Otero, Sarah v. :Pace University 2025 NY Slip Op 32911(U)
Aug 18, 2025OUTCOME: The court vacated Pace University's decision to dismiss the student and matter was remanded with very specific instructions to Pace University,
Ms. Otero 's dismissal stemmed from two alleged incidents: an academic integrity violation and a prior professional conduct violation. Pace University failed to complete crucial steps under its Academi ... c Integrity Code (“AIC”) , including mandatory hearing rights after Ms. Otero declined Direct Resolution, Additionally Ms. Otero was improperly dismissed based on alleged violations of the APA Ethics Code which states that it is aspirational and not intended to constitute enforceable rules of conduct or professionalism. The court held that the " inconsistencies and disputed facts presented suggest that the University's decision-making process may have suffered from substantial prejudicial error in the Committee procedure or abuse of discretion on the part of the Committee as grounds for modification by a Provost in an internal appeal. These concerns are sufficient to warrant a remand for Pace to re-evaluate the matter, ensuring adherence to its full procedural commitments and a clear rationale for all aspects of its decision."
