York University has reached a settlement with a student activist who was barred from campus for his role in two noisy demonstrations, putting an end to a legal battle that involved the Supreme Court of Canada and gained the attention of the academic community.

Many regarded the suit, filed by undergraduate student Daniel Freeman-Maloy against York and its president, Lorna Marsden, as an important test case for the preservation of academic freedom for students and professors.

Last fall, the Supreme Court of Canada refused to hear an appeal in the case by the university, paving the way for the Toronto student to sue York for public misfeasance, libel and breach of academic freedom.

The out-of-court agreement, which comes as Dr. Marsden is preparing to leave her post, means that the issues the case raised will remain untested in the courts, but will be considered by other bodies investigating the situation at York.

James Turk, executive director of the Canadian Association of University Teachers, said his group, which represents faculty, is concluding its own broader investigation into issues of freedom of expression, academic freedom and governance at the university.

The findings of the two-year study will be presented to the university and will be made public only if remedies are not found, he said.

A grievance involving a York professor, David Noble, that is linked to Mr. Freeman-Maloy's case has also gone to arbitration and a ruling is expected soon.

The professor has launched his own suit against several parties, including the York University Foundation and Dr. Marsden.

"I'm very pleased that a settlement has been reached because Mr. Freeman-Maloy's concerns were very serious ones," Mr. Turk said.

Terms of the settlement were not disclosed. Mr. Freeman-Maloy had sought payment of $850,000.

A brief statement issued by both parties described the terms of the agreement as "mutually satisfactory."

The suit stems from a three-year suspension handed to Mr. Freeman-Maloy for his part in two unauthorized protests against Israeli policies toward Palestinians.

Mr. Freeman-Maloy was later reinstated, but decided to pursue legal action, alleging that his personal, academic and political relationships and his employment prospects were harmed.

Peter Rosenthal, Mr. Freeman-Maloy's lawyer, said his client is set to graduate next month and plans to remain at the university, doing graduate studies in political science.

"So she is leaving and he is staying," he said, referring to the coming departure of Dr. Marsden.

Mr. Rosenthal said the timing of the deal was not linked to his client's approaching graduation or the end of Dr. Marsden's tenure as head of the university.

York University declined to make any comment on the deal beyond its statement.

Buoyed by a secret deal with the university that had expelled him for three years, Canada's most infamous student protester plans to be back on campus this fall – with his megaphone.

Pro-Palestinian activist Daniel Freeman-Maloy made national headlines in 2004 when he was suspended by York University for using a bullhorn at two anti-Israeli rallies. Last week, he reached an out-of-court settlement with York that he calls satisfactory.

Freeman-Maloy says he's looking forward to returning as a grad student and continuing to wage "a healthy movement against war and occupation.

"The main story about my legal case is that we managed to carve out a space at York for healthy protest about political issues," said the Jewish political science major who promises to keep criticizing Canada's support of the "invasion" of Iraq, its ongoing sanctions against the Palestinian leadership and Canada's presence in Afghanistan.

York would not comment on the case yesterday.

In the spring of 2004, without a hearing or appeal, Freeman-Maloy was given a three-year suspension for using a megaphone during two winter rallies in York's Vari Hall rotunda while classes were in session.

The 24-year-old son of left-wing activists – his father was a Vietnam draft dodger; his mother a civil rights activist – sued York President Lorna Marsden for $850,000 for a move he alleged defamed him, curbed his earning power and clipped his academic freedom.

While the university withdrew the suspension after three months, Freeman-Maloy went on to sue York and Marsden for compensation, a battle that ended with the recent confidential agreement.

Canadian Federation of Students' Ontario president Jesse Greener hailed the settlement for "sending a message that students will be able to enjoy free speech on campus, without administrators acting unilaterally against students because of their political views."

Freeman-Maloy said he could not discuss details of the settlement or legal battle that went all the way to the Supreme Court of Canada, which upheld his right to sue a university president for "misfeasance in public office."

At the time, Marsden said the move was within her power under a presidential regulation that did not require her to give him a hearing or let him appeal.

Freeman-Maloy plans to participate in the campus Palestinian Solidarity Committee and fighting war and occupation.

"We're going to see a healthy discussion of this controversy this fall at York and at campuses across Canada."

TORONTO, May 3, 2007 -- York University and student Daniel Freeman-Maloy have reached an agreement that will bring to an end Mr. Freeman-Maloy’s lawsuit against the University.  The terms of the settlement of the lawsuit, which are mutually satisfactory, are confidential.
 
Alex Bilyk
Director,
edia Relations
(416) 736-5603
bilyk@yorku.ca