Schaer v. Brandeis University
Massachusetts Supreme Judicial Court
735 N.E.2d 373, 432 Mass. 474 (2000)
Schaer (plaintiff) was a student at Brandeis University (defendant). A female student filed a complaint with Brandeis alleging that Schaer raped her in her dorm room. The university board on student conduct held a hearing and found Schaer guilty of engaging in unwanted sexual activity and creating a hostile environment. The board suspended Schaer for four months and placed him on disciplinary probation for the rest of his time at Brandeis. Schaer requested a new hearing before the university appeals board, but his request was denied. Schaer filed a lawsuit against Brandeis, arguing that his discipline was unfair and a breach of his contract with Brandeis. Specifically, Schaer alleged that Brandeis breached its contract with him by not properly investigating the allegation against him, by excluding testimony from his sister, by improperly considering the testimony of certain witnesses, and by not compiling a record of the hearing, all as required by the university student handbook. The trial court dismissed Schaer’s complaint for failure to state a claim for which relief could be granted. Schaer appealed, and the appellate court upheld the dismissal except for Schaer’s breach-of-contract claim. Brandeis then appealed.
Rule of Law
Holding and Reasoning (Abrams, J.)
Dissent (Cowin, J.)
Dissent (Ireland, J.)
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