Practice point: Judicial review of an academic institution's
disciplinary determinations is limited to whether it substantially adhered to
its own published rules and guidelines, and whether the determinations are
based on a rational interpretation of the relevant evidence.
Student note: When a university has not substantially
complied with its own guidelines or its determination is not rationally based
upon the evidence, the determination will be annulled as arbitrary and
capricious.
Case: Matter of Kickertz v. NYU, NY Slip Op 06834 (1st
Dept. 2012).
Monday’s issue: Accountant malpractice claims.
