NORTHAMPTON — A Hampshire Superior Court judge has denied a University of Massachusetts student’s effort to stop a yearlong suspension brought on by an incident in which he drunkenly entered the wrong home.
Judge Richard Carey last week rejected a request by Zachary S. Tandara-Kuhns to stay a suspension ordered by the university. Tandara-Kuhns, a senior at the university, filed a complaint for judicial review in superior court on Jan. 2.
“Here, the crux of the plaintiff’s argument is that the University cannot discipline him for conduct that occurred off-campus. Not surprisingly, the University disagrees,” Carey wrote.
The town of Amherst is part of the university community, and “it is no more than plain common sense to conclude that having an intoxicated University student, half dressed, trespass into a private home where children are sleeping” and sit down on a bed, Carey wrote, “most certainly could adversely affect the University community.”
Tandara-Kuhns, of Lexington, was arrested Sept. 23 at 6:50 a.m. on Gray Street and charged with breaking and entering to commit a misdemeanor and disturbing the peace. He admitted in Eastern Hampshire District Court Nov. 3 to criminal trespass. The case was continued without a finding of guilt for a period of six months, during which he must abstain from alcohol and engage in counseling, according to court documents.
Four days after the incident, Tandara-Kuhns received a notice from the university which then began the school’s disciplinary proceeding against him. The Student Conduct Board convened on Nov. 29 and found Tandara-Kuhns had violated the university’s student code of conduct and suspended him for a year beginning Jan. 1. The university denied Tandara-Kuhns’ appeal of the board’s decision.