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Fraternity鈥檚 lawsuit against Syracuse University reveals disciplinary process riddled with student rights violations

Syracuse University campus on Sims Drive. (Debra Millet/Shutterstock)

Syracuse University campus on Sims Drive. (Debra Millet/Shutterstock)

Syracuse University again finds itself embroiled in allegations that it trampled over the rights of its students. The facts demonstrate that despite absolutely no evidence of the Alpha Chi Rho fraternity being engaged in any conduct violation 鈥 having been cleared by both law enforcement and SU鈥檚 internal conduct process (twice, in fact) 鈥 SU repeatedly bowed to outside pressure to ultimately find the group guilty, reopening the investigation numerous times and disregarding clearly established facts to do so.

Alpha Chi Rho has now filed a alleging that SU鈥檚 arbitrary and capricious punishment of the group ran afoul of New York state law. The lawsuit also details the lengths to which university administrators went to punish the group over clearly baseless allegations. 

The incident at issue took place on Nov. 16, when an African-American student claimed members of the fraternity yelled a racial slur at her. The fraternity denied it, pointing out that the accused individual wasn鈥檛 even an SU student, let alone a member of their organization.

Regardless, the very next day, SU Chancellor Kent Syverud announced sweeping restrictions on all SU fraternities, even minority fraternities and those that he admitted had nothing to do with the alleged incident. This prompted FIREto write to SU on Nov. 22, calling on the university to lift its restrictions on students who, by SU鈥檚 own admission, did not violate any university rules. FIREdid not receive a substantive response. 

According to the Alpha Chi Rho , during this time, the Department of Public Safety officers investigating the incident could not find any evidence corroborating the accuser鈥檚 claims. In fact, witnesses, including the accuser鈥檚 family, contradicted her allegations and supported the fraternity鈥檚 version of events. Nevertheless, SU suspended the fraternity and four of its members, charging them with 鈥渉arassment,鈥 among other violations. On Dec. 6, the hearing board, upon seeing video recordings and hearing testimony demonstrating that no group member uttered any racial slurs, the students of all charges.

In SU鈥檚 quest for a guilty verdict, any notion of fundamental fairness and common sense were cast aside.

But this utter lack of evidence did not deter SU 鈥 on Jan. 10, it the same exact and alleged the exact same facts against the fraternity. Upon rehearing this same evidence, the disciplinary board unsurprisingly reached the same conclusion and the fraternity in a hearing held on Jan. 17.

SU could have let sleeping dogs lie, but instead, on Jan. 29, it the group that its decision was actually a 鈥渨orking draft鈥 sent in error, and that the hearing board was still deliberating. Meanwhile, there were widespread student protests on campus over several alleged racial incidents. The protests included criticism of SU for allowing the fraternity to remain on campus, that 鈥渕ore than a dozen鈥 fraternity members 鈥渧erbally assaulted鈥 the accuser 鈥渋n clear sight of the DPS office.鈥

On Feb. 11, SU course, issuing yet another opinion, this time finding the group responsible for the allegations. Strangely, this decision cited the same factual findings as its previous decision clearing the group. The group appealed this decision to a university appellate panel, which promptly the latest decision and again cleared the group, finding that 鈥渢here is no basis in University policy on which to hold AXP responsible for the alleged conduct.鈥 

That should have been the end of it. Instead, SU came under intense pressure from the ongoing student protests, which for SU to banish the group and for several SU administrators to resign amidst their handling of the case.

One of those administrators, SU Senior Vice President for Enrollment and the Student Experience M. Dolan Evanovich, the fraternity on March 3 that he rejected the appellate panel鈥檚 decision and reimposed the finding of responsibility. He then suspended the fraternity for a calendar year and required the group to complete a series of diversity initiatives prior to its reinstatement. 

The fraternity with a lawsuit this month, asserting that it 鈥渉ad been denied due process under 鈥 [SU鈥檚] own policies and procedures鈥 in violation of New York state law. 

The fraternity鈥檚 lawsuit lays bare SU鈥檚 disturbing disregard for students鈥 rights and its own policies. The now university documents revealed by the lawsuit demonstrate that in SU鈥檚 quest for a guilty verdict, any notion of fundamental fairness and common sense were cast aside. 

Rather than afford the students their right to an adviser, a decision supported by the evidence, or freedom from double jeopardy, SU ran roughshod over this student group鈥檚 due process rights in its blatant desire to punish them despite the evidence. 

FIRE hopes the court takes Syracuse University to task for violating its students鈥 fundamental rights.

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