London student wins pay out from university after being suspended for headscarf comment

Royal Holloway University has agreed to pay compensation to a student suspended for comparing a pro-Palestine activist’s headscarf to a tea towel.

Brodie Mitchell, 20, began a lawsuit against the university for subjecting him to “unfair” disciplinary measures over what he describes as a minor “spat.”

The university has now agreed to pay an undisclosed sum to Brodie as a “gesture of goodwill,” following the dispute being settled outside of court.

It also released a statement showing “regret” for the “length of time” Brodie was suspended, and for any distress it caused him.

Brodie, a second-year politics and law student who identifies as a non-Jewish Zionist, was involved in a confrontation at the university’s Freshers’ Fair last year.

Brodie Mitchell, a second-year student at Royal Holloway (via LinkedIn)

He alleged the president of the university’s Friends of Palestine Society called him a “wannabe Jew” upon seeing him and asked him why he wasn’t wearing a Jewish yarmulke or kippah.

Brodie responded by saying “you’re wearing a tea towel over your head,” in response to the president’s Yasser Arafat-inspired keffiyah.

Brodie explained he considered his response at the time to “be a fitting off-the-cuff retort” to a “pre-emptive racist and antisemitic attack.”

He said his comment was also a reference to the president’s “jibe” about his “lack of kippah.”

The next day, Brodie was suspended from the university during a nine-week investigation by Royal Holloway for “alleged conduct that could be considered hate speech.”

He claimed he was forced to leave his accommodation for several days. This has been denied by the university. Instead, the university said it placed strict restrictions on him interacting with other students around its campus near Egham, Surrey.

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Royal Holloway University. Via Unsplash

Brodie also accused the university of denying him the time and facilities he needed to complete his degree.

Shortly after the incident, Brodie emailed the university with a statement accepting his response was “poorly expressed and inappropriate” and emphasising “it was only about politics, not about race or religion.”

He told the pre-trial hearing: “I’ve always tried to be respectful in how I express myself, even when discussing difficult topics like the Israel-Palestine conflict. I respect others’ right to hold opposing views, but I also believe in the importance of open dialogue and the ability to disagree without hate.”

Royal Holloway and Brodie issued an agreed statement last Friday, confirming the dispute had been settled without an admission of liability from the university.

The statement said: “Mr Mitchell and Royal Holloway, University of London, can confirm that the dispute between them has been settled without any admission of liability and on terms which allow Mr Mitchell to participate in his studies and other activities within the university.

“Royal Holloway condemns all forms of bullying and harassment, including discrimination on grounds of race and belief. Royal Holloway’s student conduct regulations exist to address unacceptable behaviour and to ensure an inclusive and safe campus experience for all students. Royal Holloway’s position has been, and remains that, this case concerns conduct and the appropriate application of our regulations, not freedom of speech.

“However, Royal Holloway recognises that it could have been clearer in the communication of the meaning and effect of the suspended deregistration to which Mr Mitchell was subject and regrets the length of time for which he was suspended and the distress this caused him as a result. In recognition of that, Royal Holloway has made a payment to Mr Mitchell as a gesture of goodwill.

“Mr Mitchell’s position remains that his suspension by Royal Holloway and the disciplinary proceedings initiated against him were a disproportionate interference with his right to freedom of expression. He has agreed not to pursue his claim against Royal Holloway in order to put this matter behind him and in recognition of the terms of settlement. However, Mr Mitchell accepts, as he has since he made it, that the comment which gave rise to the disciplinary proceedings initiated against him was poorly expressed and inappropriate. He regrets making it and understands that it could cause offence.

“The parties look forward to drawing a line under this matter and moving forward together constructively and in a spirit of co-operation with Mr Mitchell being fully supported in his remaining time at university.”

Mitchell still faces being prosecuted over the incident, and police informed him earlier this month they had submitted a file to the Crown Prosecution Service, seeking advice over possible charges for a hate crime.

Featured image via LinkedIn and Unsplash