In a unanimous decision, the New York State Appellate Division, Third Department, ordered the University at Albany to reinstate a student who had been suspended following a Title IX investigation, ruling that the school had failed to follow its own procedures during the disciplinary process.
The ruling, issued in May 2025, marks a significant moment for student rights and due process on college campuses, particularly in Title IX cases involving allegations of sexual misconduct.
The Facts: Suspension Without Cross- Examination
The case arose from allegations made in August and September 2022, when two freshmen — one male and one female —shared a gender-inclusive dorm room at UAlbany. The female student later accused her roommate of non-consensual kissing and touching on three occasions.
The school’s Student Conduct Board suspended the accused student, relying exclusively on unsigned, unsworn written statements submitted by the complainant, who did not attend the hearing. Despite those procedural limitations, the board found him responsible and denied his appeal.
But according to UAlbany’s own Title IX policy, cross-examination must be permitted when the only evidence presented involves disputed statements by an absent complainant. That standard was clearly triggered here – and ignored.
Justice Michael C. Lynch, writing for a panel of five unanimous appellate judges, stated:
“Because the [alleged victim] was absent from the hearing and not subject to cross-examination… [and] the sole evidence relied upon… were her written statements… UAlbany failed to substantially comply with its own procedures… prejudicing petitioner.”
The court ordered that the student be reinstated, his record expunged, and the findings of misconduct annulled.
Why This Ruling Matters: Due Process in Title IX Cases
While schools are not required to mimic courtroom procedures, they must follow their own internal policies, especially when the stakes are as high as a long-term suspension, loss of public reputation, or denial of academic opportunity.
This case reinforces that:
- Cross-examination rights cannot be waived when the credibility of a witness is in dispute.
- Unsigned written statements are insufficient as sole evidence when the complainant declines to participate in the hearing.
- University student misconduct proceedings, like Title IX proceedings, are subject to judicial review in New York.
The accused student in this case was never criminally charged, and his attorney confirmed that the suspension resulted in him losing more than two academic years and facing rejection from other schools before finding one that would accept him.
How Hacker Murphy Protects Students in Title IX and Campus Disciplinary Cases
At Hacker Murphy LLP, we regularly represent students accused of misconduct in Title IX and student disciplinary proceedings across New York state and all over the Northeast. These cases involve complex layers of policy, administrative discretion, and legal risk. When a school mishandles the process, as happened here, the results can be life-altering.
Our attorneys:
- Review all procedural elements of the university’s code to ensure compliance
- Prepare students for hearings, interviews, and appeals
- Challenge unjust findings through school appeals or Title IX filings in court
- Fight for record expungement and reinstatement when appropriate
We understand that being accused doesn’t make someone guilty, and that every student is entitled to a fair process.
Learn more: How Hacker Murphy Defends Students in Title IX and Disciplinary Cases
Key Takeaways
- Internal policies matter: Schools must uphold their own rules or risk having decisions overturned.
- Cross-examination isn’t optional in Title IX proceedings.
- Judicial review is a powerful tool: Students have legal recourse if campus procedures fail them.
Final Thought
This decision sends a clear message to colleges and universities: disciplinary shortcuts, even unintentional or well-intentioned ones, can cause irreversible harm. When your future is on the line, the right legal representation makes all the difference.
If you or your child is facing a disciplinary hearing or Title IX proceeding, contact Hacker Murphy today. We are prepared to advocate for your rights, reputation, and future.