According to an official from the Federal District Court in Springfield, Mass., Cullen Roe’s hearing regarding his suit against the University for his “interim restriction” from the University of Massachusetts has been cancelled.
Roe was expelled prior to his disciplinary hearing as a result of his participation in the Southwest Residential Area disturbances immediately following Superbowl XLVI. He was required to leave campus two days after the incident.
As stated in the University’s Code of Student Conduct, “either the Chancellor or the Vice Chancellor for Student Affairs or their designee may impose restriction(s) upon a student pending disciplinary proceedings, such interim restrictions to become effective immediately without prior notice whenever there is ground to believe that the student is an imminent threat to himself or herself, to others, or to property, or the cause of serious imminent disruption to the University community.”
Under these guidelines, the University would be legally required to provide evidence or adequate justification that Roe needed to be removed from campus in an interim restriction because he was an “imminent threat” to himself and/or the campus community.
Additionally, the Code of Student Conduct continues to add that “Notwithstanding any other provision of the CSC to the contrary, after oral or written notice to the student of the alleged conduct, a meeting between the student and the designated University official will be held prior to the imposition of interim restrictions whenever reasonably possible.”
Therefore, the University would also need to demonstrate that there were no reasonable circumstances under which Roe and officials from the Dean of Students could have met prior to his interim restriction.
The hearing was to be held tomorrow, as reported by CBS 3.
Stay with DailyCollegian.com as the story develops.
Alyssa Creamer can be reached at [email protected]. Dan Glaun can be reached at [email protected].
Ed Cutting • Feb 22, 2012 at 1:05 am
What kind of hearing? Was he asking for an injunction?
Anything else seems awfully quick for a Federal Court to schedule — and as to the admin backing down, if they did, Deidre is not stupid and probably is rather p***ed at UM for this stunt. She probably is asking the same thing I did, exactly why couldn’t you hold a hearing sometime last week?
Typical • Feb 21, 2012 at 6:15 pm
The moonbat administration 100% backed down
Bumpers • Feb 21, 2012 at 4:42 pm
UMass’ interim sanction policy is definitely a violation of Constitutional due process guarantees… respect to Cullen for calling their bluff in court. I’ll bet they offered to change his sanction to suspension or something. Too bad he likely wont get back his tuition for this semester which the university administration stole from him… also too bad that the Federal courts didn’t get a chance to finally end this likely illegal sanction that the Dean of Students is always ready to hand down with very little or no actual evidence.