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Three NYU students — including a med school hopeful — have won a court case fighting their suspension from school after photos showed them maskless at an off-campus party before the semester started.
Student athletes Elnaz “Elle” Pourasgari, Marc Santonocito and Ashley Storino all filed suit against the university last month after the trio and eight other students were suspended following an anonymous tip to the school that they appeared in the photos on Aug. 14 not social distancing or wearing masks at a party.
In addition to being suspended for the fall semester, the school placed them on academic probation for the spring semester and forced them to write research-and-reflection papers.
Manhattan Supreme Court Justice Carol Edmead annulled NYU’s sanctions against the track-and-field students, finding that the penalties were “arbitrary, capricious and constitute an abuse of discretion,” according to her ruling Wednesday.
While the school sent out a series of emails over the summer with new COVID-19 policies, it didn’t indicate that it would be enforcing those policies before the semester even began, Edmead found.
“Petitioners were not afforded clear, concise, full advance notice that the conduct they engaged in, at the time they engaged in it, would subject them to potential discipline,” the decision reads.
Still, the judge cautioned: “Regardless of whether petitioners ever posed an actual threat to the health or safety of the NYU community, the fact of the matter is that the type of conduct petitioners engaged in has played a substantial role in the transmission of COVID-19 and can have a direct impact on the universities.
“Indeed, similar events have resulted in COVID-19 outbreaks and several higher education institutions needing to close to all in-person instruction for the Fall 2020 semester.”
Plaintiff lawyer Karen Edler argued at a court hearing last week that the trio was following state and city guidelines by holding the gathering at one of their own off-campus apartments before the fall semester had even begun and they were sticking to a tight-knit “bubble” of friends — mostly limited to track and field team members — as per the recommended policy at the time.
But NYU lawyer Jessica Moller argued at last week’s hearing that the parties they attended had the potential to be “super spreaders.”
“The students’ failure to wear masks and failure to maintain social distancing put the university community, the students themselves and the students they were with … at risk for COVID-19,” Moller said during the hearing.
The students were able to start the semester on Sept. 2, because Edmead temporarily lifted the sanctions while she decided the case.
Edler told The Post after the hearing that fighting the suspension was expensive for the parents but the suspensions could otherwise ruin the students’ lives.
“Elle does want to go to medical school, Ashley wants her MBA and Mark is a needs-based scholarship student and it could be taken away and that would put him in a position where he couldn’t attend school,” Edler said at the time.
“We are very pleased with the court’s decision and with the court’s annulment of all the sanctions against the students,” Edler told The Post Thursday.
NYU Spokesman John Beckan said the university plans to appeal.
“NYU is disappointed with the court’s decision. In a time when COVID is spiking across the country, universities very much need to be able to enforce their rules about mask-wearing, physical distancing, and crowded parties, and this decision runs counter to that,” Beckan said.



