on company letterhead which clearly verifies your dates of employment and scope of your work.
You must submit written verification of the completion of at least 40 hours of community service beginning on or after May 10, 2023. Community service projects must be verified In writing by the agency that you have chosen to serve. Community service hours may not be verified by any member of your family or by any student of Syracuse University or SUNY ESF. In addition, you may not receive payment for your services.
You must submit at least three (3) character references from individuals who will be able to attest to your good citizenship, maturity and readiness to return to Syracuse University. These references must be in writing and may not be completed by a family member, friend or another Syracuse University or SUNY ESF student.
In accordance with University policy, you have the right to appeal this decision. Any appeal must be submitted in writing and conform to the procedures outlined in Part 12 of the Syracuse University Student Conduct System Handbook. Should you wish to exercise this right, you must submit your Intent to Appeal by 5 p.m., on May 11, 2023. You must submit your full Appeal of University Conduct Board Outcome online to Community Standards within three (3) business days (no later than 5:00PM, on May 15, 2023).
Your petition and the above-referenced materials should be submitted on or after November 15, 2023, forconsideration for readmission for Spring 2024. Your petition will be reviewed between November 15, 2023, and Spring 2024. You may upload your petition using the Petition to Return from Suspension form. You are encouraged to upload all materials together, but may do so separately If needed. Upon review of your submitted materials, you will be Informed in writing whether and under what conditions we would be prepared to support your return to Syracuse University.
Failure to complete any of the above sanctions by the stated deadline dates may result in further disciplinary action including additional conduct charges being filed against you for failure to comply (Code of Student Conduct, section 12).
Consistent with University policy, records of Code of Student Conduct violations for are retained for seven years from the date of the most recent incident in the students file or until one year after the student has graduated from the University, whichever is longer, provided the student was not suspended, expelled, prohibited from future enrollment or otherwise withdrawn for disciplinary or medical reasons, in which case the records are retained indefinitely.
Should you have any questions, please feel free to contact this office. To review the Syracuse University Student Conduct System Handbook please visit syr.edu/studentconduct. If you have difficulty locating any online forms to send information to this office, please visit the "Forms" section of the Community Standards website or contact this office at studentconduct@syr.edu.
Sincerely,
Joshua D. Rich, Ed.M
Director
Community Standards
UNIVERSITY APPEALS BOARD DECISION
ITEMS PROVIDED IN THE CASE FILE FOR CONSIDERATION BY THE BOARD
Department of Public Safety Incident Report, Community Standards Initial Appointment Letter, Reschedule Appointment Letter, Refer to Hearing Referral Form, University Conduct Board (UCB) Hearing Notification Letter, email correspondence between Respondent and Community Standards Conduct Officer, Reschedule UCB Hearing Letter, Updated UCB Hearing Notice Letter, Email correspondence between Respondent and Community Standards, SPD Incident Report Summary, Pre- Hearing Submission from Respondent including Exhibit A-F, Hearing File ReadyLetter, Hearing reminder Letter, Email Correspondence regarding witnesses, CS Hearing outcome Delay for Final Examinations, UCB Outcome Letter, Intent to Appeal form and letter, Full Appeal form with statement attached, Full Appeal letter.
APPELANT INFORMATION
Please state which party submitted the appeal: Respondent
STATEMENT ON GROUNDS PLED ON APPEAL
Appeals must be based on one or more of the followingfour grounds, as stat ed in Part 12 of the Student Conduct System Handbook. Indicate on which ground(s) the appeal is based.
1. Procedural error that can be shown to have had a detrimental Impact on the outcome of the hearing.
2. Errors in the interpretation of university policy so substantial as to deny either party a fair hearing.
3. Grossly inappropriate sanction having no reasonable relationship to the charges.
STATEMENT OF THE ARGUMENTS
The appealing party presented the following three arguments and information in the documents submitted in support of the request for appeal:
• Appeal 1. In response to the grounds of "procedural error that can be shown to have had a detrimental impact on the outcome of the hearing", the Respondent argued that:
o Community Standards advised the hearing board onwhat they can do but did not share all of the polices and sanctions applicable in the case. Further, the board did not consider the policy of self-defense.
o Policy sanctions are supposed to be educational andnot punitive.
o In preparation for the hearing and arranging witness attendance, the Respondent realized that he did not have the contact information for the Impacted Party and because of the no contact order it caused him to have an unfair hearing.
o The statements of the Impacted Party and witnesses changed over time and because they were not present in the hearing the board had no basis to find the impacted party credible.
