SPRINGFIELD, Mass. (WGGB/WSHM) - A UMass Amherst junior is suing the school, alleging it violated his first amendment rights, when he was suspended for protesting on campus last year. The student’s lawyer claims he was demonstrating peacefully, but the university says he was suspended, not for the protest, but for breaking the code of conduct.

Kivlighan De Montebello is taking his own college to court after filing an 18-page lawsuit Tuesday.

Allegations in the suit stem from September 29th, when De Montebello, a member of Students for Justice in Palestine helped organize a protest at the Campus Center, where a career fair was underway.

The filing states SJP and De Montebello entered the building to protest weapons manufacturer, Raytheon, and its recruiting at the fair.

Calls for UMass to divest from Raytheon have been made by student protestors for years, arguing the company profits from the war in Gaza.

De Montebello claims, as a result of September’s demonstration, the university charged him with five violations of the code of student conduct:

1. Threatening behavior

2. Creating disturbance

3. Disruptive behavior

4. Failure to comply

5. Violation of university policies and regulations, specifically picketing code

In addition to arguing the school violated his constitutional rights, the lawsuit also alleges UMass Amherst violated its contract with De Montebello by suspending him.

When we asked UMass Amherst about those accusations, we were told the university can’t comment on ongoing litigation, but we were given a statement affirming its commitment to first amendment rights.

The statement, also doubled down on the conduct violations made by De Montebello saying, “the law is clear that expressive activity may be subject to reasonable restrictions that ensure speech ad protect do not block access to campus spaces, disrupt classes or university operations, or interfere with the ability of others to work, teach, and learn. In determining any sanctions, the university considers a range of factors, including the student’s prior conduct record.”

De Montebello and his legal team have also filed an emergency restraining order and preliminary injunction, asking the court to immediately step in, so he can’t be kicked out of the university until the case is decided, he can continue his classes, and he not be punished for his free speech.

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