Word: schaer
(lookup in dictionary)
(lookup stats)
Dates: all
Sort By: most recent first
(reverse)
...Supreme Judicial Court of Massachusetts heard arguments Monday in a case that tests the proper role of the legal system in student discipline. David Schaer, a former student at Brandeis, has accused the school of violating its own disciplinary procedures in a 1996 hearing that found him guilty of sexual misconduct. Although the court decision will consider only whether Brandeis followed its own rules in disciplining Schaer, a more important issue remains--namely, whether universities are competent to decide questions of fact in serious disciplinary matters...
...Schaer sued Brandeis after a disciplinary process through which he was judged to have engaged in "unwanted sexual activity," activity that he argued was consensual. The university's Board of Student Conduct, most of whose members were students, suspended Schaer for three months over the summer and placed him on disciplinary probation for his senior year. After losing an administrative appeal at Brandeis, Schaer sued in state court to clear his record and receive compensatory damages. He argues that Brandeis violated its published rules for disciplinary procedures by keeping an inadequate record of the evidence, condensing several hours of testimony...
...Schaer's lawyers emphasized that they believe a ruling in their client's favor would not break new ground, because Brandeis already has an obligation to follow its own rules...
...organization founded by Silverglate--the Foundation for Individual Rights in Education (FIRE)--along with the ACLU have also filed a friend-of-the-court brief supporting Schaer's case...
According to Silverglate, this case has attracted attention because it is one of the few cases in which a student plaintiff has successfully challenged a university's disciplinary finding--even if only in one round of the appeals process. The courts originally ruled in favor of Brandeis, but Schaer successfully appealed...