LeQuint Allen is Back

[GoSU96]

I guess my question in simplest form: Can the court reinstate him to school for the fall semester? If not, this whole filing was for the PR benefit and for that matter I think it worked but it won't get him back in school.

The court can find the school did not follow process and/or issued a sanction that was arbitrary and capricious and order that his suspension be lifted.

 

[dollarbill44]

The court can find the school did not follow process and/or issued a sanction that was arbitrary and capricious and order that his suspension be lifted.

Could the court, instead, instruct SU to rehear his case and adjudicate in a manner consistent with policy/precedent?

 

[OrangeXtreme]

 

[SWC75]

"Belief without evidence"

Is that how the legal system works?

(It does seem to be how the SUJC works.)

 

[Faegan]

I think the crux of his question is where does the state court get jurisdiction in LA's case. The answer here (I think) is that the court has jurisdiction in an Article 78 involving private school discipline where the school hasn't followed its own rules and/or the penalty imposed is egregiously unfair.

Regardless of anyone's opinion, I think this is the reality of the law.

 

[BKCuse]

Could the court, instead, instruct SU to rehear his case and adjudicate in a manner consistent with policy/precedent?

Furthermore could the court mandate better clock management at the end of the 2nd & 4th Q’s?

 

[FrancoPizza]

The court can find the school did not follow process and/or issued a sanction that was arbitrary and capricious and order that his suspension be lifted.

To find that… wouldn’t the court need to request hundreds of previous SU judicial rulings to establish a pattern or lack thereof? That could take months to review.

 

[Willy75]

I predict that no federal court will uphold that POS ruling purporting to OK religious discrimination. It's not a real case. You'd have to be a fool to try to cite that in any Federal Court other than "The Supremes".

Always interested in opinions on legal matters involving SU athletics.

 

[GoSU96]

To find that… wouldn’t the court need to request hundreds of previous SU judicial rulings to establish a pattern or lack thereof? That could take months to review.

No, it’s based on the record presented in the motion. It’s not a deep dive into how SU manages discipline, it’s focused on this one instance.

Where do you get this stuff?

 

[FrancoPizza]

No, it’s based on the record presented in the motion. It’s not a deep dive into how SU manages discipline, it’s focused on this one instance.

Where do you get this stuff?

How can the court rule that the decision was arbitrary or capricious without comparing to other SU decisions?

 

[GoSU96]

How can the court rule that the decision was arbitrary or capricious without comparing to other SU decisions?

It’s a standard independent of other decisions. It’s fact specific. You don’t need to know what they did before.

 

[Bill Orange]

I am not sure that this has been posted in the previous 44K replies, but look who is still on the roster as of 11:04am on July 6, 2023. LeQuint Allen - Football - Syracuse University Athletics

 

[DuxburyO]

I am not sure that this has been posted in the previous 44K replies, but look who is still on the roster as of 11:04am on July 6, 2023. LeQuint Allen - Football - Syracuse University Athletics

It still lists Lamson too though

 

[Ozone!]

How can the court rule that the decision was arbitrary or capricious without comparing to other SU decisions?

It wouldn’t be that hard to find ‘arbitrary and capricious’ decisions in past Syracuse decisions!

 

[sabach]

The court can find the school did not follow process and/or issued a sanction that was arbitrary and capricious and order that his suspension be lifted.

This is exactly correct. In my practice, Article 78 proceedings are difficult against a private entity, and I think Allen has a tough case even if I agree with him. The punishment for causing severe injury in the Student Code of Conduct is black and white, I do not think a court would rule on its face that that the level of penalty is arbitrary and capricious. The question is was it adequately proven that Allen caused the injury. When Allen is supposed to be the one who is responsible to bring the victim in to testify as to things like causation and the guy doesn't show up, how can they rule against Allen almost as a matter of law. The other question is whether self defense was adequately considered. I think SU tried to clean things up a bit in the final decision to show they looked at it but a Court may see into that and rule that it was not adequately considered at the initial stages. Tough case but I think he has a chance.

