AMHERST — A University of Massachusetts student who led a protest at a career fair last fall, prompting administrators to give him a yearlong suspension, has won a temporary restraining order and preliminary injunction from a Hampshire Superior Court judge.
In a decision issued by Judge Jeffrey J. Trapani on Friday, UMass is prevented from dismissing Kivlighan de Montebello as a student for his actions at a Sept. 29 career fair. In addition, the decision prevents UMass from keeping de Montebello “from taking classes or otherwise fulfilling academic requirements” and from issuing any additional sanctions.
The temporary restraining order and preliminary injunction is the latest in an ongoing lawsuit brought in January on behalf of de Montebello, a junior from New York City who has led the campus chapter of Students for Justice in Palestine.
Filed by the National Lawyers Guild’s Massachusetts chapter and Zalkind Duncan and Bernstein, LLP, both of Boston, the lawsuit states that 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. 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.
“This is a huge victory for student free speech,” said Urszula Masny-Latos, executive director of the National Lawyers Guild-Mass Chapter, in a statement. “The court confirmed what we argued from the start: UMass cannot suspend a student for exercising his constitutional right to peaceful protest. Universities that silence dissent should take notice.”
“Kiv can now return to campus and continue his education while this case moves forward,” added co-counsel Naomi R. Shatz of Zalkind Duncan and Bernstein, LLP. “The court’s order makes clear that the Constitution does not permit universities to punish students for exercising their First Amendment rights.”
The career fair protest involved weapons manufacturer RTX, formerly Raytheon. 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 was filed 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. De Montebello claims that his First Amendment rights and civil rights have been violated.
While Trapani does not have the final say, his decision rejects the university’s contention that de Montebello’s presence on campus would lead to disruption of day-to-day business at UMass.
“The risk of harm to plaintiff from the gap in his educational record that the suspension would certainly create outweighs any risk of harm to the university should he be permitted to attend the university during the pendency of this litigation,” Trapani wrote.
UMass officials have previously said they don’t comment on active litigation, though did issue a statement about protecting First Amendment rights of students.
“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 issued 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.”
But Trapani indicates that the First Amendment rights could help de Montebello prevail should the case go to trial.
“Considering the evidence submitted by the parties, the court concludes that the plaintiff will likely succeed on the merits of his First Amendment claim.” Trapani cites a statement made by Hescock to the Hearing Board that “there were no disruptions inside the Campus Center auditorium, and the event proceeded as planned” and to Hajir’s Oct. 1, 2025 referral in which he said the action doesn’t appear to “describe a substantial disruption of that event.”
In addition to asking the court to find that constitutional rights were violated, the lawsuit asks that UMass vacate findings that de Montebello 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.