After public outcry, the University of Sydney (USyd) has said the penalties in the misconduct investigation facing a trans student at risk of deportation no longer includes exclusion or suspension, and cited an administrative error in their initial notification.
Luna, whose name has been changed for her protection, is facing a misconduct-related investigation for allegedly writing pro-Palestine messages on whiteboards.
The University’s Office of the Academic Registrar informed Luna she was being investigated for alleged misconduct on February 3, which could result in her suspension. As an international student, a suspension could result in the cancellation of her visa, and see her deported back to her home country of Malaysia, where same-sex behaviour and diverse gender expression is criminalised.
Images provided by the university of the alleged misconduct show whiteboards with the phrases “from the river to the sea, Palestine will be free” and “USyd Vice Chancellor Mark Scott supports Gaza Genocide” written in green marker.
“I am a transgender woman seeking asylum in Australia due to immense violence and persecution in my home country, Malaysia,” Luna wrote in her letter to the Registrar.
“As a transgender woman, I have been denied access to gender-affirming care, including hormone replacement therapy, in Malaysia and can only access essential health care in Australia.
“This means that the threat of suspension is a direct threat of life-threatening violence and forced de-transition, removing my access to hormone replacement therapy.”
The University claimed that Luna breached the controversial Campus Access Policy, which requires students to submit a notification of protest, restricts the displaying of banners, posters or stickers to “designated” noticeboards, and allows security to detain students for the purpose of delivering them to the NSW Police.
The policy, introduced in June of last year following pro-Palestine solidarity encampments, is opposed by the University of Sydney National Tertiary Education Union, the university’s Student Representative Council, and Amnesty International.
USyd says misconduct notice given to trans student an “administrative error”
Luna requested that the deadline be extended to March 21, when she will qualify for a bridging visa, significantly decreasing her risk of deportation.
Although the university initially denied this extension to March 21, a shorter extension until March 14 has been granted, following outcry from unions, civil society groups, and the NSW Greens. The uni had granted an initial extension until March 7 upon first request from the student, then extended this until 14 March after making a statement about the administrative error.
In a statement released Wednesday March 5, USyd said the notice provided to Luna contained an “administrative error relating to the likely penalties that would be imposed if the student admitted the conduct.”
“The error is being rectified, and the student will be provided with the correct information, advice and relevant support as a priority. The student will also be provided with an extension of time to provide her response.”
On Thursday morning, members of the university’s SRC spoke out against Luna’s treatment, in a joint press conference with Students for Palestine, the Queer Unionists in Tertiary Education, Pride in Protest, and the NSW Greens.
“To international students, threats of misconduct-related suspensions are threats of visa cancellation. Threats of visa cancellation are direct threats of detainment in immigration detention or deportation,” said Damien Nguyen, Pride in Protest spokesperson and Pride in Protest-elected Sydney Gay and Lesbian Mardi Gras Board Director.
“Luna’s story lies at the intersection of transphobia, international student exploitation, and repression of pro-Palestine activism. This is a direct result of the abuse of power by the University of Sydney, preying on the precarity of students’ conditions to suppress criticism.”
The groups demanded that the allegations of misconduct against Luna be dropped, and that all CAP-related misconduct also be dropped.
“Sydney University’s use of their Campus Access policy to target a student for exercising legitimate political speech sets a dangerous precedent. Universities should be places of free expression, where students can challenge injustice without fear of punishment,” said Dr Max Kaiser, co-Executive Officer of the Jewish Council of Australia.
“At a time when global solidarity with the Palestinian people is growing, it is deeply troubling to see institutions weaponising administrative processes to silence dissent.”
Shortly after the press conference, the university released a follow-up statement confirming that the administration was in contact with Luna, and confirmed that penalties do not include exclusion or suspension.
“The safety and wellbeing of our community is our prime concern at all times, and we deeply regret any confusion or distress relating to this issue,” the university said.
Speaking to City Hub, Nguyen said that the updated statement rang hollow.
“It is clear that USyd management still plans to penalise her for pro-Palestine statements on a whiteboard,” he said.
“This crisis media statement is written to avoid further public scrutiny. If USyd cared about safety and wellbeing, it would have completely dropped the allegations of misconduct against Luna.”
EDITOR NOTE
An earlier version of this story said the University of Sydney ‘walked back the suspension of a transgender student at risk of deportation’. The University of Sydney contacted Star Observer to say this was incorrect – a suspension was never imposed, and the University has not retracted it, the only change is that the notification of likely penalties no longer includes exclusion or suspension.
An earlier version also said the investigation ‘could result in her suspension or expulsion’ – this has been amended, as expulsion was never referenced.
Explanation of requirements expected for student protest has also been changed, USyd does not ‘require students to apply for a permit to protest’, there is only a ‘notification requirement’.
The student’s extension dates have been amended: extension sought until 21 March has not been granted, but a shorter extension was granted until 14 March.
Lydia Jupp
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