York University president Lorna Marsden responded to pressure in July by ending her suspension against a 22-year-old student, just one day after a Superior Court judge ordered a judicial review of the case.

Daniel Freeman-Maloy, an undergraduate student and political activist, was originally handed a three-year suspension in April and banned from campus by the York president for making excessive noise during two protest rallies in Vari Hall.

The university's about-face followed a decision July 20 by Superior Court Justice Gloria Epstein that cleared the way for a judicial review of the case. The university had tried to quash those proceedings.

Epstein also issued an injunction to block the university from holding a disciplinary tribunal for Freeman-Maloy, stating the process was not adequate.

"In this case the harm relates to Mr. Freeman-Maloy's being caught in a procedural nightmare while the time is fast approaching when his next school year will begin," Epstein stated in her ruling.

Epstein concluded that Freeman-Maloy's academic career may be "irreparably harmed" if he is forced to participate in the hearing before the discipline tribunal.

Freeman-Maloy expressed delight at the outcome, saying his suspension had been "an attempt at political repression." But he says that although the specific expulsion has been rescinded, Marsden has given no indication that "she plans on stopping her attempts to repeal student rights to vigorously press for social change on campus." Freeman-Maloy says he's contemplating a civil action.

Marsden's action had been criticized by the university's senate, which called on her to rescind her decision and to ensure "that all disciplinary action against students is taken within the context of established regulations, due process and with regard to the values of the university." York University Faculty Association similarly expressed concern about the suspension and the procedures used in the case.

CAUT wrote Marsden about the severity of the sanction and the apparent denial of any process involving natural justice and procedural fairness in this case and indicated it would be brought before CAUT's Academic Freedom and Tenure Committee.