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Saturday, September 28, 2024

Civil rights group seeks to reverse UF student's 3-year suspension during pro-Palestinian protests

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Jessie Appleby, an attorney for the Foundation for Individual Rights and Expression, said the punishment given to Keely Gliwa was disproportionate. | Foundation for Individual Rights and Expression

A civil rights group is calling on the University of Florida to reverse its decision to suspend a student who was arrested after a pro-Palestinian protest, arguing that hastily imposed campus policies raised constitutional concerns. 

The Philadelphia-based Foundation for Individual Rights and Expression (FIRE) sent a six-page letter to university President Ben Sasse on July 3, outlining its concerns about the suspension of Keely Gliwa, who had been set to graduate with a masters degree in biochemistry and molecular biology.

“We strongly urge UF to immediately reverse Gliwa’s suspension, award her completed degree and revise its new protest rules to conform with UF’s constitutional and statutory obligations,” FIRE’s letter states.

Gliwa’s arrest came in the wake of flyers being circulated by UF campus police on April 25, the second day of pro-Palestinian demonstrations on campus in which protesters criticized Israel for the ongoing war in Gaza. The new university policy barred a list of activities and items, including unmanned signs, blocking egress, setting up chairs, tables or benches, and conduct that could be deemed disruptive.

Several days later, Gliwa was arrested by officers who had called on protesters in a campus plaza to disperse, according to FIRE’s letter, which indicated that Gliwa had been attempting to console a fellow demonstrator who had a panic attack. Some of the individuals involved in the incident had lawn chairs, observers said. 

“Protesters were gathered in an outdoor common area of campus traditionally open to public expression,” FIRE’s letter says. “Protesters were chatting and playing cards – hardly the type of disruptive or violent activities that would justify breaking up the demonstration.”

A university hearing board acknowledged that Gliwa did not immediately comply with police orders, but the board recommended she receive only probation, concluding that she stayed behind to help a student in distress and noting that her version of events was supported by video evidence, the letter states. Gliwa had no record of previously being disciplined.

But the hearing board’s recommendation was rejected by Dean of Students Chris Summerlin, according to FIRE’s letter. Summerlin found that Gliwa’s behavior was “a substantial, sustained and continuous disruption of UFPD’s administrative functions.”

Jessie Appleby, FIRE’s attorney and the author of the FIRE letter, told the Florida Record that the group was in discussions with university officials about the suspension.

“We are currently communicating with UF's counsel about the matter,” Appleby said in an email. “... We're hopeful that UF will continue to work with FIRE and ultimately agree to reconsider the sanctions imposed here.”

The civil rights group is looking to resolve the issue without turning to a lawsuit.

“We are not considering legal action at this time,” she said. “We are currently working with UF to hopefully find a way to resolve these cases amicably and voluntarily.”

At least nine students were arrested during pro-Palestinian demonstrations at the University of Florida, according to media reports.

FIRE has also questioned the timing of the flyers, which indicated that students could be suspended for violating the campus’s heightened restrictions on protest activities.

“Even if the flyers’ new rules are facially content- and viewpoint-neutral, their last-minute adoption and substantive departure from existing university policy strongly suggest UF adopted the rules specifically to restrict the pro-Palestinian demonstrations,” FIRE’s letter states.

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