Word: schaer
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...David A. Schaer, a former Brandeis University student who accused the school of unfairly disciplining him for alleged date rape in 1996, lost his appeal in a decision by the Supreme Judicial Court of Massachusetts yesterday...
...court ruled Schaer had "failed to state a claim on which relief may be granted." This decision overturned a previous appellate court ruling that had ruled in Schaer's favor...
...Schaer claimed Brandeis had breached its "contract" with him when the school didn't follow the disciplinary process as laid out in the student handbook. But the court determined that Brandeis had followed procedure in the areas in which Schaer objected...
...school suspended Schaer for several months and then put him on disciplinary probation for the remainder of his time at Brandeis. A woman undergraduate accused him of raping her while they were spending time together in her room, but Schaer claimed the intercourse was consensual...
...state appellate court has ruled that Schaer's case should be allowed to proceed to trial, and this decision ought to be upheld. Universities owe their students some form of procedural safeguards in disciplinary matters, and at the very least universities should be held to the procedures described in their official publications. Should a university make no guarantee whatsoever of fair process in its student handbook, as the Civil Liberties Union of Massachusetts has argued, students might be inclined to go elsewhere; to renege on procedural guarantees infringes on basic notions of fairness. The courts should feel no reluctance...