A university undergraduate is not permitted on campus after allegedly assaulting an Aramark employee at the C-store when the employee refused to let him enter the store after it had closed May 9, according to the student's lawyer.The student, Daniel Ortner '10, a former Forum editor at the Justice, was neither charged nor arrested, but is due in court after the Aramark employee decided to press charges four days after the incident, his lawyer, Sam Goldberg, said. A June 4 hearing in Waltham district court will determine whether the employee has probable cause to move forward, Goldberg said.

"It would seem to me that [the situation] is something that has been blown out of proportion, although Daniel obviously regrets any inconvenience that this may have caused anyone involved," Goldberg said.

Witnesses said Ortner arrived at the C-store, the campus convenience store, five minutes after the store had closed. The employee, who Goldberg identified as Jessica Hill, assistant food service director, wouldn't let him in, but Ortner persisted, asking to buy a drink, witnesses said. Zachary Rubenstein '11, a witness Goldberg identified as listed on the incident report, said after Hill blocked the entrance to the store with her arms, Ortner "basically charged" and tried to push his way past her.

Ortner then quickly left the scene, witnesses said.

University police would not comment. Director of Student Development and Conduct Erika Lamarre would not comment specifically on Ortner's case. Multiple attempts to reach Hill for comment via e-mail, phone and through other dining officials, including Director of Dining Services Mike Newmark, were unsuccessful.

Ortner voluntarily resigned as Forum editor of the Justice last Sunday. He declined to comment.

Dean of Student Life Rick Sawyer said that in certain situations he can implement a short-term solution to settle a situation under Section 22.1 of the Rights and Responsibilities Handbook.

The University can put cases involving incidents that occur after the academic year has ended on hold until the fall because the University Board of Student Conduct isn't generally available during the summer months, according to Lamarre.

Lamarre said that depending upon the severity of the student's offense as determined by the University, the University can take a number of actions, including a campus restraint or an emergency suspension. According to Section 19.13 of the University's Rights and Responsibilities Handbook, the Board will arrive at a finding of either not responsible, responsible based upon clear and convincing evidence and recommendation of the sanction or continuance of the case either to obtain additional information or for further consideration.

In addition to action being taken by the University, Ortner has been summoned to appear in front of the clerk magistrate for a probable cause hearing on June 4 at the Waltham District Court. Both parties will be required to provide evidence at the time of the hearing and the magistrate will then decide if Hill has probable cause to issue a complaint, Goldberg said.

According to Goldberg, Hill had initially stated that she would not press charges against Ortner. Goldberg also noted that Hill did not decide to take action against Ortner until four days after the alleged incident.



Anya Bergman contributed

reporting.