Quinnipiac Student's Hazing Suspension Affirmed by State Court

If you have a question or concern about special education law, school administration, federal standards, or the overall rights of a student, please feel free to call the expert education law attorneys at Maya Murphy, P.C. in Westport today at (203) 221-3100 .

A court decision Thursday prevents a suspended Quinnipiac University student from taking part in the spring 2015 semester.

In January, John Demoulas, of North Andover, Massachu-setts, filed a civil suit in Meriden Superior Court against Quinnipiac and four university employees. The suit sought monetary damages and a temporary injunction that would allow him attend classes during the spring 2015 semester.

Demoulas, a sophomore, was one of three Quinnipiac students sanctioned during the fall 2014 semester after a reported fraternity hazing incident. He was suspended for two weeks in November, allowed to return in December to finish the semester, and then suspended for the spring 2015 semester.

On Thursday, Judge Jack W. Fischer issued a decision denying Demoulas' request to return for the spring semester. The lawsuit can still proceed, but Demoulas can't attend the university until his suspension is lifted at the start of the fall 2015 semester.

"Based upon all the evidence and circumstances of this case, this court finds that the plaintiff 's claims do not warrant the issuance of a preliminary injunction," Fischer wrote.

Michael Lynch, an attorney representing Demoulas, said Friday he was disappointed in the decision.

"Obviously John will not be back in school this semester, but the lawsuit can and will continue," Lynch said. "It now transfers over into a claim for damages arising from the university's conduct. Given what the judge says, it certainly looks like there is some liability on behalf of the university's conduct." University officials temporarily shut down Tau Kappa Epsilon in December, expelling one fraternity member and suspending two others, including Demoulas.

In a statement released Friday, Lynn Bushnell, the university's vice president for public affairs, said Quinnipiac is "pleased with the court's decision in favor of the university, allowing the results of its student conduct process to remain in place."

"The university will continue to be vigilant in disciplining students involved in hazing," Bushnell said.

The private university has 6,500 undergraduates and 2,500 graduate students at its campuses in Hamden and North Haven. Tau Kappa Epsilon is an all-male fraternity with almost 270 chapters and 260,000 members on campuses throughout North America.

Demoulas named four university employees in his lawsuit - Megan Buda, director of student conduct; Seann Kalagher, associate dean of student affairs; Monique Drucker, associate president of student affairs; and Mark Thompson, executive vice president and provost.

The court held hearings on Feb. 19 and Feb. 23, revealing details of the reported hazing. According to Thursday's court decision, Demoulas was placed on probation by TKE on Oct. 15 for failure to par-

See Suspension / Page C3

From Page C1

ticipate in activities. Later that month, the university received a letter about fraternity hazing, prompting an investigation.

A report alleges that Demoulas sent text messages to new members of TKE "telling them to come to his dorm room to clean up some vomit," according to Fischer's decision. "There appears to be no firsthand knowledge regarding this alleged incident, indeed, it appears to be based entirely upon hearsay, sometimes two and three times removed."

There were no copies of the alleged text message discovered, the court decision states.

In his lawsuit, Demoulas claims he didn't receive a fair hearing after the university investigation. Bruda sent a letter to Demoulas on Nov. 11 notifying him of his immediate suspension, without telling him what prompted the suspension, according to court documents.

Kalagher and Bruda held a conduct meeting with Demoulas on Dec. 2, during which Demoulas had no knowledge of the allegations against him. Demoulas was told of the allegations during the meeting, and asked if he wanted a continuance, but Demoulas declined, according to court documents.

On Dec. 3, Kalagher found Demoulas responsible for five violations in the student handbook. Demoulas appealed the decision, and Drucker held a hearing on Dec. 9, but the appeal was denied.

In his decision, Fischer wrote that a preliminary injunction is only granted when there is no adequate remedy. Demoulas' opportunity to attend classes has been delayed, not prevented indefinitely, Fischer wrote. The harm suffered by Demoulas is considerable, but temporary, he added.

In addition, an injunction is only issued if, based on testimony, it seems the plaintiff will likely succeed in the lawsuit. While Fischer wrote in his decision that Demoulas' claim of breach of contract against the university does have merit, he has "a very weak case in his intentional infliction ofemotional distress claim." Lynch said Demoulas and his family have "gone through quite a bit of emotional distress in dealing with this uncertainty."

If you have a child with a disability and have questions about special education law, please contact Joseph C. Maya, Esq., at 203-221-3100, or at JMaya@mayalaw.com, to schedule a free consultation.

Source: Judge Refuses to Lift Quinnipiac Student Suspension, The Hartford Courant