AFFIRMATION Affirmation in Support of Petition

--- Page 1 --- 1 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF TOMPKINS ------------------------------------------------------------X In the Matter of the Application of Index No. _____________/2026 JOHN DOE Petitioner, AFFIRMATION IN SUPPORT OF FOR A JUDGMENT PURSUANT TO ARTICLE 78 VERIFIED PETITION AND SECTION 3001 OF THE CPLR -against- CORNELL UNIVERSITY, Respondent. ------------------------------------------------------------X I affirm this 30th day of March 2026, under the penalties of perjury under the laws of New York, which may include a fine or imprisonment, that the foregoing is true, and I understand that this document may be filed in an action or proceeding in a court of law. 1. I am a partner of Bushell, Sovak, Kane & Sash LLP, attorneys for Petitioner John Doe. As such, I am fully familiar with the facts and circumstances set forth herein. 2. I submit this Affirmation in support of Doe’s petition under CPLR Article 78. 3. A true and correct copy of the Formal Complaint brought against Doe is annexed hereto as Exhibit 1 (redacted). 4. A true and correct copy of Cornell’s Policy 6.4 Procedures is annexed hereto as Exhibit 2. 5. A true and correct copy of Cornell’s hearing panel decision is annexed hereto as Exhibit 3 (redacted). 6. A true and correct copy of Hearing Communications regarding Panelist Bao CI2026-07227 Index # : EF2026-0292 FILED: TOMPKINS COUNTY CLERK 03/30/2026 01:47 PM INDEX NO. EF2026-0292 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 03/30/2026 1 of 3 --- Page 2 --- 2 being distracted during the hearing is annexed hereto as Exhibit 4 (redacted). 7. A true and correct copy of Cornell’s appeal panel decision is annexed hereto as Exhibit 5 (redacted). Alan E. Sash CI2026-07227 Index #: EF2026-0292 FILED: TOMPKINS COUNTY CLERK 03/30/2026 01:47 PM INDEX NO. EF2026-0292 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 03/30/2026 2 of 3 --- Page 3 --- 3 Word Count Certification I certify that the accompanying Affirmation, which was prepared using Microsoft Word, 12-point typeface, contains 308 words. This certificate was prepared in reliance on the word count function of the word processing system (Microsoft Word) used to prepare the document. Dated: March 30, 2026 Alan E. Sash CI2026-07227 Index #: EF2026-0292 FILED: TOMPKINS COUNTY CLERK 03/30/2026 01:47 PM INDEX NO. EF2026-0292 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 03/30/2026 3 of 3