Oregon Public Broadcasting

A Western Oregon University student who had trouble with the police over a gun he was carrying has learned that he is not welcome back on campus.

Jeff Maxwell appealed the university’s decision to suspend him - and has just learned it was denied.

But as Rob Manning reports, Maxwell’s allies plan to bring legal action.

30 year-old former Marine Jeff Maxwell was arrested in late January when police found him carrying a handgun on Western Oregon’s campus. But charges were quickly dropped, when the District Attorney learned Maxwell had a concealed weapon permit.

The university, though, suspended Maxwell. He appealed, but was just rebuffed.

Kim Thatcher: “Well, I think they’re violating his civil rights.”

Kim Thatcher is a Republican state rep from the mid-Willamette Valley. She says Western Oregon is breaking the law - whether they’re punishing Maxwell for the gun or the knife he was carrying, or the rifle found in his car.

Kim Thatcher: “I believe the law is very clear. He has the right to have not only firearms, but other weapons.”

That’s not the view of the Oregon University System.

Rather than speaking for this story, officials pointed to an administrative rule that allows public universities to regulate student behavior, including gun possession.

Officials say courts have upheld such rules in the past. But it looks like they’ll be tested again.

Kevin Starrett: “I don’t see where there’s anything left to do at this point, except create a lawsuit.”

That’s Kevin Starrett, the director of gun rights’ group, Oregon Firearms Federation. He says the group is still figuring out the details of a lawsuit, including who the defendants will be.

Kevin Starrett: “Well, that’s a good question, and I’m not an attorney, so I’m not entirely clear. But my understanding is that every one of the students who sat on that panel could be served by us. And if that’s possible, that’s certainly what we intend to do.”

Starrett says his group wants Maxwell reinstated, and reimbursed for the tuition he’s had to pay since his arrest.

Legislator Kim Thatcher maintains the underlying law should protect students carrying legally permitted weapons.

But she is backing bills to arm campus security guards, and make concealed weapon permits - like the one Jeff Maxwell has - private records.