Law student's rescinded admission is upheld by New York's top court
New York’s top court has upheld a law school’s decision to rescind admission of a student for failing to accurately describe the circumstances of an expunged drug condition.
In an April 2 opinion (PDF), the New York Court of Appeals said the decision to rescind the admission of student David Powers was not arbitrary and capricious, the Legal Profession Blog and the New York Law Journal (sub. req.) report.
Powers, a certified public accountant working at PricewaterhouseCoopers, completed three semesters as a part-time student at St. John’s University School of Law. He told the school in his November 2005 application he had formerly used drugs, was once “pulled over by the police shortly after a drug deal.” He also pleaded guilty to third-degree possession of a controlled dangerous substance.
Powers actually pleaded guilty to possession with intent to distribute in the third degree as part of a plea deal. He initially pleaded guilty to more serious charges of second-degree distribution of LSD and second-degree possession of LSD with intent to distribute, but he was allowed to enter the substitute plea after completing inpatient drug treatment.
The disparity between his actual plea and the conviction disclosed to the law school came to light when Powers sought an advance ruling on whether he could be admitted to the New York bar with his background.
“The law school’s treatment of Powers was rational insofar as it was not wholly inconsistent with the school’s approach to rescission of admission in general,” the New York Court of Appeals said. The school has an unwritten policy of not admitting people who sell drugs. The school also warns applicants that failure to provide truthful answers can result in dismissal and rescission of a degree.
A dissenter said the law school had not proven its unwritten policy.
Powers’ lawyer, Roland Acevedo, told the New York Law Journal his client was disappointed in the decision. “I am particularly troubled because I think it sends the wrong message to the thousands of young men, particularly young men of color, who have successfully rehabilitated themselves,” said Acevedo, who became a lawyer despite a prior conviction for armed robbery. “The message is that you can’t get back on track.”
Related article:
ABAJournal.com: “CPA’s Stellar Law School Career Screeches to a Halt as St. John’s Rescinds His Admission”
