PUNISHED FOR QUESTIONING A ... PARKING LOT? I don't have to make up stuff like this. A former student at Valdosta State University objected publicly to the former president's plans to spend student fees on two parking garages. The president declared the student persona non grata. A trial of prodigious length followed.

[Former president Ronald] Zaccari is personally liable for damages against [the expelled student Harold] Barnes after ignoring the advice of both VSU's attorneys and VSU's written policies and expelling Barnes without even the most minimum elements of due process. Torch readers, of course, remember the instigating incident that precipitated Zaccari's draconian response: a peaceful campaign against Zaccari's plan to spend $30 million of student fee money on new parking garages.

University administrators rely on a concept called qualified immunity that protects a number of university policies including but not limited to grade disputes and faculty tenure. Qualified immunity, however, does not trump the Bill of Rights.

FIRE has been warning college presidents and administrators for some time that when they violate the expressive rights and due process rights of students at public universities, they do more than defy the dictates of the Constitution (and, for that matter, abandon their moral duties as leaders of our nation's institutions of higher education). We have warned that administrators who violate students' First Amendment and due process rights precariously ignore, at their own risk, controlling Supreme Court decisions and other longstanding federal court precedents on these matters.

That's because administrators at public colleges and universities, as public officials performing discretionary duties under color of state law, can be sued in their individual capacities by students under 42 U.S.C. § 1983 for violating these and other rights. Section 1983 is a federal civil rights statute that allows individuals who have been deprived of a federal statutory or constitutional right to pursue monetary damages against the responsible government official or officials.

The president's defense of his actions doesn't withstand scrutiny.

The president-as-guardian image, however, crosses the line when tragic events such as the shootings at Virginia Tech and Northern Illinois University are invoked to crack down on campus discourse:

"The action I took, coming less than three weeks after the tragedy of Virginia Tech, was solely motivated by my commitment to protect the safety of VSU students and the VSU campus."

FIRE is sick and tired of these tragedies being cheapened like this. Torch readers remember that in this particular case Barnes was personally expelled by Zaccari, without any due process, after Zaccari deemed him to be a "clear and present danger" to the campus for peacefully protesting Zaccari's plan to spend $30 million on new parking decks—most notably by publishing a satirical collage of the project on his Facebook page. Judge Pannell's opinion swiftly debunked the idea of any "threat" Barnes posed to Zaccari or the rest of the campus.

Being a threat to Mr Zaccari's construction plans, however, is too serious to be mocked on a Facebook page.

Valdosta State is a small university not far from the Georgia - Florida state line. The mission statement U.S. News received is instructive.

Valdosta State University is located in the heart of one of the most beautiful cities in the South. Known as the "Azalea City," Valdosta is the center of Georgia's newest metropolitan area which has a population of over 123,000. Valdosta, with its mild climate, friendly people, and natural beauty of the area is a great place to attend college. And yes, there is plenty to do. From outdoor recreational activities including golf, tennis, and swimming to a vibrant night life including movie theaters, bowling alleys, restaurants and night clubs, Valdosta has it. Valdosta, GA located 20 miles above the Florida border is easily accessible from South Florida, North Georgia, and beyond. We are the half-way point between Atlanta and Orlando. Our mild climate and proximity to beaches on the Atlantic and Gulf of Mexico create endless possibilities for outdoor fun.

Perhaps part of providing for the outdoor fun is maintaining a climate of ignorance within which administrators can expel politically inconvenient students without anybody noticing.