Lawsuit: U-M fired 8 pro-Palestinian staffers and forever banned them from working there
A group of eight University of Michigan employees has filed a federal lawsuit against the university, alleging they were unlawfully fired and forever barred from working on campus because of their support of Palestinians, and calls on U-M to divest from Israel over the ongoing war in Gaza.
At issue for the plaintiffs is why were they disciplined over their protected free speech, when, they contend, such measures were never taken before — not during the civil rights movement, the Vietnam War era or when students pushed for the university to divest from apartheid-ruled South Africa, which U-M ultimately did in the late 1970s.
"During the previous half century, no such measures are known to have been taken at any time by the University against students or alumni who, while students, had engaged in speech and related activities on other important issues of public concern," the 64-page lawsuit states.
"In fact," the suit continues, "the University has encouraged its students and employees to speak out on a variety of issues of public concern," and promotes its "long history of activism by students — in brochures directed to prospective students, on murals on campus buildings, in classroom instruction, in social media posts and through emails to the entire University network."
The lawsuit also cites the University's Free Speech on Campus policy, which states:
"The university has long welcomed dissent, advocacy, and the expression of the broadest array of ideas, even those that could be unpopular, upsetting or critical of the university."
U-M Director of Public Affairs Kay Jarvis, citing university policy on pending litigation, on May 2 declined to comment on the lawsuit, which was filed the day before in U.S. District Court.
The plaintiffs include an academic program specialist at the university's Center for South Asian Studies, a nuclear energy researcher, a manager within U-M's Sustainable Food Program, a teacher's assistant at the North Campus Children's Center and undergraduate students who worked various jobs at the university, including research assistant and customer service rep for the Campus Information Center.
According to the lawsuit, three plaintiffs were fired over their participation in a Nov. 7, 2023, peaceful protest at the Ruthven Building, where 42 students were arrested by day's end on minor charges of not obeying police instructions to leave. Five plaintiffs were fired over their attendance at a May 3, 2024, peaceful demonstration outside the U-M Museum of Art. In both events, the demonstrators were protesting violence in Gaza and calling on the university to divest from Israel.
The lawsuit is the latest such case filed against the university, which has been the site of numerous protests over the Israel-Gaza war. In February, five people, including two students, sued the university alleging it violated their constitutional rights by effectively banning them from campus after they attended pro-Palestine demonstrations. In December, another group of students sued, claiming the college selectively targeted peaceful pro-Palestinian demonstrators for their beliefs, subjecting them to disciplinary proceedings and suspensions.
Meanwhile, pro-Palestinian activities have also triggered criminal charges and multiple raids by the FBI and other law enforcement groups. Last month, police and FBI raided three homes as part of an investigation into a string of vandalism cases involving pro-Palestinian, anti-Israel and antisemitic graffiti. Among the vandalism cases under investigation involve U-M Regent Jordan Acker, who is Jewish. Vandals spray-painted his car and smashed a window at his home while he and his family slept.
In September, Michigan Attorney General Dana Nessel filed criminal charges against 11 pro-Palestinian protesters at U-M, alleging that several of them used "physical force to counter" police officers clearing a tent encampment in Ann Arbor. One of the protesters was charged with ethnic intimidation after he allegedly attacked a pro-Israel rally.
"The right to free speech and assembly is fundamental, and my office fully supports every citizen's right to free speech under the First Amendment," Nessel has previously said. "However, violent and criminal behavior, or acts that trample on another's rights cannot be tolerated. I hope (these) charges are a reminder to everyone who chooses to assemble, regardless of the cause, that the First Amendment does not provide a cover for illegal activity."
In the latest lawsuit, the plaintiffs maintain that they engaged in no acts of violence, only peaceful demonstrations. They allege that U-M wrongfully accused them of violating a university policy prohibiting violent behavior, put an "indelible stain on their employment record," and failed to give them proper notice or a fair opportunity to be heard before firing them.
"Each of these actions were taken and based, in whole or part, on speech and activities — occurring outside Plaintiffs' work hours and unrelated to their work responsibilities — to advocate for the human rights of Palestinians, to call for an end to the genocide against the Palestinian people, and to petition their public University to divest from Israel and from companies complicit in violating the human rights of Palestinians," the lawsuit states.
As the suit notes, activities on the U-M campus — both in support of and against Israel's actions in Gaza — have dramatically increased since Oct. 7, 2023. That's the day the terrorist group Hamas launched a surprise attack in Isreal, killing nearly 1,200 people and kidnapping at least 240. Israel retaliated in a series of attacks that has devastated the Gaza region, killing 42,000 Palestinians, including 13,000 children in what Amnesty International has described as "genocide" in a December 2024 report.
The plaintiffs allege that the university has "solely targeted, discriminated against and punished" pro-Gaza demonstrators in an effort to deter others from expressing pro-Palestinian viewpoints." Moreover, their lawsuit states, demonstrators calling for divesture by the university isn't a new concept.
