On May 30, 2015, The Boston Globe published an article written by Globe Staffer Walter V. Robinson entitled, "Expelled Under New Policy, Student Sues."
In the article, Mr. Robinson describes the new "get-tough sexual misconduct policy" enacted by Amherst College. He also quotes Max D. Stern, a partner with Todd & Weld LLP, who has filed suit on behalf of his client, a then 21-year-old senior who was expelled in December 2013 when Amherst College imposed its first major sanction under the new policy.
In April 2014, the expelled student presented the college with new evidence, but the school has allegedly taken no steps to revisit its decision. The lawsuit filed by Mr. Stern in the U.S. District Court in Springfield, Mass. asserts that the college is guilty of a miscarriage of justice against his client.
Mr. Stern alleges in the lawsuit that Amherst's investigation was "grossly inadequate," overlooking signs that would have cleared his client.
The Globe article states that the lawsuit raises issues about the tough new standards that have been adopted by colleges and universities, "standards that many legal scholars believe violate the rights of those accused of sexual misconduct."
Todd & Weld COVID-19 Update.