Schaer v. Brandeis University

As framed, the charges upon which Brandéis University (Brandéis) disciplined David Arlen Schaer, a third-year 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 disci*24plined him with a three-month suspension and by placing him on disciplinary probation for his last college year. On appeal the parties present questions about the availability…