Students Win Court Case Against NYU, Reversing Their Suspension For Violating COVID-19 Policies
Three out of eight suspended students, all of whom were reported to have gone to a party maskless, sued the university and won.
Three of the eight students suspended from NYU for attending a party — track and field athletes Elnaz Pourasgari, Marc Santonocito, and Ashley Storino — sued the university and won their case, reversing their suspension for the Fall semester, according to an Oct. 22 New York Post article.
After an anonymous source sent photos of students maskless at an off-campus party held on Aug. 14. to NYU officials, eight students were suspended for the fall semester and put on academic probation for the spring. The university also demanded they write reflection papers on their actions.
The students claimed they were unfairly suspended, considering that the party was held at an off-campus apartment before the semester had started and that the party was confined to a tight-knit group of friends, who were mostly all track and field athletes.
During the Manhattan Supreme Court oral arguments held last month, Karen Edler, the lawyer for the three students, argued, “NYU believes it has the right to control its students’ actions anywhere in the universe during the students’ break.” Edler also said that the students received negative COVID-19 tests before the semester started.
Jessica Moller, the lawyer for NYU, argued that these kinds of parties — held with no social distancing or mask-wearing — have the potential to be “super spreaders,” regardless of if the students received negative COVID-19 test results afterward.
In her ruling, Carol Edmead, Manhattan Supreme Court Justice, found the penalties against the NYU students “arbitrary, capricious and constitute an abuse of discretion.” Edmead also maintained that NYU officials didn’t specify if their COVID-19 policies would be in place during the summer before the fall semester started.
“Petitioners were not afforded clear, concise, full advance notice that the conduct they engaged in, at the time they engaged in it, would subject them to potential discipline,” Edmead said in her decision.
According to the New York Post, NYU said that they are disappointed with the court’s decision and believe universities should be able to enforce rules regarding COVID-19 on its students to stop the spread of the virus.
University spokesperson John Beckman told the Post that NYU plans to appeal the decision the court made.
“NYU is disappointed with the court’s decision. In a time when COVID is spiking across the country, universities very much need to be able to enforce their rules about mask-wearing, physical distancing, and crowded parties, and this decision runs counter to that,” he wrote.
Local has yet to receive comment from Beckman. This article will be updated with any relevant developments.
