The Appellate Division of the Supreme Court of the State of New York unanimously overturned a lower court’s ruling that supported Le Moyne College’s withdrawl of Scott McConnell’s registration into its graduate teacher program Wednesday.

The Appellate Court rejected the college’s claim that McConnell was not a matriculated student. Because McConnell had completed five courses at Le Moyne, the court said he should have undergone the due process procedures presented in the college’s rules and regulations handbook before his dismissal.

McConnell submitted an assignment on Nov. 2, 2004 that expressed his views on classroom management, including an environment with hard work at its foundation and where ‘corporal punishment’ is acceptable.

Cathy Leogrande, director of the graduate education program at Le Moyne, dismissed McConnell in a letter dated Jan. 13, 2005, stating, ‘I have grave concerns regarding the mismatch between your personal beliefs regarding teaching and learning and the Le Moyne College program goals. Based on this data, I do not believe that you should continue in the Le Moyne (Master of Science for Teachers) Program.’

Raymond Dague, McConnell’s lawyer and a 1978 alumnus of the Syracuse University’s College of Law, said he ‘very much’ agrees with the Court’s ruling.

‘He had been there for two semesters and got good grades,’ Dague said. ‘He was thrown out for not towing the line with someone’s notion of political correctness.’

McConnell said he was excited for winning his case and for the precedent it sets for future disputes between Le Moyne and its students.

‘I’m glad that the college can’t expel somebody because it disagrees with their point of view,’ McConnell said.

The college did not wish to comment on the court’s ruling, but prepared the following written statement granting permission for McConnell to register for classes: ‘Le Moyne College will abide by the decision of the Appellate Court and give Scott McConnell the opportunity to enroll in classes for this semester.’

In its statement, Le Moyne also declared that it is not finished with the McConnell case. Instead, it will appeal the court’s ruling to the New York Court of Appeals.

McConnell said he is not worried about the prospect of facing the college in court for a third time.

‘Let them appeal; it’s their right,’ McConnell said. ‘However, I can’t see the Appellate Court changing its mind when it was a unanimous decision.’

Dague said it is unnecessary for the college to appeal the court’s decision. He called the appeal ‘frivolous’ and said any appeal would be a long process.

Dague also could not determine Le Moyne’s reasoning to continue fighting.

‘Is it their intention to snatch his diploma away from him at the last minute?’ Dague said. ‘Sadly, this sort of political correctness is running rampant on college campuses. If you don’t hold the ‘right’ view, they don’t want you there.’

McConnell registered for classes Thursday morning, less than 24 hours after winning his case. Dague said he paid a visit to the education department to make sure there were not any problems with the registration process.

McConnell later addressed any persons that may disagree with the ruling.

‘I’m sure you’ll have some individuals that are not happy with the court’s decision,’ McConnell said. ‘My challenge to them is to persuade me by words, ideas and arguments, not by ignorance.’

Published on January 22, 2006 at 12:00 pm