Legal team calls UF punishment of protesters unusually harsh, unwarranted, and unconstitutional

GAINESVILLE, Fla. - A First Amendment group says the University of Florida’s punishment of a pro-Palestine protester was unusually harsh, unwarranted, and unconstitutional.

Student Keely Gliwa was about to graduate with a master's degree in biochemistry and molecular biology. However, she was arrested at a peaceful protest for failing to disperse when police ordered her to.

A group called the Foundation for Individual Rights and Expression (FIRE) says video proves the only reason she didn’t leave right away was because she was helping another student who was suffering a panic attack.

A UF Officials Board reviewed Gliwa’s case and suggested she be placed on two-year probation. However, during the pro-Palestine protests, UF instituted new rules for on-campus protesters that involved a mandatory three-year suspension for violators. So, the Dean of Students, Chris Summerlin, ignored the Board’s recommendation and moved forward with the three-year suspension.

The group FIRE wants UF to reconsider. "She has said repeatedly that she's incredibly willing to accept sanctions," said Jessie Appleby, a First Amendment Attorney with FIRE. "But this sanction in particular, given the alleged offense, is pretty disproportionate."

UF told FOX 35 in a statement, "The University of Florida was clear from the very beginning that an arrest for violations of prohibited activities would result in an interim suspension and a trespass order for three years. While the Family Educational Rights and Privacy Act (FERPA) prevents us from divulging confidential student record information, we made the consequences clear with students and they faced disciplinary actions through the Office of Student Conduct in accordance with UF Regulation 4.040."

Appleby says the punishments applied to the pro-Palestine protesters were harsher than those given to protesters in the past. That could cause the university legal trouble. 

"I'm not saying that the University necessarily intended to do this, but the rules they issued did differ from existing policy," said Appleby. "That makes it viewpoint discriminatory when they're targeted specifically at these protesters and not other protesters."