By Maggie Macintosh, Local Journalism Initiative Reporter, Winnipeg Free Press
January 30, 2024
A disciplinary panel has rejected the discriminatory claims underpinning the suspension of a nursing student from the University of Manitoba after she made social media posts condemning the Israeli government and military.
Arij Al Khafagi is once again in good standing with the college of nursing, per a ruling issued Jan. 25.
“Your suspension from the college of nursing is overturned and you are to be immediately reinstated… with all the rights and privileges therein,” states an excerpt from a 17-page letter penned by a panel of staff and students from the Rady Faculty of Health Sciences.
The Jan. 25 decision was delivered about nine weeks after Al Khafagi, then-president of the Nursing Students’ Association, was informed she was being ejected from her program for the remainder of the 2023-24 academic year.
College administrators reported receiving complaints about her Instagram activity from her peers, several of which were anonymous, and accused her of both making antisemitic comments and wider unprofessional conduct.
The 25-year-old filed an appeal in response.
When reached by phone Monday, Al Khafagi said she was ecstatic about the outcome and hopeful it will set a precedent on campuses across the country.
“I know I’m not the first person this has happened to, but I hope I’m the last person,” she said.
“The censorship needs to stop. I think we should be able to have dialogue (about the Israel-Hamas war and related matters) within our campuses, and I know that a lot of the professors are now planning panels and trying to figure out ways to bring in constructive dialogue to our campuses after my issue.”
One week after Hamas launched a wide-scale attack against Israel on Oct. 7 and the latter declared war, Al Khafagi denounced the retaliatory bloodshed of civilians in a series of Instagram stories — temporary posts that have a 24-hour lifespan.
One showed a controversial cartoon equating the actions of the Israeli military to those of Nazis during the Second World War.
Another, also made over the Oct. 14-15 weekend, included a reposted video of people searching rubble for a missing child in Gaza with a caption criticizing supporters of Israel for backing a government responsible for mass destruction and killing Palestinian civilians.
Last week, a disciplinary committee held a closed hearing, during which the defendant and administrators made statements about the case.
Ben Baader, an associate professor who researches Jewish history, spoke in support of Al Khafagi’s bid for immediate reinstatement and against the school’s broad interpretation of antisemitism.
He called the nursing student’s posts “forceful political commentary in a dramatic historical situation” during his presentation.
On Monday, the academic said the panel’s conclusion is a positive development for “the political and intellectual climate” on campus. “What we need is a culture of robust debate and not a culture of fear,” he added.
Sources told the Free Press the panel ultimately concluded Al Khafagi’s actions did not, on a balance of probabilities, meet the university’s definition of discrimination as outlined in its disclosures and complaints procedure.
The document states discrimination is any act or omission that results in differential treatment of an individual on the basis of a protected characteristic, including but not limited to ancestry, nationality, ethnic background, religious belief or political association.
Nursing dean Netha Dyck did not respond to a request for comment Monday.
“Out of respect for privacy, (U of M) cannot provide details specific to an individual’s disciplinary case,” university spokeswoman Eleanor Coopsammy said in an emailed statement.
Coopsammy has previously said the university upholds the principle of freedom of expression, while maintaining a “respectful and safe environment for all.”
Defendants are given 10 days to challenge an appeal decision. There is no mechanism for complainants to do the same via the internal disciplinary process.
Al Khafagi said she has not received an apology from the college that acknowledges the wrongful penalty.
“I think they took (the suspension) very lightly. They need to acknowledge the mental and emotional strains that they put on me as a student throughout this whole process,” she said, adding Muslim students have felt unsupported and marginalized by their school’s response to the Israel-Hamas war.
The final-year student, who was on track to become a certified nurse in the fall prior to her suspension, must now meet with an academic adviser to resume her coursework.
Her future affiliation with the Nursing Students’ Association remains unclear, although she said wants to continue in her leadership role; the second-in-command stepped up when she was suspended and an election was held to appoint a new vice-president.
maggie.macintosh@freepress.mb.ca
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University of Manitoba nursing student suspended, accused of antisemitic posts