The Foundation for Individual Rights in Education (FIRE) announce an important victory for student due process rights.

There’s good news to report from Indiana University – Bloomington (IU) this month after FIRE successfully stepped in to correct the university on a dangerously broad application of its “Personal Misconduct” policy to a student’s protected speech. FIRE commends IU for righting the ship here, and hopes other universities with similar policies will take note.

Back in December, IU undergraduate Andrew Hsu, no doubt wanting to escape the cold confines of the Bloomington campus and get a jump start on winter break, was disappointed by the scheduling of his Introductory Psychology exam, which wasn’t scheduled until the evening of December 20.  Frustrated by having to remain on campus (his was among the very last of the fall semester’s finals administered), Hsu wrote his professor an email (PDF):

I just want to take a moment to personally thank you for the $500 or so that you cost me for having the final on Friday. You saw that many people had issues/ conflicts with the final in lecture, yet what did you do? You decided to blow over it like nothing happened. ….

Most would recognize this expression as rude, and Hsu would be one of them; indeed, he regretted the email’s harsh tone. Rudeness, however, doesn’t excuse what happened next. On January 14, Office of Student Ethics Assistant Director Leila Faranesh emailed Hsu, informing him of an administrative report “concerning your alleged involvement in actions which are against University regulations.” Specifically, Hsu was suspected to have violated the university’s policy concerning Personal Misconduct on University Property, defined as:

Disorderly conduct, including obstructive and disruptive behavior that interferes with teaching, research, administration, or other university or university-authorized activity.

The sole cause of the charge given was the “inappropriate email” Hsu had sent on December 21.

Yikes. Hsu’s email may have been intemperate and regrettable, but it was still protected speech….

FIRE asked that all charges against Hsu be dismissed and the case be permanently closed. Fortunately for FIRE, for Hsu, and for all IU students, the university acted to clear Hsu of all charges. After initially informing FIRE on February 7 that the university was performing a thorough review of the case, Indiana University Associate General Counsel Angela D. Adams informed FIRE in a letter dated February 19, “We have confirmed with Mr. Hsu has been sent a letter … indicating that the charges in this case have been dismissed and there is no pending matter related to this case. There is no threat of future disciplinary action as this matter has been closed.”