Papelino v. Albany College of Pharmacy of Union University

CHIN, Circuit Judge:

In this case, plaintiff-appellant Daniel Papelino alleges that he was sexually harassed by a professor when he was enrolled as a student at the defendant-appellee Albany College of Pharmacy (the “College”). He complained to the Associate Dean of Student Affairs. Shortly thereafter, thé College accused Papelino and his two roommates, plaintiff-appellant Michael Yu and plaintiff Carl Basile, of cheating on exams. All three were disciplined, and Papelino and Basile were expelled.

The three students successfully brought an Article 78 proceeding in state court to challenge the…