Montclair State Reverses Student's Suspension Over Online Fat Jokes
Joseph Aziz, a 26-year-old student from Weehawken, expects to work with the university to take classes in the spring semester.
Montclair State University rescinded a suspension Thursday it had handed down to a male student who made fat jokes about a female student on social media websites.
Joseph Aziz, a 26-year-old student from Weehawken, began serving his semester-long suspension on Jan. 2 for violating the university’s No-Contact Order with a female student whom he had made comments about online.
But on Thursday, Montclair State President Susan Cole revoked the suspension.
“While Montclair State should never have issued its unconstitutional gag order in the first place, we commend President Cole for acting swiftly to end the situation once it became public,” wrote Foundation of Individual Rights in Education Vice President Robert Shibley, which is a nonprofit that pursues civil rights cases and was working with Aziz.
The suspension stemmed from Aziz’s comments he posted on YouTube — which have since been removed — at the start of the fall semester. Aziz poked fun at the female student's weight and referred to her legs as “bleached hams.”
The university discovered the comments and issued a no-conduct order which forbade any written, verbal or electronic contact with the female student.
In October, Aziz referenced the university’s ruling in multiple Facebook posts on a private wall. The comments were reported to the university, and the ruled it a violation of the no-contact order and various codes of conduct.
After a university conduct hearing dropped some of the violations, it handed down a ruling to suspend Aziz for the spring semester on Dec. 13.
In a letter sent to Aziz on Thursday, Cole wrote that because he was found not to have violated the school’s code for disruptive conduct and harassment, the no-contact order should have been dropped and so she withdrew the suspension.
The university originally justified its decision to suspend Aziz on the grounds of its own codes of conduct and New Jersey’s Anti-Bullying Bill of Rights Act.
“In implementing these laws and policies,” wrote Cole in her most recent letter to Aziz, “there is a very fine line that must be observed between the violation of one individual’s enjoyment of his or her rights in the community and the placing of inappropriate restrictions on another individual’s freedom of expression.
“... In short, up to a point that can only be determined on a case-by-case basis,” she continued, “a student is free to act in an offensive manner and free to say offensive things. The right to be offensive, however, does not mean that one should be.”
In a released statement on Thursday, the university said Cole had never received any appeal from Aziz directly. After getting a letter from FIRE on Jan. 4, she referred it to the university counsel and a final ruling was handed down Thursday.
While the university will permit Aziz to attend the courses he is registered for during the spring semester, the suspension prevented him from registering for any classes before the start of the new year. Shibley said he expects the university to make accommodations to ensure Aziz can attend classes in the spring.
A Montclair State spokeswoman said on Friday Aziz is can now register for classes in the spring like any other student.
“There are no restrictions on Mr. Aziz," said a Montclair State spokeswoman. "He is free to sign up for any classes that are part of his program.”
[Updated Friday at 11:50 a.m.: The final comments about Aziz's eligibility to register for spring classes was confirmed on Friday.]
Revolution
10:39 am on Friday, January 18, 2013
It was wrong for Mr. Aziz to make these comments regarding overweight people.
geddy53
2:06 pm on Saturday, January 19, 2013
It may have been wrong for Mr. Aziz to make comments about overweight people. However, the punishment didn't fit the crime. As a matter of fact, there was no crime committed all. It would have been different if he made physical or death theaters to her then I could see the reason for the suspension. Unfortunately, we've become an over liberalized and over sensitized society. Furthermore, we can't even tell the difference between a simple joke vs. real harmful words.
esther
3:00 pm on Saturday, January 19, 2013
The entitlement infuriates me. How dare someone make public- and viral comments about someone and when punished the outrage floods in favor of the perpetrator. Unbelieveable. No wonder college football players-Notre Dame- for example- shovels stuff that happens on campus under the carpet. The precious children. How about the fact that this was reprehensible behavior on Aziz's part and he deserved punishment and MSU was right! How about if that was your child he publicly humiliated and she did something to hurt herself because of his clear insensitivity and nastiness and the humilation he caused? Maybe the punishment did fit the crime and those of you who think MSU was wrong were the bullies when you were younger. Shame on you all.
Brian Hurrel
7:19 pm on Saturday, January 19, 2013
MSU had no legal right to place an off-campus gag order on a student.
End of story.
If people don't like the law then they can try to change it, but as of now we don't decide legalities by how we "feel".
Nik Bo
11:43 am on Friday, January 18, 2013
I'm disappointed the decision was overturned. It would have set a good precedent and sent a strong message against bullying on the Internet.
profwilliams
1:43 pm on Friday, January 18, 2013
Yea Nik, To hell with all that free speech stuff. Someone's feelings might get hurt...
esther
3:04 pm on Saturday, January 19, 2013
Free speech DOES NOT give you or anyone the right to purposefully hurt someone. Just like you can't yell FIRE in a crowded movie theater and claim free speech you can't hurt someone. That is not free speech and that is not guarenteed by the constitution. Just so you know prof.
esther
3:09 pm on Saturday, January 19, 2013
And by the way- hope you aren't an educator- and if you are hope you're not educating anyone I know.
