Word: brandeises
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According to Brandeis counsel Alan D. Rose '67, the school maintains Schaer received a fair hearing. He added that students played a significant role in the decision to suspend Schaer, because four of the six members of the disciplinary board that made the decision were students.
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.
Newman, who helped author that document, said if Brandeis wins, the decision "will have an onerous and chilling effect on college students rights."
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...
"The student has almost always lost" in legal challenges, Silverglate said. "The lower courts have not taken seriously the application of these old principles of minimal fairness to private colleges. What shocked Brandeis...on appeal was that the intermediate appellate court said we had to take students' rights more seriously...