2 students sue PSU, claim university retaliated after they complained of rough treatment at protest

Two Portland State University students filed a pair of $445,000 lawsuits Monday against the university, claiming it retaliated against them for speaking out about alleged rough treatment by police at a May protest over the war in Gaza that came weeks after the library takeover.

Makayla Topaz Arnold and David Mosqueira say they were knocked down by police on the PSU campus May 23 during or shortly after they linked arms in front of the garage exit of the university’s administration building. On May 29, they sent PSU and the city of Portland tort claim notices that they may sue. Both campus and Portland Police Bureau officers were involved in breaking up the protest, which resulted in the arrests of seven but not Arnold and Mosqueira.

Then on June 4, PSU sent Arnold and Mosqueira letters notifying them they were being investigated for possible violations of the university’s code of student conduct — apparently for participating in the protest. It appears PSU was tipped off to this through Arnold’s and Mosqueira’s tort claim notices, according to Portland attorney Michael Fuller. Fuller is representing the two students.

The lawsuits allege that is unlawful retaliation.

Fuller said it appears the university is saying one thing publicly but trying to quietly chill students from protesting in the future.

“The (PSU) president says …'It’s a time honored tradition that the university honors a peaceful assembly,’ then in the background they’re sending these vague threatening letters trying to kill speech, in my opinion,” Fuller said.

If students are found in violation of the student code of conduct, that could lead to suspension or expulsion, according to the university’s published procedures. Fuller said that threat prompted deep worry in his two clients.

“Am I going to be suspended, expelled, is this going on my permanent record?” Fuller said, describing their concerns. “Both of these students are moving on to pursue advanced degrees. If they’re asked honestly on a future application ‘Have you ever been before a disciplinary board or been involved in any disciplinary proceeding at a prior university?’ They may well have to answer ‘yes’ and that affects their long-term goals.”

A PSU spokesperson, Katy Swordfisk, said the university can’t comment because of the pending litigation and because the matter involved “protected student information as part of student conduct processes.”

Monday’s lawsuits — which are only alleging retaliation — are separate from future lawsuits Arnold and Mosqueira could file against the university and the city for the alleged rough treatment at the May 29 protest. OPB first reported on the filings.

— Aimee Green covers breaking news and the justice system. Reach her at 503-294-5119, agreen@oregonian.com or @o_aimee.

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