In fall 2024, faculty members intentionally violated Indiana University's expressive activity policy with candlelight vigils for free speech at the Sample Gates. (George Hale / WTIU News)
Indiana University Provost Rahul Shrivastav denied an appeal to wipe formal reprimands from 13 faculty members who violated an expressive activity policy last fall.
The faculty members attended candlelight vigils and intentionally broke the policy’s curfew by gathering after 11 p.m. That policy, UA-10, has since been amended by the Board of Trustees, and a federal judge Thursday required IU to pause enforcement of the overnight restrictions while a lawsuit proceeds.
After the policy change, the 13 faculty challenged their citations. IU Bloomington’s Faculty Board of Review sided in their favor, and it recommended university officials wipe the reprimand from their employment files.
Read more: Faculty review board recommends IU wipe citations for expressive activity violations
But Shrivastav said in a letter obtained by WFIU/WTIU that he will decline those recommendations. He said the faculty members knew the university’s policy at the time and still violated it as a form of civil disobedience — admitting “violating the policy ‘was the whole purpose.’” The written reprimands are the only sanctions against the faculty members.
“You are absolutely entitled to express your disagreement with this or any other policy or public matter,” Shrivastav said. “Yet in expressing your views, you are still responsible either for following applicable university policies or being prepared to accept the consequences for not doing so.”
Heather Akou, one of the faculty cited, said she didn’t expect Shrivastav to agree with the review board’s recommendations.
“We have not violated the new policy,” Akou said. “That was a letter that pertains to the old version of the policy, and that was the only thing we asked for. So, would it have been so hard just to honor that recommendation?”
A university spokesperson said IU does not comment on confidential personnel matters.
Listen: IU's New Expressive Activities Policy
The Faculty Review Board is made up of Bloomington Faculty Council members. It conducts independent investigations and its findings are advisory only. The council didn’t respond to requests for comment.
In April, the review board said faculty had a right to free expression, and it decided that keeping the letters of reprimand in their files would be “an excessive sanction” considering the policy has since been revised. The board also said the expressive activity policy violated the law and university policy.
The American Civil Liberties Union of Indiana is suing the university over the policy on behalf of faculty, students and staff reprimanded for violating it. On Thursday, a federal judge in Indianapolis granted a preliminary injunction preventing IU from enforcing the overnight restrictions in the expressive activity policy while the lawsuit continues.
Shrivastav said he disregarded arguments that the university’s policy was illegal, believing that would be a matter only resolved through the legal system, not the university.
Shrivastav said the Board of Trustees is empowered by state law to create new policies as it sees fit.
“If the Board wishes to create a new policy, as it did in the case of UA-10, it has every right to do so,” Shrivastav said.
That was surprising for Akou.
“What I did not expect is his argument that, essentially, even if the Board of Trustees makes a policy that does not conform with state or federal law that the faculty have no grounds to contest that,” Akou said. “We do tons of essential work, and now they're essentially saying, ‘Oh, even if we violate your civil rights, it doesn't matter. Just shut up and do your job.’ Well, what's the incentive for us to do a good job?”
Shrivastav told the faculty they can still appeal to President Pamela Whitten. Akou said that’s not likely given Whitten’s controversial relationship with protesters and faculty.
“Why? It's just really beating your head against a brick wall,” Akou said. “I don't think we're going to pursue that particular action, but who knows?”
Aubrey is our higher education reporter and a Report For America corps member. Contact her at aubmwrig@iu.edu or follow her on X @aubreymwright.
