A junior at the University of Massachusetts who contends he is facing a yearlong suspension from campus related to his leadership of Students for Justice in Palestine protests is bringing a lawsuit to Hampshire Superior Court.
Kivlighan de Montebello, a third-year student from New York, New York, filed the lawsuit Tuesday against UMass and two UMass employees, Jeff Hescock, who oversees the Demonstration Response and Safety Team, and Farshid Hajir, senior vice provost and dean of undergraduate education. He claims that his First Amendment rights and civil rights have been violated.
According to the lawsuit, filed by the National Lawyers Guild’s Massachusetts chapter and Zalkind Duncan and Bernstein, LLP, both of Boston, the action was necessary after the university’s Hearing Board on Dec. 15 found de Montebello responsible on three violations of the code of student conduct — creating disturbance, disruptive behavior and failure to comply — related to a Sept. 29 protest at a career fair. That Hearing Board then imposed on him a suspension from Dec. 22, 2025 through Dec. 31, 2026, the lawsuit states.
A final appeal of the punishment was dismissed by Pete Smith, who chairs the University Appeal Board, on Jan. 7.
“The university’s actions are not merely hypocritical — they are unlawful and unconstitutional,” the lawsuit states. It also notes that a pre-suspension hearing process denied de Montebello fundamental due process protections, including the opportunity to present witness testimony and cross-examine an accuser.
The lawsuit continues, “And the university sanctioned plaintiff for speech that caused no material disruption, infringed on no one’s rights and consisted entirely of peaceful protest in a public campus area — conduct indisputably protected by the United States and Massachusetts constitutions.”
In addition to a jury trial, the lawsuit is asking for a temporary restraining order and preliminary injunction so de Montebello can continue his studies.
While UMass issued a statement that the university does not comment on ongoing litigation, a spokesperson said its legal response will address the claims made in the court filing.
UMass also emphasized that it remains firmly committed to protecting the First Amendment rights of its students, faculty and staff.
“That commitment is reflected in university policy and long-standing practice. At the same time, the law is clear that expressive activity may be subject to reasonable restrictions that ensure that speech and protest do not block access to campus spaces, disrupt classes or university operations, or interfere with the ability of others to work, teach and learn.”
The statement continues: “As the university has previously stated, the code of student conduct is designed to promote accountability and restorative outcomes. In determining any sanctions, the university considers a range of factors, including the student’s prior conduct record.”
Urszula Masny-Latos, executive director of the Massachusetts chapter of the National Lawyers Guild, said de Montebello was punished for a peaceful protest, even though UMass calls on students to be engaged in political and social movements.
“UMass suspended a student for exercising his constitutional right to protest a weapons manufacturer and supporter of the ongoing war on Gaza,” Masny-Latos said. “That’s not education — that’s censorship.”
In addition, Jon Cubetus, staff attorney for the National Lawyers Guild, said, “Universities can’t claim to champion free expression while punishing students for speech that causes no disruption.”
“The Constitution protects peaceful protest, period,” said co-counsel Naomi Shatz of Zalkind Law. “Universities can’t punish students for exercising their First Amendment rights just because administrators find the message inconvenient.”
The lawsuit spells out what de Montebello maintains happened at the Sept. 29 career fair, where weapons manufacturer RTX, formerly Raytheon, was present.
At the event de Montebello used a bullhorn to initiate a call-and-response with other protesters about Raytheon’s role in the Palestinian genocide, contending the university’s complicity by allowing Raytheon to be at the career fair.
The lawsuit states that Hajir repeatedly characterized de Montebello’s behavior as “disruptive” and “defiant” and that Hescock had issued his first directive for de Montebello to stop using the bullhorn and stand behind stanchions in a designated corner.
In October, the lawsuit states UMass alleged five violations of the code of student conduct: threatening behavior, creating disturbance, disruptive behavior, failure to
comply and violation of university policies and regulations, the picketing code.
In addition to asking the court to find that constitutional rights were violated, the lawsuit also asks that UMass vacate findings that he violated the code of student conduct and the sanctions imposed; order UMass to expunge any record of the code of student conduct finding and sanction; award de Montebello compensatory, punitive and/or exemplary damages in an amount to be determined at trial; and award him all other damages as permitted by applicable law.