Christian Smith, 21, of Pittsburgh, had been scheduled for a preliminary hearing Wednesday on aggravated assault, terroristic threat and other charges stemming from the Sept. 27 incident at Carlow University.
But that hearing was postponed until Nov. 25 to give Smith time to undergo treatment after seeing a behavior specialist. If he does that after withdrawing from school, the charges will be reduced to a summary offense of disorderly conduct, which is similar to a traffic ticket.
Smith's attorney, Phil DiLucente, said his client is 20 credits shy of graduating and agreed to leave Carlow so he can finish his degree at another school. Although DiLucente previously said Smith might sue the school over the police response and violation of his First Amendment right to wear the makeup, Smith instead agreed to release the university from any legal claims and have no further contact with the school.
"My client and the university had irreconcilable differences," DiLucente said Wednesday, likening the agreement to a divorce.
Smith and DiLucente previously said the student was planning to attend a comic book convention after a class that day and didn't mean any harm.
According to a police complaint, several students were startled by Smith's appearance and called 911. A gunman last year killed 12 people when he entered a Colorado movie theater during a Batman movie.
Police contend that Smith used profanity and argued with police and that he claimed he was being targeted because he is black.
Police let Smith return to class but then reconsidered and returned to the classroom and asked him to remove the makeup. When Smith refused, police removed him from class, and then Smith spit on an officer and head-butted another, police said.
Police tried to have Smith committed to a hospital psychiatric unit and when that failed, Smith spent four days in the county jail before posting bail. He was suspended from school.
The school has repeatedly said it was confident its officers acted properly and didn't violate Smith's rights and privileges.