 

[Shrmdougluvr]

No, it’s based on the record presented in the motion. It’s not a deep dive into how SU manages discipline, it’s focused on this one instance.

Where do you get this stuff?

SU receives federal funding and State funding. What could happen (which I doubt most here really care about) is that the US Department of Education's Office for Civil Rights or the the NYS Division of Human Rights or Attorney General's Office take notice of the length of suspension imposed for an African American student and do a deeper dive into SU's practices of suspending students, focusing upon whether their are racial disparities. This is a somewhat common occurrence at the K-12 level. That does not necessarily directly change Allen's situation, but could cause SU to change its practices.

*** I am not claiming their are racial disparities in how SU imposes student discipline, that LA was the victim of such disparity, or that LA's suspension was even "unfair." Candidly, I have no clue as I have not read the entire record nor am I privy to disciplinary data.

 

[atlanticuse]

For reading this thread, do we get credits towards a JD ?

 

[Shrmdougluvr]

The court can find the school did not follow process and/or issued a sanction that was arbitrary and capricious and order that his suspension be lifted.

This is true, but I believe the Justice also has the authority to rule that a TRO and/or Stay is appropriate pending the outcome of the case. The wheels of justice grind slowly. It's possible a decision in this matter won't be rendered until December or January. Also, the Justice that decides the initial request for preliminary relief is not always the same Justice assigned to preside over the case.

 

[atlanticuse]

SU receives federal funding and State funding. What could happen (which I doubt most here really care about) is that the US Department of Education's Office for Civil Rights or the the NYS Division of Human Rights or Attorney General's Office take notice of the length of suspension imposed for an African American student and do a deeper dive into SU's practices of suspending students, focusing upon whether their are racial disparities. This is a somewhat common occurrence at the K-12 level. That does not necessarily directly change Allen's situation, but could cause SU to change its practices.

*** I am not claiming their are racial disparities in how SU imposes student discipline, that LA was the victim of such disparity, or that LA's suspension was even "unfair." Candidly, I have no clue as I have not read the entire record nor am I privy to disciplinary data.

I think we're taking this too far re: AA student.
The judicial council - and SU Public Safety for that matter - have a widely diverse makeup.
It wouldn't have mattered if this was LA or GS.

 

[sabach]

This is true, but I believe the Justice also has the authority to rule that a TRO and/or Stay is appropriate pending the outcome of the case. The wheels of justice grind slowly. It's possible a decision in this matter won't be rendered until December or January. Also, the Justice that decides the initial request for preliminary relief is not always the same Justice assigned to preside over the case.

But in this case, Judge Antonacci signed the TRO and Order to Show Cause to appear before him on a return date on submission only so Judge Antonacci will decide this case at least at the Supreme Court level. If this case ever goes to the Appellate Division in Rochester, there is no way it gets ultimately decided before the football season is over. So, if the TRO or a favorable judgment on the motion stays in play all the way to the Appellate Division, Allen could theoretically play the season and then actually lose the case.

 

[oldpinepoint]

But in this case, Judge Antonacci signed the TRO and Order to Show Cause to appear before him on a return date on submission only so Judge Antonacci will decide this case at least at the Supreme Court level. If this case ever goes to the Appellate Division in Rochester, there is no way it gets ultimately decided before the football season is over. So, if the TRO or a favorable judgment on the motion stays in play all the way to the Appellate Division, Allen could theoretically play the season and then actually lose the case.

But he would be in good standing and could hit the portal

 

[Shrmdougluvr]

I think we're taking this too far re: AA student.
The judicial council - and SU Public Safety for that matter - have a widely diverse makeup.
It wouldn't have mattered if this was LA or GS.

I don't know. I hope not. I suspect you are right. But many of these agencies work to justify their own existance.

 

[NineOneSeven]

73 pages huh?

 

[Chip]

73 pages huh?

Look at the bright side. We're all now qualified to practice law.

 

[shandeezy7]

Look at the bright side. We're all now qualified to practice law.