UMd. Investigation Concludes Offensive Email Protected By First Amendment

COLLEGE PARK, Md. (WJZ) A racist, sexist email sent by a fraternity member on the University of Maryland campus was protected under the First Amendment, the university concluded in a recent investigation.

As Tracey Leong reports, the student who wrote the email could come back to campus and some students are uncomfortable with that.

Students gathered Thursday at a town hall on campus to discuss the letter and the universitys findings.

In a letter Wednesday, President Wallace Loh addressed the university community stating that officials had concluded an investigation into a an abhorrent email that was racist, sexist, and misogynist in condoning non-consensual sexual conduct that was sent more than a year ago, but was recently brought to the attention of campus leaders.

The email, which was written by a Kappa Sigma fraternity member, was sent to other members of the fraternity.

In the letter, Loh said:

The investigators interviewed many individuals and reviewed other information. They focused not only on the content of the message but also on the factual circumstances of time, place, manner, and effects of the message. They found no subsequent conduct by anyone that raised safety concerns.

They concluded that this private email, while hateful and reprehensible, did not violate University policies and is protected by the First Amendment. Following consultation with the Universitys General Counsel, I accepted the conclusions of this independent investigation that was carried out in accordance with due process.

However, this determination does not mitigate the fact that the email is profoundly hurtful to the entire University community. It caused anger and anguish, pain and fear, among many people. It subverts our core values of inclusivity, human dignity, safety, and mutual respect. When any one of us is harmed by the hateful speech of another, all of us are harmed.

Loh said he met with the student and his parents and the student did apologize for his behavior, saying:

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UMd. Investigation Concludes Offensive Email Protected By First Amendment