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Judge blocks UB student’s two-year suspension as court challenge continues

Jacob Cassidy, 21, walks through Erie County Court on the day of his Red Flag Law hearing.
Emyle Watkins
Jacob Cassidy, 21, walks through Erie County Court on the day of his Red Flag Law hearing.

A University at Buffalo engineering student accused last fall of making comments about a mass shooting has resumed classes after a State Supreme Court judge temporarily blocked the university from enforcing his two-year suspension.

Jacob Cassidy is challenging UB’s disciplinary determination through an Article 78 proceeding filed in Erie County Supreme Court. The case, filed July 10, remains active before Justice Emilio Colaiacovo.

Cassidy’s attorney, Jill Yonkers, told BTPM News on Tuesday the ruling allows Cassidy to continue working toward the engineering degree connected to his commitment to the U.S. Navy.

“Justice Colaiacovo's decision does allow Jacob to complete the credits underlying his engineering degree, which is what he's pursuing in accordance with his commitment to the Navy,” Yonkers said.

Court filings say Cassidy entered UB’s mechanical engineering program in 2022 and was accepted into the Navy’s Nuclear Propulsion Officer Candidate program in 2024. Cassidy’s petition argues that the suspension threatened his path toward a naval commission.

Yonkers said she could not say how close Cassidy came to losing his place in the Navy program, but said graduating was “of paramount importance” to him. She emphasized that the injunction is temporary and the underlying litigation remains unresolved.

An overheard conversation

The case stems from a Nov. 19, 2025 conversation in Baldy Hall on UB’s North Campus.

BTPM previously reported that two students contacted university police after overhearing portions of a conversation involving Cassidy. Court records cited by BTPM said one student reported hearing Cassidy refer to a “foldable AR” and describe how a shooting could be carried out before police arrived.

UB’s filing in the current case says the students reported hearing Cassidy’s friend tell him, “that’s not funny, Jake,” before Cassidy allegedly discussed a gun and described shooting people. The two students later provided sworn statements to police.

Cassidy disputes that account.

Yonkers told BTPM that Cassidy acknowledges firearms and related topics were discussed, but maintains the students did not hear the full context of the conversation.

“We were dismayed that two individuals who were quite a distance away had at best snippets of a conversation, and it seemed like those snippets were definitely taken out of context because Jacob vehemently denies ever saying that he was ever going to shoot anyone at UB,” Yonkers said.

UB held a disciplinary hearing March 24, according to the university’s court filing.

Cassidy testified, as did the friend who was sitting with him during the Baldy Hall conversation. The two students who reported Cassidy to police did not testify. UB nevertheless argues that their written statements could properly be considered and that the hearing panel was entitled to find those accounts more credible than Cassidy’s version.

The panel found Cassidy responsible for violations involving physical violence or threats and violation of law. It found him not responsible for the university’s weapons charge, according to UB’s filing. He was suspended for two years, with one semester already served, and the suspension was to be noted on his transcript. An appellate panel later denied his internal appeal.

Cassidy’s attorneys contend the disciplinary process was flawed.

His petition alleges that before the hearing, UB advised his attorneys that any settlement would have to include at least a two-year suspension. Cassidy argues this advisement showed the eventual punishment had effectively been predetermined. UB disputes his broader procedural claims and argues in court that several were either waived or lack merit.

Yonkers said the alleged predetermination is one of the issues her side has raised.

“If this was predetermined ... what purpose does a hearing show? What does it do?” Yonkers said. “And certainly, those were some of our arguments that it was too predetermined and should not have been.”

UB declined BTPM’s request for an interview Tuesday, citing the pending litigation, but highlighted campus safety as an institutional priority.

"The university is aware of the remote-learning requirement contained in the judge’s preliminary injunction and will make all necessary arrangements to meet the requirement and ensure that all course requirements are met strictly in a remote, off-campus setting," a spokesperson for the university said in a statement via email. "The university remains committed to maintaining a safe and supportive environment for all members of our community."

Colaiacovo also declined an interview request for the same reason.

Red Flag order remains active

Although Cassidy has been permitted to resume his studies, a separate court proceeding restricting his access to firearms remains in effect.

Following the November report, UB police obtained a temporary Extreme Risk Protection Order, commonly called a Red Flag order. Firearms were subsequently removed from Cassidy’s home. On Nov. 24, Cassidy agreed to remain under the order for six months while an investigation continued.

Yonkers said Tuesday the firearm restriction is still active.

“I believe that the order is in place until late November of this year,” she said.

At the November hearing, Colaiacovo said the seriousness of the allegations caused the court to err on the side of caution when the temporary order was initially granted. But he also questioned why Cassidy’s affiliation with the conservative student organization Young Americans for Freedom and attention surrounding his political activity had been included in the police application. BTPM reported Colaiacovo called the political material a “gratuitous inclusion” and said it raised concerns for him about whether Cassidy had been targeted because of his political beliefs. The judge nevertheless said those concerns did not diminish the seriousness of the alleged statements themselves.

UB Police Chief Kimberly Beaty responded at the time that officers had acted on a reported safety concern and denied that Cassidy was targeted.

After that November hearing, another of Cassidy’s attorneys, Daniel Henry, told BTPM his client did not pose a danger.

“I could tell you for one thing, Mr. Cassidy is not a danger. He's not a violent person. He's not a threat to the community, to the University of Buffalo, to their student body, to their administration,” Henry said. “He's never had any prior violence or any violence associated with him. He's from very good family. He's a very good person. So these allegations are a surprise to everybody right now.”

Asked Tuesday whether Cassidy now believes he should have handled the Baldy Hall conversation differently, Yonkers did not describe any specific regret.

She said Cassidy’s intent “was never to cause harm,” that the reaction was shocking to him and that he is still processing the experience as he resumes his studies.

When asked more directly whether Cassidy believes he did anything that day he should have handled differently, Yonkers declined to answer while the petition remains pending.

Yonkers said UB must still file its answer and the administrative record in the Article 78 proceeding.

She said Colaiacovo has indicated the case is ripe for transfer to the Appellate Division’s Fourth Department, which would likely be the next court to consider at least some of the issues — including whether UB’s disciplinary determination was supported by substantial evidence.

For now, Cassidy continues pursuing his degree while the court challenge remains unresolved.

I'Jaz Ja'ciel is an Edward R. Murrow Award-winning investigative reporter and a Buffalo native. She re-joined the Buffalo Toronto Public Media newsroom in February 2026, having begun her journalism career at BTPM in 2019 as a weekend anchor. Ja'ciel later reported for Spectrum News 1 Buffalo and Investigative Post before her return to public media.