De Montebello v. University of Massachusetts Amherst

Summary

At UMass Amherst on September 29, 2025, about 20 students with Students for Justice in Palestine, including third‑year student Kivlighan de Montebello, protested at a campus career fair to oppose the presence of the defense contractor Raytheon, citing its role in the conflict in Gaza. De Montebello used a bullhorn to lead chants about Raytheon’s role in weapons manufacturing and the University’s involvement. He and the other students complied with University instructions to stop using amplified sound, remain in the designated area, and eventually disperse. The complaint stated that no material disruption to the fair or classes occurred during the demonstration.

The University notified de Montebello on October 10, 2025, that he faced a conduct referral related to the protest, alleging five violations of the Code of Student Conduct. He met with a case administrator on October 31, and on November 7, he was found responsible for four charges and suspended from November 7, 2025, through May 31, 2026, barring him from classes and housing unless readmitted after a re-entry process. After a December 5 Hearing Board review, at which he was allowed only opening and closing statements and no witness testimony or cross-examination, he was found responsible for three charges and suspended from December 22, 2025, through December 31, 2026. His appeal to the University Appeal Board was denied on January 7, 2026.

On January 27, 2026, de Montebello filed a complaint in Hampshire County Superior Court against the University and two administrators, alleging that the suspension and related procedures violated his First Amendment rights, denied due process, and breached the university’s policies. The lawsuit asserted that the protest was peaceful, did not disrupt university operations or infringe on others’ rights, and that he was deprived of procedural protections, including presenting witnesses and cross-examining his sole accuser. The complaint sought a jury trial, vacatur of the disciplinary findings and sanctions, expungement of records, damages, and injunctive relief to allow him to continue his studies.

UMass Amherst stated that it protects First Amendment rights but that expressive activity may be subject to reasonable time, place, and manner restrictions to avoid disrupting campus operations. De Montebello maintained that the sanctions were “quite ludicrous,” that he was the only student charged, and that the suspension hindered his education and prospects.