Assembly Bill A9298

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9298

                          I N  A S S E M B L Y

                            February 14, 2012
                               ___________

Introduced by M. of A. THIELE -- read once and referred to the Committee
  on Higher Education

AN  ACT  in relation to the return of tuition to certain students of the
  state university attending the Southampton campus of the State Univer-
  sity of New York at Stony Brook

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Legislative findings. The Legislature hereby finds that on
April 7, 2010, the President of Stony Brook University made  a  decision
to substantially close the Southampton campus of the Stony Brook Univer-
sity.  On May 25, 2010, certain students of the Southampton campus chal-
lenged that decision by an article 78 proceeding. On  August  30,  2010,
the  Supreme Court of the state of New York issued a memorandum decision
granting the petition of the students. The court found that  the  presi-
dent  had  violated  the procedures of section 356 of the Education Law.
The court annulled the decision of the president  substantially  closing
the  campus  and granted the students a permanent injunction prohibiting
the closure of the Southampton campus.
  On August 10, 2011, the parties to the article 78  proceeding  settled
the  litigation.  In  part,  the president of Stony Brook University was
required to "apologize for the disruption to the lives of  the  student-
petitioners and other students" caused by the illegal decision and Stony
Brook  University  was required to partially reimburse the legal fees of
the student-petitioners.
  The legislature further finds the decision to  close  the  Southampton
campus,  in  addition to be illegal as violated promises and commitments
made to these students by the State University. In many cases, students,
in reliance on such promises and commitments had  foregone  scholarships
and  admissions  offers  to other schools based upon this reliance. Many
students chose the Southampton campus because of its small school, rural
atmosphere, which could not be duplicated at Stony Brook. The suddenness
and timing of the decision left students with no alternatives to attend-
ing Stony Brook University.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13529-01-1
              

A. 9298                             2

  Therefore, the legislature concludes that in order  to  exercise  good
faith  to  these  students,  they  should  be  entitled to a one hundred
percent return of tuition for the school year 2010-2011.
  S  2. Notwithstanding the provisions of section 212-b of the education
law or any other law to the contrary,  any  eligible  student  who  paid
tuition  to Stony Brook University for either the fall or spring term of
the 2010-2011 school year, or both, who demands a refund in writing  for
such  term or terms before the ninetieth day after the effective date of
this act shall be entitled to a one  hundred  percent  reimbursement  of
such  tuition within sixty days of receipt of such demand by the univer-
sity. For the purposes of this act, an "eligible student" shall  mean  a
student  in good standing of Stony Brook University attending classes at
the Southampton campus as of April 7, 2010.
  S 3. This act shall take effect immediately.