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SCHAER v. BRANDEIS UNIVERSITY.

No. 97-P-1868.

48 Mass. App. Ct. 23 (1999)

DAVID ARLEN SCHAER v. BRANDEIS UNIVERSITY & others.

Court of Appeals of Massachusetts, Middlesex.

September 30, 1999.

Attorney(s) appearing for the Case

David M. Lipton for the plaintiff.

Alan D. Rose for the defendants.

Present: KASS, PORADA, & LENK, JJ.

KASS, J.

As framed, the charges upon which Brandeis University (Brandeis) disciplined David Arlen Schaer, a thirdyear undergraduate, were (1) engaging in unwanted sexual activity; and (2) creating a hostile environment for the accuser, both offenses in violation of the rights and responsibilities section of the student handbook. The university board on student conduct found Schaer to have committed those infractions and disciplined

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