Syracuse University expelled the Theta Tau fraternity more than four months ago, but court battles over the controversy continue as students involved in two lawsuits question the university’s disciplinary decisions. 

The release of the controversial Theta Tau videos this spring resulted in the permanent expulsion of the fraternity, a months-long student conduct process for people involved in the videos and the suspension of more than a dozen SU students. 

Five students filed a lawsuit against SU in federal court in April, claiming the university labeled them as “criminals” in an attempt to malign them “personally” to salvage its reputation, according to court documents. Four more students joined the lawsuit this summer.  

A second lawsuit was filed in Jefferson County Supreme Court in August by 10 students. The judge hearing this case signed an order temporarily prohibiting SU from enforcing disciplinary action against the students until a Sept. 19 court hearing, court records show, allowing at least two students who were previously suspended to attend classes. 

Why are there two lawsuits? 

The first lawsuit, filed in April, involves nine plaintiffs. The case was filed in federal court. The nine students’ each requested $1 million in damages and that their disciplinary records be cleared, per court documents.  

Students in the second lawsuit, filed in Jefferson County Supreme Court, argue that SU should reverse the 10 students’ suspensions and remove disciplinary notations from their academic records. This would allow students to return to SU or transfer to another college without a disciplinary notation on their transcript.  

Students in both lawsuits are being represented by Kevin Hulslander, Karen Felter and David Katz, attorneys at the Syracuse-based branch of Smith, Sovik, Kendrick and Sugnet. 

Unlike the first lawsuit, the students in the Jefferson County suit aren’t claiming monetary damages. They only want their suspensions reversed and their records wiped clean, according to court documents. 

When the parties in a lawsuit are each from a different state or country and there is more than $75,000 at stake in the suit, attorneys have the ability to file a suit in federal court instead of state court, according to Findlaw.com. Because three students in the second lawsuit are residents of New York, only a state court would have jurisdiction in the second case.  

The lawyers representing students in both lawsuits have argued in the Jefferson County court that the second lawsuit is “substantially different” from the first because the students are requesting “judicial review and reversal of an administrative decision” rather than monetary damages, according to court records.  

What are some important details from the lawsuits? 

The federal lawsuit specifically names Syracuse University and several administrators as defendants: Kent Syverud, SU’s chancellor; Rob Hradsky, dean of students; and Teresa Dahlberg, dean of the College of Engineering and Computer Science.  

The state lawsuit only names Syracuse University as a defendant. 

SU’s lawyers filed a motion in federal court for a preliminary injunction and temporary restraining order to prevent the students from suing in state court, arguing that the preexisting federal lawsuit should nullify the state lawsuit. A judge denied the restraining order on Aug. 28, but another judge could rule on the preliminary injunction after a hearing on Sept. 5, according to court records. 

A judge issues a restraining order to prohibit a person, business, corporation or organization from carrying out a specific action. Preliminary injunctions also prevent a person or entity from doing something, but they usually last for longer periods of time and require a hearing in which the opposing party is able to make a counter argument to the judge, according to Cornell University’s Legal Information Institute.  

Greek letters in front of the Theta Tau house on Harrison Street were covered in black spray paint. Alexandra Moreo | Senior Staff Photographer

Why Jefferson County? 

Venue laws determine where state lawsuits can be started. In New York, lawsuits are typically filed in the county where one of the parties resides. If the plaintiff lives in another state, it can be filed in the county of choice. 

In the second suit, three students who are residents of New York do not live in Jefferson County. Their lawyers were able to file the lawsuit in Jefferson County because a provision of the state’s Civil Practice Law & Rules only specifies that a trial takes place in the same district as “where the respondent made the determination complained of.”  

Onondaga County, where SU is located, is in the Fifth Judicial District, along with Jefferson, Oneida, Oswego, Herkimer and Lewis counties.  The students’ attorneys have said in federal court documents that they chose Jefferson County to avoid “media hysteria” where the events occurred. 

Why can a judge determine the legality of SU’s conduct process? 

The students suing SU in state court have filed their lawsuit as an Article 78 proceeding, which is a provision of New York civil law used to challenge an organization’s internal review process.  

In both lawsuits, the students’ lawyers argue that SU did not follow the rules laid out in its Code of Student Conduct relating to student suspensions and the disciplinary process. The judges in both cases are being asked to make a decision on the fairness of the students’ punishment. 

Article 78 proceedings are generally used to appeal the decision of a New York state or local agency. The provision also allows judges to make decisions on the fairness of a private institution’s internal processes, including student proceedings, according to The Student Appeal, an online law journal.  

Why have students been allowed to return to campus? 

James McClusky, a Jefferson County Supreme Court judge, ruled that SU could not enforce disciplinary action against the students before a hearing on Sept. 19. At least two students found guilty of “serious violations” of SU’s Code of Student Conduct have enrolled in classes as a result of McClusky’s order, court records show. 

Each of the 10 students suing in state court would consider returning to campus if they were allowed, per court documents.  

---

Published on September 3, 2018 at 9:40 pm

Contact Catherine: ccleffer@syr.edu | @ccleffert