James HAIDAK, Plaintiff, Appellant, v. UNIVERSITY OF MASSACHUSETTS-AMHERST; Enku Gelaye, individually and in her official capacity as Dean of Students and Acting Vice Chancellor of Student Affairs and Campus Life of the University of Massachusetts at Amherst; David Vaillancourt, individually and in his official capacity as Senior Associate Dean of Students of the University of Massachusetts at Amherst; Allison Berger, individually and in her official capacity as Associate Dean of Students at University of Massachusetts at Amherst; Patricia Cardoso, Defendants, Appellees.
In the wake of allegations that student James Haidak assaulted a fellow student, the University of Massachusetts at Amherst (“the university”) suspended and then expelled Haidak. Seeking compensatory damages, declaratory relief, and an injunction preventing the university from enforcing the expulsion, Haidak filed this suit against the university and several of its officials. Following discovery, the district court entered summary judgment in the defendants’ favor. Haidak appealed to this court. For the following reasons, we find that the university violated Haidak’s federal constitutional right to due process in suspending him for five months without prior notice or a fair hearing, but that it did not thereafter violate his rights in expelling him after providing a fair expulsion hearing. We therefore affirm the dismissal of Haidak’s complaint in part and otherwise vacate the judgment and remand for further proceedings.
Haidak v. University of Massachusetts-Amherst. 2019. 933 F. 3d 56 (1st Cir. 2019).