May 8, 2007

York settles with student who was banned over protest

By Elizabeth Church, The Globe and Mail

York University has reached a settlement with a student activist who was
barred from campus for his role in two noisy demonstrations, putting an end
to a legal battle that  involved the Supreme Court of Canada and gained the
attention of the academic community.

Many regarded the suit, filed by undergraduate student Daniel Freeman-Maloy
against York and its president, Lorna Marsden, as an important test case for
the preservation of academic freedom for students and professors.

Last fall, the Supreme Court of Canada refused to hear an appeal in the case
by the university, paving the way for the Toronto student to sue York for
public misfeasance, libel and breach of academic freedom.

The out-of-court agreement, which comes as Dr. Marsden is preparing to leave
her post,  means that the issues the case raised will remain untested in the
courts, but will be considered by other bodies investigating the situation
at York.

James Turk, executive director of the Canadian Association of  University
Teachers, said his  group, which represents faculty, is concluding its own
broader  investigation into issues of freedom of expression, academic
freedom and governance at the university.

The findings of the two-year study will be presented to the university and
will be made  public only if remedies are not found, he said.

A grievance involving a York professor, David Noble, that is linked to Mr.
Freeman-Maloy's case has also gone to arbitration and a ruling is expected
soon.

The professor has launched his own suit against several parties,  including
the York  University Foundation and Dr. Marsden.

"I'm very pleased that a settlement has been reached because Mr.
Freeman-Maloy's concerns were very serious ones," Mr. Turk said.

Terms of the settlement were not disclosed. Mr. Freeman-Maloy had  sought
payment of  $850,000.

A brief statement issued by both parties described the terms of the
agreement as "mutually satisfactory."

The suit stems from a three-year suspension handed to Mr. Freeman-Maloy for
his part in two unauthorized protests against Israeli policies toward
Palestinians.

Mr. Freeman-Maloy was later reinstated, but decided to pursue legal action,
alleging that his personal, academic and political relationships and his
employment prospects were harmed.

Peter Rosenthal, Mr. Freeman-Maloy's lawyer, said his client is set to
graduate next month and plans to remain at the university, doing graduate
studies in political science.

"So she is leaving and he is staying," he said, referring to the coming
departure of Dr. Marsden.

Mr. Rosenthal said the timing of the deal was not linked to his client's
approaching graduation or the end of Dr. Marsden's tenure as head of the
university.

York University declined to make any comment on the deal beyond its
statement.

Originally published in The Globe and Mail [Toronto], Tue 8 May 2007, Page A10

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