ASU sued over suspension of Pro-Palestinian protesters
A lawsuit filed Tuesday evening accuses Arizona State University of infringing on students' rights to free speech, following a weekend of protests that ended in dozens of arrests on campus.
The complaint, filed in federal court, says several students who participated in Friday’s on-campus protest against the war in Gaza received notice they are barred from campus until a decision is made on whether they violated the school's code of conduct.
“Effective immediately, you are placed on Interim Suspension and are trespassed from all property owned, leased, operated, or under the control of ASU. This status means you may not come to any ASU campus for any reason other than to meet with the Office of Student Rights and Responsibilities at pre-arranged times," according to a letter sent to those students arrested and signed by the ASU Associate Dean of Students.
The letter specifies students can no longer live on campus or attend in-person or online classes. Students are also directed not to contact any of their professors or participate in any on or off-campus extracurriculars. Students can appeal the action anytime before May 3.
Attorney David Chami said the students he is representing all received nearly identical letters, saying they could be arrested if they come back to campus.
The lawsuit contends police did not implement the rules equally among the people on campus at the time. Chami referenced a group of fraternity members who protesters say helped police throw their belongings away. Chami also alleged the group was partying and drinking during the protest.
“ASU therefore retaliated against Plaintiffs on the basis of Plaintiffs’ expression of protected free speech, and – absent immediate Court intervention – ASU’s retaliation will have significant and detrimental effects on the Plaintiffs’ academic futures and livelihoods,” the lawsuit reads.
Chami, an attorney with the Council on American-Islamic Relations, also filed an emergency motion to lift the interim suspension.
One student, who was arrested on Friday morning in the first 20 minutes of the protest, had their charges dropped because a court did not find probable cause. But Chami said that the student is still facing the same suspension and no longer has a place to live because they're banned from student housing.
ASU officials previously said encampments are prohibited on its campus, saying police demanded protesters to vacate Alumni Lawn multiple times on Friday.
"While the university will continue to be an environment that embraces freedom of speech, ASU’s first priority is to create a safe and secure environment that supports teaching and learning," a Saturday statement reads.
In the letter, ASU officials reference several sections of the Student Code of Conduct the students may have violated. They include breaking federal or state laws, failure to comply with university officials, and endangering others or acting in a way "that a reasonable person would interpret as a serious expression of intent to harm."
But the lawsuit says students participating in Friday's protest were not threatening others or acting violently, saying the suspension is instead a form of retaliation.
ASU officials declined to comment, citing pending litigation. The Board of Regents did not immediately respond to a request for comment.
Dozens arrested at Arizona State University
On Friday morning, a group of protesters led by a group called Students Against Apartheid filed into Alumni Lawn on ASU’s campus during the last day of classes to create a “liberated zone."
The encampment included more than a dozen tents and shade structures. By nightfall, several tents were stocked with cases of water and food donated by community members.
That night, more than 60 people were arrested after campus police said they gave multiple orders to vacate the lawn. Charges have not been officially filed against them as of Tuesday, said a Maricopa County Attorney’s Office spokesperson.
According to the office, the ASU police department missed a preliminary 48-hour deadline to get submittals of each case to the office. While ASU officials have not responded to questions asking when that information will be sent, MCAO spokesperson Jeanine L'Ecuyer said there's no reason to believe charges wouldn't be referred later on.
Multiple attorneys have raised concerns regarding the protesters’ right to free speech following the arrests.
Helen Rummel covers higher education for The Arizona Republic. Reach her at [email protected]. Follow her on X, formerly Twitter: @helenrummel.
This article originally appeared on Arizona Republic: Gaza protests: ASU sued over suspension of Pro-Palestinian students