• Appeal 2. In response to the grounds of "errors in the interpretation of university policy so substantial as to deny either party a fair hearing", the Respondent argues:
o The Statement to Student Rights Section 7 says that the Respondent has the responsibility to protect himself "from all hazards to the extent that reasonable behavior and precaution can avoid risk". Community Standards and the University Conduct Board did not consider the Statement of Student Rights and self-defense in review of this case.
• Appeal 3. In response to the grounds of "grossly inappropriate sanction having no reasonable relationship to the charges", the Respondent argues that:
o Community Standards did not consider the fact that he only punched the Impacted Party after he was punched twice when considering the sanction. Community Standards told him that they would not consider self-defense, but the policy says they had to consider it.
o His individual circumstances should be considered. A suspension for the spring or fall would make him ineligible to play [redacted] and then he cannot afford to attend Syracuse University.
The opposing party presented the following information in the response to the appealing party's submission:
• There was no response from the Complainant.
ADDITIONAL INFORMATION CONSIDERED BY THE BOARD
State any other information considered by the Board in connection with the appeal.
The Board reviewed the full appeal and Code of Student Conduct.
REVIEW OF ORIGINAL BOARD'S DECISION
The Opinion of the original Board indicates the following:
• The Preponderance of the Information standard was used in its findings: Yes
• The Preponderance of the Information standard was met: Yes
THE DECISION OF THE BOARD
With regard to grounds pled on:
• Appeal #1, we find that the decision of the original boards should be sustained.
• Appeal #2, we find that the decision of the original board should be sustained.
• Appeal #3, we find that the decision of the original board should be sustained.
Recommendation of the University Appeals Board
State the specific changes, if any, recommended by the Board. If the Board is recommending further process or taking of testimony, state the issue(s) to be consideredand the body that will conduct this additional process.
The Appeals Board recommends that the decision of the original board be upheld.
Rationale of the Decision of the University Appeals Board
State the reasons for the Board's decision concerning each ground pled by the appealing party.
Appeal 1. In response to the grounds of "procedural error that can be shown to have had a detrimental impact on the outcome of the hearing", the Appeals Board finds that the original hearing board followed all University procedures in the review of this case. The originalhearing board used preponderance of evidence in the finding of fact and determinations of credibility using all available information.
The Respondent had a responsibility in their pre-hearing submission to provide the list of witnesses they wanted to present and was provided with the process to workwith DPS to request the officers. In review of the information provided regarding this matter, the AppealsBoard did not find any information to suggest that the Respondent requested the Impacted Party be contacted as a witness. Even if the Impacted Party had been requested, witnesses are not required to participate in a hearing, even upon being asked, and therefore this is not a procedural error shown to have a detrimental impact onthe outcome of the hearing.
The Respondent argued that sanctions are supposed to be educational and not punitive. The Code of Student Conduct states "The primary goal of the University Student Conduct System is education. In addition to educational sanctions, the University may issue sanctions that affect a student or student organization's status at the University." The Appeals Board supports the decision of the original hearing board and suspension is part of theeducational component of this sanction. This was not aprocedural error shown to have a detrimental impact on the outcome of the hearing.
Appeal 2. In response to the grounds of "errors in the interpretation of university policy so substantial as to deny either party a fair hearing", the Respondent arguesthat self-defense and the Statement of Students Rights should be considered. In review of this policy, theAppeals Board affirms that the Respondent may protect himself "from all hazards to the extent that reasonable behavior and precaution can avoid risk".
However, the Board determined that the Respondent chose to engage himself in the physical altercation when he could have avoided it. The Respondent acknowledged that he was not part of the initial incident and entered the altercation after it had begun at several points. Choosing to engage in an ongoing physical altercation is not an action of self-defense. Additionally, the extent of harm caused to the impacted party goes beyond a reasonable person's interpretation of self-defense. The Appeals Board finds the original hearing board did not err in their interpretation of University policy.
Appeal 3. In response to the grounds of "grossly inappropriate sanction having no reasonable relationship to the charges", the Respondent took responsibility for violating Section 1 and Section 3 of the Code of Student Conduct, and in their statement believed that when they punched the Impacted Party, they knocked their tooth out. In the standard sanctioning guidelines, the behaviors indicated are "physical harm without a weapon resultingin significant physical injury to another person". Based on standard sanctioning guidelines and the statementprovided by the Respondent, t he sanction of a one (1) semester suspension is an appropriate response to these behaviors. Furthermore, sanction guidelines are notinfluenced by individual student's academic or extracurricular involvement across campus.
The Appeals Board finds that the sanctions imposed are not grossly inappropriate and are reasonable given the charges and the behaviors in this matter.
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