New York University v. Storino

FIRE filed a motion for leave to file a brief of amicus curiae in the New York Supreme Court Appellate Division's First Department in support of three New York University (NYU) students. These students were suspended by the University after attending off-campus gatherings before the semester began despite the fact that the University had provided no notice to their students that such conduct could subject them to discipline. Because NYU failed to provide students with “clear, concise, and full advance notice” of what it considers to be prohibited conduct, the trial court overturned NYU’s disciplinary sanctions against the three students involved in this lawsuit. Now on appeal by the University, FIRE's brief defends this ruling and the right of NYU's students to be free from arbitrary and capricious punishment. We argue that unclear, vague rules and regulations such as NYU's are incompatible with basic fairness. FIRE hopes that the appellate court will uphold the trial court’s good decision, which protects students’ rights to procedurally fair disciplinary processes.