Balancing Students' Rights

Abstract

In June 2005, University of Delaware student Maciej Murakowski used university's server to build a web site and posted several of his own essays. During next two years, he posted about 80 essays. About eight of them focused on violence or sexual abuse. For example, in How to Skin a Cat, he described in graphic detail, including illustrative photos, tools and procedures for breaking the frail little neck and skinning a kitten, ending with recommendations for using skin and for disposing of body. Similarly, Maciej's Official Guide to Sex vividly described how to kidnap, rape, and murder. These essays also included blatant racist, anti-Semitic, and homophobic comments. On Nov. 9, 2005, a student complained about harassment by Murakowski. In February 2007, when he was a sophomore, Murakowski violated computing policy by copying or distributing copyrighted material through his computer. In April, after a hearing and an appeal, university placed him on disciplinary probation through end of fall 2007 semester. During early April 2007, university officials learned of Murakowski's web site from brother of a female student who--along with her roommate--expressed fear of living in same dormitory as Murakowski. On April 20, university's Counseling Center received a call from a parent of another female student expressing concern about Murakowski's bizarre behavior. Her daughter was reportedly so anxious about her safety that she wanted to change at least one of her courses to audit status. The student also expressed grave fear that he would learn that she was responsible for report. After receiving several complaints, associate dean immediately notified Murakowski's father and asked him to remove his son from campus and to visit her office with his son next morning. At meeting, Murakowski said disputed sexual-guide posting was a humor piece, but associate dean disagreed. She charged him with 1) engaging in disruptive conduct and 2) again violating computer use policy. She banned him from campus until he provided a licensed mental health provider's assessment that he was not a threat to self or others. At end of next week, a psychologist who interviewed Murakowski and reviewed 25 of his web pages wrote to associate dean that student did not pose a physical threat to himself or others. On next day, associate dean learned that Murakowski's electronic access card had been used four times while he was banned from campus. As a result, she added a charge of failure to comply to her previous order. Nevertheless, university allowed him to return to classes. At a May 2 hearing, Murakowski said his posts were satirical and funny, but not threatening. His witnesses, including female students, testified that he wasn't violent, that they weren't disturbed or threatened by his web posts, and that if complainants had known him, they wouldn't have been frightened. In addition, Murakowski admitted that he entered his dormitory on April 24 and that he had a friend enter residence hall three times to post messages on his dormitory door as to his status. The hearing officer decided Murakowski was not guilty of violating computing policy but that he was guilty of failure to comply and disruptive conduct charges. He was suspended for next semester and placed on probation until graduation. Murakowski appealed, and appellate board affirmed hearing officer's decision. On Aug. 1, 2007, Murakowski filed a civil rights suit in federal court, claiming university violated his freedom of expression under First Amendment and procedural due process under Fourteenth Amendment. Both sides moved for summary judgment, that is, a decision based on these undisputed facts without a trial. The Decision of Court On Sept. …