Should rude tweets between students during summer break be enough to provoke expulsion?

FIRE reports:

Kansas Court of Appeals Decides Off-Campus Tweeting Case

Last week, the Kansas Court of Appeals handed down its decision in Yeasin v. University of Kansas, affirming a district court ruling reversing the expulsion of a student for purely off-campus conduct, namely, tweets about another student. The court’s decision was based on narrow grounds, thus avoiding lurking questions regarding free speech and the scope of Title IX. But it may have set the stage for those unanswered issues to become front and center the next time similar facts arise.

The case dealt with the expulsion of University of Kansas (KU) student Navid Yeasin, whom the university found guilty of sexually harassing his ex-girlfriend, also a KU student, in violation of KU’s student code of conduct. The evidence supporting the expulsion included an off-campus encounter between the then-couple over a summer break and a number of vulgar, mean-spirited tweets Yeasin authored about his ex.

The district court reversed the expulsion, ruling that KU presented no evidence that the alleged conduct code violation took place on campus or at a university-sponsored event, and that the code, as written, did not apply to off-campus conduct.