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'Very Harsh' but 'Not Shockingly Disproportionate': Court OKs University's Suspension of Students for Attending Off-Campus Parties Without Masks

“It does not shock the conscience for a university, acting during a pandemic, to enforce rules designed to prevent the spread of the virus with the penalty of suspension," New York's Appellate Division, First Department wrote.

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New York University. (Photo: Shutterstock) New York University. (Photo: Shutterstock)

Writing that “courts retain a restricted role in reviewing the determinations of private universities,” a state appeals court has ruled that New York University’s suspension of three student-athletes for not wearing masks or distancing from others at August 2020 off-campus parties, despite the school’s safety policies and its COVID-19 notices, must stand.

The decision from the Appellate Division, First Department court reverses an October 2020 ruling from Manhattan Supreme Court Justice Carol Edmead, who had annulled the students’ Fall 2020 semester-long suspensions, ordered the suspensions removed from their school records, and directed NYU to allow the students to complete their fall coursework.

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Jason Grant

Jason Grant

Jason Grant is a staff writer covering legal stories and cases for the New York Law Journal, the National Law Journal and Law.com, and a former practicing attorney. He's written and reported previously for the New York Times, the Star-Ledger, the L.A. Times and other publications. Contact him at [email protected] On Twitter, pls find him @JasonBarrGrant

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