Newton went through the disciplinary process and was put on probation in connection with his initial physical assault of Annie and destruction of university property in the residence hall. Following the alleged rape, Newton was immediately expelled from the residence hall but allowed to continue his studies pending a full-dress university hearing.

When the hall director went to serve Newton notice that he would immediately have to leave the residence hall, the hall director announced himself and knocked on the door several times. The housing manual does state that residence hall staff may enter a student's room for inspections, emergencies, or health concerns.Because Newton suffered from manic depression and often "self medicated" with a combination of prescription drugs and alcohol, the hall director was afraid that he was not answering the door because he again (as in the past) was in a self-imposed catatonic state. The hall director announced himself one more time and entered with caution.

Upon entering, the hall director found Newton on the bed, passed out, and foaming at the mouth. In his hand was an empty bottle of Ambien; next to him was an empty bottle of scotch and what appeared to be a murder-suicide note saying "If Annie won't love me, I don't want to live. I'm taking you to heaven with me."

The hall director immediately called the campus police. While waiting for them to arrive, the hall director looked around the room to see if there were any weapons he may have obtained to carry out his plan. He found bullets in Newton's desk drawer, cocaine in the closet, and a pistol wrapped in a blanket under the bed. When the police arrived, the hall director gave all of this to the police.

The campus judicial office scheduled a hearing three days later and found Newton in violation of the campus' anti-drug and weapons policy. They also found him to be a danger to himself and to others on the campus, per code of conduct. They recommended immediate expulsion from the university.

The campus police, which were trained and certified at the city's law enforcement academy and, hence, are a "full fledged" law enforcement agency, charged Newton with possession with intent to distribute cocaine. He is out on bail but faces criminal charges.

Newton's family is appalled by the way the campus treated their son. They believe he was discriminated against because of his mental disability and plan to sue. You are the family's attorney. Discuss all possible claims and whether you are likely to prevail in court.