After fearing dismissal for participating in a pro-Palestinian demonstration, two students have questioned the university's commitment to free expression.
Although a disciplinary hearing this week freed Mariyah Ali and Antonia Listrat, they claimed that the prospect of expulsion had impacted their coursework and postgraduate job applications.
By interfering with a business meeting and "behaving in an intimidating and disorderly manner" towards personnel on May 22, the two were charged with violating the university's student code of conduct.
A "strong and longstanding commitment to freedom of speech and academic freedom" supported by its code of conduct is what the University of Birmingham claimed to have.
The university's status as "a safe and welcoming space for all our community" was also emphasised.
The University of Birmingham had already taken legal action against Ms. Ali and others over encampments last summer, demonstrating the two students' history of pro-Palestinian agitation on campus.
The protests followed Israel's full-scale invasion of Gaza after a cross-border Hamas offensive in October 2023 that resulted in the deaths of around 1,200 individuals and the capture of 251 more.
Bham Liberated Zone Outside the university library, which is composed of rectangles that are dark grey and yellow, a group of demonstrators is gathering. In the front, on the verdant grass, are tents in shades of blue and white. While some individuals are standing with placards, others are seated. A guy wearing black attire is seen in the foreground, holding a large Palestinian flag. Bham Liberated Zone
The University of Birmingham has regularly hosted pro-Palestinian demonstrations, including encampments last summer.
The two final-year students were charged with misconduct after they joined a gathering outside a meeting about the university's investments last May while screaming slogans and sporting red-marked t-shirts.
Protesters at the time said they were attempting to persuade the institution to financially distance itself from Israeli-affiliated businesses in a nonviolent manner.
Staff members who were there at the meeting, however, described it as a "frightening" encounter.
The disciplinary tribunal heard witness statements that included the following: "The whole incident did not feel peaceful, it felt deliberately disruptive."
The two students said that they had argued at their hearing that the institution had violated the UN's free expression principles.
"It's not lawful to have a policy that requires you to authorise protest," said Listrat.
She went on to say that the policy was detrimental since, among other things, it called for a designated organiser and prior notification.
Bham Liberated Zone Mariyah is holding a white and black loudhailer. She has a dark blue headscarf on with a checkered keefiyeh across her shoulders that is black, white, red, and green. Behind her is a university building with red bricks. Bham Liberated Zone
Mariyah Ali had already opposed the university's attempt to dismantle a protest camp in a High Court hearing.
The students claimed that their opinions had led to more widespread prejudice against them.
According to Ms. Ali, "Muslim students are very pro-Palestinian,"
"I think it goes back to the wider issue of Islamophobia on campus and conflating pro-Palestinian activism with something that is dangerous and intimidating."
Ms. Listrat said that she thought she was being watched as she waited for the hearing because security approached her and informed her that she had been "banned from campus," even though that was untrue.
"I recently did a Subject Access Request and found that the university has kept a folder on me with CCTV footage," she said.
Palestine's Brum Action 4 A crowd of people has gathered in a hallway. Some others are dressed in white t-shirts that have been painted dark crimson to resemble blood. They are all wearing face masks and have keffiyehs or sweatshirts over their heads. Some of them have red paint on their hands, and they are clapping. The image's foreground shows a person with a Palestinian flag slung over his back, looking away. Palestine's Brum Action 4
The two students were part of a group that was demonstrating outside a meeting over university funding.
Additionally, both students expressed disappointment with their Guild of Students, calling their lack of assistance "shambolic" according to Ms. Ali.
"It was easier to get support from the United Nations than our own student union," stated Listrat.
The Guild of Students said that students engaged in disciplinary procedures may get help from its qualified Advice staff, however it was unable to comment on specific situations.
"Our elected officers have worked with the University to uphold students' legal right to protest on campus and represent the student body," said a spokeswoman.
The UoB2 campaign
The students said they were afraid of being expelled after receiving letters informing them of the disciplinary procedure.
"There was this uncertainty about whether either of us were going to graduate," said Ms. Ali.
"We're working on our final year assignments, final examinations, and dissertations. I was unable to even apply for several postgraduate positions.
In an effort to draw attention to their stance, the two launched a campaign in January named UoB2 to oppose the proceedings.
More than 2,000 people signed a petition in their favour, including prominent people like former Labour leader Jeremy Corbyn signed it.
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Additionally, they sought the assistance of the European Legal Support Centre, which presented legal arguments before the misconduct panel, claiming that the institution was legally obligated to uphold free expression.
Ms. Listrat, who was chosen as the new Guild of Students President less than a month prior to the hearing, expressed concern that she would lose her job.
"I had a personal crisis at that point," she said.
"If I was going to be expelled and lose my job, it would've impacted my life in many different ways."
"Very disgusted"
Staff, students, and other community people gathered outside the university library last Monday to demonstrate their support for the hearing, which was held inside.
According to Ellen Shobrook, president of the institution and College Union's (UCU) Birmingham chapter, the trade union has already made an effort to initiate communication with the institution over its Freedom of Speech Policy.
She told the BBC, "I feel really disgusted," during the hearing.
"The students are being punished in a disproportionate and repressive way, which has a chilling effect on the ability for people to peacefully protest."
The UCU insignia is embroidered in white on the front of Ellen's pink beanie. She has brown eyes and short brown hair. Her bag straps hang over each shoulder of her black t-shirt. Ellen is wearing a severe expression. In the distance, behind her, there are demonstrators who are not paying attention.
On the day of their hearing, Ellen Shobrook, the president of the Birmingham UCU chapter, arranged a demonstration in favour of UoB2.
The university said that it does not accept "any suggestion that our Freedom of Speech Code of Practice is unlawful" in response to the allegations made by Ms Ali and Ms Listrat.
"It was developed with expert internal and external legal advice, and has also been relied upon in a High Court judgement," stated a spokeswoman.
The institution also said that a panel unrelated to the first inquiry was participating in its "fair and objective" disciplinary procedure.
Additionally, it denied any indications of Islamophobia.
According to a spokeswoman, "staff, students, and visitors from a wide range of backgrounds and beliefs make up our university community."
"Any racism or prejudice, including Islamophobia, will not be accepted.
"We maintain regular discussions with a range of student and staff representatives to listen to their views and ensure that they feel supported."
Updated on April 16: In an earlier iteration of this article, Antonia Linstrat claimed that the university's code of conduct required 21 days' notice before a demonstration could take place on campus, instead of the 14 days specified under the policy.
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