Brian Hurrel
7:21 pm on Saturday, January 19, 2013
Wow, esther, making all kinds of assumptions about profwilliams as well as insulting him. How would you feel if you were a dedicated educator and someone who didn't even know you and never saw you teach publicly declared that you were unfit to educate anyone they knew.
edward Moran
3:13 pm on Friday, January 18, 2013
Let's see how this works. This 26 year old university student makes insulting and hurtful remarks about someone online. The college feels that it has a right to discipline said student for disrupting the college experience. Said student appeals to a rights organization off campus and the university backs off. How far we've come from what college life is supposed to be about.... a learning environment in a collegial atmosphere. A university cannot even enforce that standard without outside interference. Although that student may have rights, they should not trump another student's right to get an education without being tormented.
esther
3:08 pm on Saturday, January 19, 2013
Agreed.
jingle jones
8:16 am on Sunday, January 20, 2013
Like.
Nik Bo
3:54 pm on Friday, January 18, 2013
I honestly think the right to free speech is BS in the situation. There are extremely strict bullying laws in place now as a result of the number of students to commit suicide each year. This student deserves a punishment to send a message to younger students that this behavior is not acceptable and should not be tolerated. If we truly allow free-speech on the Internet then students Will continue to bully kids all day every day with no repercussions. That is ridiculous
Brian Hurrel
7:15 pm on Friday, January 18, 2013
Wow. Not many fans of the Constitution here.
Dbc
1:25 pm on Sunday, January 20, 2013
Fans of the Constitution...NOT fans of cyber-bullying!
Brian Hurrel
2:44 pm on Sunday, January 20, 2013
You either believe in freedom of speech or you don't. Pretty simple, actually.
Samurai
7:21 pm on Friday, January 18, 2013
Let's not be confused here. Even though the constitution guarantees your freedom of expression, YOU are responsible for the consequences of your 'free' act. The university counsel obviously compromised with this one, so not go further disputing legal interpretation rather than having disciplined him. Such counsel opened door for further harassments. Does the university not have right to rule students' behavior?
Brian Hurrel
9:51 pm on Friday, January 18, 2013
The university has a right to place reasonable limits on student behavior.
If MSU was a private school they could do whatever they want, but they are not, and the Supreme Court has already ruled that publicly funded entities such as universities cannot abridge Constitutional rights.
However distasteful Aziz's comments were, they did not amount to harassment or a threat, even by MSU's own standards.
They suspended him for talking about the case off campus in a private forum.
They have no legal right to do so, and wishing they did is not going to make it so.
The 1st Amendment specifically protects ojbectionable speech. If no one ever said anything that others might object to, we wouldn't need a first amendment.
Riddle me this. What happens when a public university decides that students may not criticize professors, complain about fees, or protest tuition hikes?
Be careful what you wish for.
In any case, though some seem to wish it weren't so, we do have a Constitution, and even a public college administrator is not above the law.
MikeM
11:41 pm on Friday, January 18, 2013
I agree with the reversal of the decision. The true test of free speech is acceptance of speech we don't agree with. If the 1st amendment only counted for things we all agree with it then wouldn't mean anything. There are limits, such as "shouting fire in a crowded theatre." However this incident doesn't meet that test.
What bothered me the most about this whole scenario was that there was no outrage towards the heckler by the so-called propents of civility and anti-bullying. A speaker, of a conservative view point, was invited to speak at MSU and was heckled, thus leading to this series of events. However many of the same people who were quick to indict Mr. Aziz, would be equally quick to protect the hecklers 1st amendment rights.
I guess if your a conservative speaking on a college campus you have no protection from being bullied!!
Eli Zach
10:36 pm on Sunday, January 20, 2013
Who died and left you to be the arbiter of what is Constitutional or not?.......what do you think your endowed with some special gift for interpreting the law?.......what did you take an 8th grade civics class and now feel you have the right to issue legal opinions
Nice
8:14 pm on Saturday, January 19, 2013
Wow- cannot believe anyone thinks that adults should be disciplined for expressing an opinion. As a montclair alumni, I am appalled that the administration of the school thinks they have the right to overstep their authority in such an egregious manner. If you don't like being ripped on, don't put yourself out there, and if your legs look like bleached hams-own it.
jingle jones
8:15 am on Sunday, January 20, 2013
How nasty can you get. I'm guessing you are a recent alum of Montclair pre-school. Grow up.
USA1
10:58 pm on Saturday, January 19, 2013
While I agree that Aziz, a complete idiot has the right to be an ***hole, I can only hope his spring professors exercise their right to fail him!
Dbc
1:29 pm on Sunday, January 20, 2013
and future employers will have the right to google his name!
jingle jones
8:14 am on Sunday, January 20, 2013
Proofreading - it's a responsibility!
Jeff Mattingly
3:41 pm on Sunday, January 20, 2013
Irrespective of where your sympathy leans on this matter the college may have been faced with the reality that their anti-bullying policy may be challenged to the Supreme Court where it would most likely be found to be unconstitutional. Lots of $ defending their policy and potential bad press, as it was pointed out, that it not the mission of the State University to lead in such matters at students tuition expense.
Eli Zach
10:32 pm on Sunday, January 20, 2013
I believe all is fair......we should all be entitled to disparage everyone for everything....fat, bald, short, ugly, smelly, poor, stupid, gay, females, asians, jews, puerto ricans, minorities of every kind.......people with speech impediments and phony illnesses like ADHD, Depression, Aspburges, Alcoholism, Drug Additiction, terminal illnesses, the blind, the deaf, fake impairments OCD and HIV, jihadists........c'mon doesn't anybody have a sense of humor anymore?
Jo
1:25 pm on Monday, January 21, 2013
Has anyone heard of shunning? It can work pretty well. Frankly, if I were hiring, I would pass over this guy.... Also, I wonder if MSU has the resources to treat this 26 year old jerk by OFFERING (not mandating) counseling; also, maybe an opportunity for reconciliation with the young lady....