The Appellate Division, Second Department has reversed a state university finding that a student violated institutional codes during alleged sexual misconduct with another student, teeing up a possible fight before the New York Court of Appeals.

In a 3-2 vote, the panel found the Stony Brook University Appeals Committee erred in affirming a determination by a university review panel that a student violated codes of student responsibility by engaging in sexual contact with another student without her affirmative consent.