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Message: [QUOTE="sabach, post: 4702360, member: 866"] 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. [/QUOTE]