Six of the seven students charged reunited outside the FIU Student Health Center after their academic hearing. | Photo by Candela Maceda

Lawsuit challenges FIU’s protest discipline

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Sophia Baltodano | Staff Writer

The student group ICEBreakers filed a lawsuit against FIU on Aug. 11, challenging the university’s disciplinary action against students who participated in a silent protest against FIU’s agreement with U.S. Immigration and Customs Enforcement (ICE).

The protest took place earlier this year during an on-campus event featuring FIU President Jeanette Nuñez. Several students stood during the event wearing shirts reading “ICE OFF FIU,” remained silent for several minutes, and then left. Seven of those students were later charged under FIU’s Student Conduct and Honor Code; six of the students were found responsible following a conduct hearing, while the seventh student’s hearing was postponed due to work.

The university disciplined the students under a policy prohibiting “expressive activities” inside campus buildings. The students received written reprimands and were required to submit videos stating their compliance with the policy, according to the American Civil Liberties Union of Florida, which is representing the students along with Community Justice Project, Reid Levin PLLC, and Slater Legal PLLC.

Kaitlyn Daley, one of the students found responsible, said university officials didn’t explain the appeal decision.

 “They did not tell us why the appeal was denied, all they said was that the original decision sanctions are upheld,” Daley said. 

The students are still required to complete a two-minute video explaining their understanding of FIU’s FIU110 regulation. The deadline was extended to Sept. 4.

The lawsuit states that FIU’s policy violates students’ First Amendment rights and that the university unlawfully restricted the students’ freedom of speech and assembly. The students and ICEBreakers also filed a motion seeking to temporarily block FIU from enforcing the policy against them while the lawsuit proceeds. 

FIU has not yet publicly responded to the lawsuit.

The case, ICEBreakers v. Nuñez, was filed in federal court on Aug. 11. PantherNOW will continue to update this story as more information becomes available.

“We don’t want to accept it as it is, and we can fight for a better life, no matter what they throw at us,” Daley said.

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