Schaer v. Brandeis University

(dissenting, with whom Cowin, J., joins). I write separately because I believe the court, while correctly assuming that a contract exists between Brandéis and its students regarding the university’s disciplinary procedures, fails to interpret the provisions of the disciplinary code in a commonsense way, or in a manner consistent with the standard rules of contract interpretation. The strained reading the court gives to these contractual provisions is troubling because Brandéis should be required to follow its own internal rules when imposing serious disciplinary sanctions on a student. As…