UMass Amherst rebuts claims it violated student’s rights after Gaza protest
NORTHAMPTON — Kivlighan de Montebello , the student alleging he was suspended by UMass Amherst for protesting in support of Palestine, is unlikely to prevail in his request for a judge to allow him to return to school, the university's lawyer says in new court documents.
Documents filed Friday by the defendant — the University of Massachusetts Amherst — oppose the student's request for a temporary restraining order and injunctive relief that would lift his suspension, and allow him to take and register for classes. The defendants are represented by Michael Barry Hoven, associate counsel for the UMass Office of the General Counsel.
"Endorsing plaintiff's expansive view of speech rights and enjoining the university from disciplining him would threaten to disrupt all of the university's day-to-day business," Hoven wrote in the 22-page motion for opposition. "Subjecting the university to this would impose significant hardship on the university and all of its staff and students."
When reached for comment, the university declined to comment on pending litigation. Hoven could not be immediately reached for comment.
Last month in Hampshire Superior Court, de Montebello, a junior, sued UMass Amherst; Jeffrey Hescock, its associate vice chancellor of environmental health and safety, and emergency management; and Farshid Hajir, its senior vice provost and dean of undergraduate education.
De Montebello alleged the university violated his constitutional rights after he protested in support of Palestine at a September career fair at the Isenberg School of Management.
A member of the university's Students for Justice in Palestine chapter, de Montebello was one of several students protesting at the career fair where RTX, formerly known as Raytheon, a defense contractor, was present. He was previously arrested and charged for three other pro-Palestinian protests since 2023. Those charges have either been reduced or dropped.
Hoven said in court documents that the university's Demonstration Response and Safety Team, which included Hajir and Hescock, developed a plan to manage potential protests ahead of the career fair on Sept. 29.
Throughout the protest, the defense argues that de Montebello ignored attempts by the team to inform the student protesters about the university's policies and the use of amplified sound. Hescock allegedly then issued two notices to de Montebello, the documents say.
A third notice later was issued to de Montebello, after he allegedly failed to stop chanting loudly, and he and the other students were directed to leave.
A reporter could not immediately reach the National Lawyers of Guild of Massachusetts, one of the law firms representing de Montebello, for comment.
The claims
De Montebello claimed that the university violated his rights to the First Amendment, which protects free speech, and 14th Amendment, which protects equal treatment and due process. He also said the university breached its contract with him.
The university alleges de Montebello admitted that he led a group of protesters in call-and-response chants indoors, both with and without a megaphone near the area where the career fair was, Hoven said.
"Because his actions violated reasonable and neutral university policy, and were both disruptive and could be reasonably forecast to cause disruption, plaintiff will not prevail on his free speech claim," the opposition documents say.
On the claim the university breached its contract with de Montebello, Hoven argues that UMass Amherst followed the terms of its policies. Hoven also argues that Hajir and Hescock, the university officials, cannot be the basis for relief — vacating his suspension — because neither was involved in decisions to find him responsible for violating university policies or the Code of Student Conduct.
The UMass filing request a Hampshire Superior Court judge deny de Montebello's motion for relief.
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