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    Welcome to CasePrepPlus An advance sheet service summarizing recent and significant New York appellate cases
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    Featured Case

    Petitioner College Student is Entitled to a New Disciplinary Hearing; The Testimony at the Hearing by the College’s Title IX Coordinator Incorrectly Explained the Manner in Which Consent to Sex Can Be Communicated; Dissenting Justices Argued the Student Was Denied His Right to Cross-Examine the Reporting Individual and the Determination Should Be Annulled and Expunged

    The Third Department, reversing SUNY Plattsburgh’s dismissal of petitioner-student, over a two-justice partial dissent, determined that a new disciplinary hearing was required because the Title IX Coordinator’s (Butterfly Blaise’s) testimony at the hearing reflected a misunderstanding of how consent to sex can be communicated. The facts of the sexual encounter between petitioner and the “reporting individual,” another student, were presented at the hearing by Blaise because, by statute, the reporting individual can decide whether or not to participate in the hearing. The dissenting justices argued that the petitioner was denied his due process right to cross-examine the reporting individual and the determination should be annulled and expunged. The majority found that the procedure employed by the college, including notice of the charges, comported with the controlling “Enough is Enough Law” and due process. Matter of Jacobson v. Blaise, 2018 N.Y. Slip Op. 00205, Third Dept 1-11-18 

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    New York appellate courts release, on average, between 150 and 200 decisions per week. The CasePrepPlus service summarizes the most significant decisions, which include substantive discussions of the facts and the law, into one-paragraph summaries, which are prefaced by succinct headings, allowing the reader to quickly decide whether a case is of interest. Each summary is linked to the full decision. Keeping up with the decisions released the week before, a process which could easily take an individual attorney numerous hours every week, takes only minutes with CasePrepPlus.

    Summaries are written by Rochester-based attorney Bruce Freeman. For his bio, click here.