GAINESVILLE, Fla. – Two University of Florida students have filed a federal lawsuit against the university, alleging its actions were taken with “malice or deliberate indifference” to their federally protected rights.
Plaintiffs Parker Hovis and Keely Gliwa filed their lawsuit in U.S. District Court for the Northern District of Florida, Gainesville Division.
They contend defendant University of Florida Board of Trustees violated their rights under the First and Fourth Amendments. The board is the governing body of UF.
“Plaintiffs, students at the University of Florida (‘UF’ or the ‘University’), engaged in peaceful, non-disruptive protest on campus in April 2024 to express their views on the atrocities committed by Israel in Gaza,” the 22-page complaint states.
“In response, the University and its officials created and enforced a series of vague, ad-hoc rules designed to suppress Plaintiffs’ protected speech.”
At the time, Hovis had only four classes left to complete his bachelor’s degree in computer science. Gliwa already earned her bachelor’s degree and had completed all requirements for her Master of Science in biochemistry and molecular biology.
In the spring of 2024, in response to an ongoing war by Israel in the Gaza Strip, pro-Palestinian demonstrations broke out at numerous universities across the United States.
At UF, beginning on or about April 24, 2024, students, faculty, and community members established a peaceful gathering at the Plaza of the Americas, a traditional public forum on the campus, to express solidarity with Palestinians facing atrocities in Gaza, the lawsuit alleges.
“The demonstration was non-disruptive, occupying a grassy area without blocking any walkways, roads, or buildings,” the suit states. “Participants engaged in peaceful expressive activities, including making signs, sharing food, and discussing political issues.”
According to the filing, the demonstrators’ political speech was met with hostility from the state, including Gov. Ron DeSantis, who threatened student-protesters at state universities with expulsion.
As the demonstrations progressed, UF administration and the University of Florida Police Department, or UFPD, began creating and enforcing new rules that were not based on existing University policy, the plaintiffs allege.
“These rules were distributed via an unsigned and undated flyer and prohibited, among other things, the building of ‘structures,’” the complaint states. “The flyer listed several items as ‘structures’ that are not typically included in the normal definition of that word, such as chairs, benches, and tables.”
Previously, the use of tables and chairs was permitted in the Plaza, the lawsuit notes.
On the evening of April 29, 2024, Hovis and two non-student community members sat in folding lawn chairs within the protest. The lawsuit contends Hovis and the others were peaceful, orderly, and did not block sidewalks or otherwise disrupt campus activity.
However, UFPD officers approached and informed Hovis and the others sitting in chairs that the chairs were prohibited “structures,” and ordered their removal.
Hovis allegedly returned to the protest area and, joined by two others, resumed sitting in chairs.
Then, a large contingent of UFPD and Florida Highway Patrol officers advanced on the protest. An officer allegedly gave an illegal verbal dispersal warning.
At the time the warning was given, Hovis and the other protestors were not violating any law, ordinance, or valid university rule, the lawsuit alleges.
UFPD officers then entered the crowd and arrested the three individuals in chairs, including Hovis. Gliwa was also one of the demonstrators in the Plaza that evening.
Ultimately nine individuals, including six students, were arrested at the protest area, according to the complaint.
“Following their arrests, the Plaintiffs were immediately placed on interim suspension by the University and issued trespass warnings, barring them from campus property and preventing them from attending classes or their own graduation ceremonies,” the filing states.
Both plaintiffs were charged by UF with violating the Student Conduct Code. They denied the allegations and both requested the matter be resolved through the student discipline process.
Hovis chose a hearing in front of the Student Conduct Committee, or SCC, a panel of university faculty, staff, and students. Gliwa chose a hearing by the University Officials Board, or UOB, a panel limited to UF faculty and staff.
The SCC found Hovis responsible only for failure to comply and violation of law, and recommended a deferred suspension until his graduation.
The UOB found Gliwa responsible only for failure to comply and violation of university policy, and recommended a two-year probationary period. It explicitly stated there was no basis to withhold her diploma or trespass her from campus.
Despite these findings, UF Dean of Students Chris Summerlin rejected the recommendations of both the SCC and UOB.
“Without hearing any evidence himself, and without authority to do so, Dean Summerlin found Plaintiffs responsible for all original charges, including those for which the SCC and UOB had exonerated the Plaintiffs,” the lawsuit states. “Dean Summerlin then imposed grossly disproportionate sanctions: three-year suspensions for Plaintiffs Hovis and Gliwa.”
Both Hovis and Gliwa appealed.
In both cases, the appeal committee overturned the findings of responsibility that Summerlin had decided without authority, but upheld the SCC and UOB’s decision and the dean’s imposition of punishment.
“Plaintiffs seek declaratory and injunctive relief to reverse these unlawful sanctions and an affirmation that the University of Florida cannot disregard the Constitution to silence student voices it disfavors,” the complaint states.
In particular, they seek a permanent injunction ordering UF immediately reinstate them as students in good standing, lift and rescind all trespass orders against them, confer upon Gliwa her degree, and expunge any and all records of the disciplinary proceedings from their records.
Hovis and Gliwa also seek compensatory damages and attorney fees.
They are represented by Southern Legal Counsel Inc. in Gainesville and attorney Jonathan Wallace in Amagansett, New York.