In fact, students have led other campaigns calling on the university to divest on other issues of public concern, including:
After years of protest, the University's Board of Regents passed its first resolution to divest from South Africa in the late 1970s.
In 2000, the University divested from tobacco companies.
In 2002, the University began the process of divesting from fossil fuels.
In 2022, the University divested from Russia.
The plaintiffs maintain that the methods of divestment advocacy haven't changed at U-M, but that the university's response "has changed dramatically when students advocate for divestment from Israel."
According to the lawsuit, this is how one of the plaintiffs learned she could never work at U-M again:
Nine months after the sit-in at the Ruthven Building, Arwa Hassaballa, a 2023 U-M graduate from Lake Orion who held several part-time jobs at U-M, including research assistant, student life facilitator and teaching assistant, received a letter from the university human resources department. The letter stated that she was 'ineligible for rehire' at the university and that her 'record will reflect that she violated the Violence in the University Community (police).'
At the time the letter was sent, Hassaballa was no longer a student or employed by the university, though she had planned to apply for post-graduate work.
On Oct. 22, 2024, she received evidence that the university allegedly used to fire her: a heavily redacted police report, and an incident report about her conduct. A November grievance hearing followed, with a university official claiming there was video showing Hassaballa had violated university policy.
No video was shown at the hearing, nor was it provided to Hassaballa, and no witnesses spoke. Still, the university upheld the decision to fire her and rendered her permanently ineligible for rehire.
On Nov. 22, 2024, Hasssaballa finally saw the video in question. It showed a crowd of protesters outside the Ruthven Building, and other protesters walking through the doors. Hassaballa was seen walking into the building without issue. She does not appear in the second video at all.
Another plaintiff, Rhea Chappel, a building manager at the university's Michigan League, has a similar story: Her conduct at the sit-in was deemed as being in violation of university policy and she was let go. She denied engaging in any violence, but to no avail. Her termination would stick and she was deemed permanently ineligible for rehire.
The plaintiffs who attended the subsequent demonstration outside the museum saw a similar fate. During that protest, several regents were attending a private event inside the museum as protesters stood in front of the building, linked arms and chanted. University of Michigan police arrived and set up a barricade surrounding the museum entrance.
The plaintiffs complied with orders from police, stood on the public sidewalk behind the barricade, and chanted for a free Palestine while calling on the university to divest from Israel.
According to the lawsuit, police sought to disburse the protesters by using pepper spray, pushing protesters with bikes, and physically assaulting individuals.
The plaintiffs maintain that they engaged in no sort of violence, but the university concluded otherwise.
Zainab Hakim, of Canton, a 2024 U-M graduate and full-time academic program specialist at the university's Center for South Asian Studies. His job duties included planning events, lectures, programs and conferences, and coordinating academic programs for students.
Henry Mackeen-Shapiro, of Ann Arbor, an undergraduate student at U-M who also worked as a student program assistant at the English Language Institute, where he provided feedback and advice to international graduate students on their coursework and other academic materials to improve their English writing and verbal skills.
Eaman Ali, of Ann Arbor, an undergraduate student at U-M and campus information assistant at the university's Campus Information Center. Her job included providing in-person customer service at the university unions.
Assmaa Eidy, of Ann Arbor, an undergraduate student at U-M and research assistant in the American Culture Department whose job included conducting research on Arab American social issues, archiving sources and assisting on a documentary film project. As a community leadership fellow, Eidy also conducted a public service project on behalf of the university with a local nonprofit organization.
Harrison Rhoades, of Ann Arbor, 2024 U-M graduate and part-time manager within the University of Michigan's Sustainable Food Program, which is part of the Student Life Sustainability Office. This job included event planning, collaborating with partnering organizations and and supporting a grant program.
Hassaballa, of Lake Orion, a 2023 U-M graduate who held several part-time roles at U-M, including research assistant, student life facilitator for M-STEM Academics, Arab Heritage Month Student Coordinator and teacher's assistant at the North Campus Children's Center. A severe foot injury forced her to leave her teaching assistant job in 2023.
Chappel, of Ann Arbor, an undergraduate student at U-M and part-time student building manager at the Michigan League, which involved managing and preparing rooms for events, including student meetings, conferences and weddings.
Zaynab Omar Ibn Al-Khattab Elkolaly, of Ypsilanti, a 2024 U-M graduate who conducted research on nuclear energy at U-M and held several part-time positions at the university, including administrative assistant at Michigan Medicine, and research assistant and diversity, equity and inclusion officer in the Nuclear Engineering and Radiological Sciences Department.
Tresa Baldas: tbaldas@freepress.com
This is a developing story.
This article originally appeared on Detroit Free Press: University of Michigan sued for firing staffers who support Palestine
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