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GOMES v. UNIVERSITY OF MAINE SYSTEM

No. CIV.03-123-B-W.

365 F.Supp.2d 6 (2005)

Stefan GOMES and Paris Minor, Plaintiffs, v. UNIVERSITY OF MAINE SYSTEM, Trustees of the University of Maine System in their official Capacities on behalf of the University of Maine System, Peter S. Hoff, individually, Robert Kennedy, in his official Capacity as Interim President of the University of Maine, Elizabeth J. Allan, individually and as Chair of the Student Conduct Code Committee of the University of Maine, David Fiacco, individually and as Judicial Officer of the Student Conduct Code Committee, Robert Dana, individually and as Dean of Student Affairs at the University of Maine, and Robert E. Whelan, individually and as Chair of the Student Conduct Code Appeals Committee of the University of Maine, Defendants.

United States District Court, D. Maine.

April 8, 2005.

Attorney(s) appearing for the Case

Frederick F. Costlow, Richardson, Whitman, Large & Badger, Bangor, ME, Harrison L. Richardson, Richardson, Whitman, Large & Badger, Portland, ME, Mary F. Kellogg, Richardson, Whitman, Large & Badger, Bangor, for Paris Minor and Stefan Gomes, Plaintiffs.

Paul W. Chaiken, Rudman & Winchell, Timothy A. Pease, Rudman & Winchell, Bangor, ME, for University of Maine System, Trustees of the University of Maine System, Peter S. Hoff, Elizabeth J. Allan, David Fiacco, Robert Dana and Robert E. Whelan, Defendants.

ORDER ON DEFENDANTS' MOTION FOR SUMMARY JUDGMENT

WOODCOCK, District Judge.

On September 25, 2002, following a disciplinary hearing, the Student Conduct Code Committee (Hearing Committee) of the University of Maine found that the Plaintiffs, Stefan Gomes and Paris Minor, undergraduates at the University, had sexually assaulted a female student and, thereby, violated the Student Conduct Code. The University suspended them for one year. After the Plaintiffs...

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