FOR A JUDGMENT PURSUANT TO ARTICLE 78 OF THE CPLRDECISION AND ORDER
*1 This matter comes before the Court upon a Verified Petition of John Doe (“Doe”), dated July 27, 2017, brought under CPLR Article 78, and an Order to Show Cause signed by this Court. Petitioner seeks: 1) a declaration that Respondent Cornell University (“Cornell”) acted arbitrarily and capriciously in a disciplinary proceeding against Doe, by failing to substantially comply with its own rules, procedures and guidelines; 2) a declaration that the disciplinary determinations made against Doe were not supported by substantial evidence; and 3) a stay of the disciplinary determinations made against him. Petitioner also filed an Amended Verified Petition adding a claim that the determinations did not have a rational basis in the record. Cornell filed 2 motions in response-one to vacate the stay imposed in the Order to Show Cause, and the other to dismiss Count II of the Petition for failure to state a claim, arguing that the determinations questioned by Doe are not subject to the substantial evidence standard. Cornell also filed a Verified Answer and Objections in Point of Law, seeking to dismiss the remaining two Counts as well.The case was previously before the Court to address Doe’s separate Petition (Index No.: EF2016-0192) that Cornell had failed to process his complaint against the Title IX investigator, Elizabeth McGrath (“McGrath”) for gender bias. The Court issued a Decision and Order on January 20, 2017 finding that Cornell’s decision not to promptly investigate Doe’s complaint was without a rational basis, and directing Cornell to immediately process and investigate Doe’s discrimination complaint against the investigator. The Court issued an Amended Decision and Order dated March 13, 2017, which did not alter the substance of the Court’s determination. Cornell retained outside counsel, Bruce Melton, Esq., to investigate Doe’s complaint against McGrath. The outside counsel issued a report on March 10, 2017 concluding that gender bias was not a contributing factor in any decision made by the McGrath. The investigation into the Roe and Doe complaints continued.
