Practice point: Judicial review of a school's disciplinary
determinations is limited to whether it substantially adhered to its own
published rules and guidelines, and whether the discipline is based
on a rational interpretation of the relevant evidence. Here, to the extent that plaintiff's causes of action were a challenge to her expulsion, she was only entitled to article 78 review, and the filing of the article 78 proceeding
mandated dismissal of the plenary action insofar as it raised such
claims.
Student note: However, to the extent the gravamen
of plaintiff's causes of action is not a challenge to the decision to
expel her and is not duplicative of the petition's allegations, she is
not limited to article 78 review and may seek damages in a plenary
action.
Case: Kickertz v. New York Univ., NY Slip Op 05781 (1st Dept. 2013).
Here is the decision.
Monday's issue: Vacating a default, and demonstrating merit.
