For giving a like to a post considered offensive, the Adolfo Ibáñez University punished a group of students. The sanctions ranged from the impossibility of applying for student representation positions to not having priority for the registration of subjects. In other specific cases, the “like” discord ended any possibility of obtaining an honors degree or even scholarships. Everything was settled in the Supreme, where the students managed to turn the hand of their house of studies.
The Supreme Court decided to reverse the punishment instructed by the Adolfo Ibáñez University to a group of students who liked a post considered offensive on Instagram.
The events date back to the elections of the Student Center of the School of Psychology that occurred in 2020. Within the process, several lists were presented.
One of them was the so-called “Metanoia”, which would later be the object of the “like” of the discord.
It turns out that in the middle of the elections, the Instagram page Tnt_adolfina He uploaded a meme to his account that said: “Metanoia 3 seconds without telling me that its president is part of the LGTBIQ+ community”along with the classic image of a young man with a “content” face.
The complaint
The image did not sit well with the aforementioned representative, who decided to file a complaint, considering the publication posted on the social network as a mockery. His legal offensive led to the opening of an internal investigation at the university for alleged harassment and discriminatory acts.
The result? Seven students punished for liking the post. The higher education institution considered the facts accredited as an infraction of its Honor Code.
All were notified of the sanction that, on paper, contemplated their “censorship”, plus a letter of apology to the representative of the Metanoia list.
In practice, however, the measure contemplated more serious punishments. None of them, for example, could apply for positions of student representation or to be assistants. Nor would they have priority for the registration of subjects.
In other specific cases, they would not be able to obtain a bachelor’s degree with honors and lost the option of a series of scholarships.
The like cost them dearly.
partial defeat
Not being able to appeal the punishments ordered by the university, the group of students decided to file a protection appeal. They did it before the Court of Santiago.
Sponsored by the lawyer Aldo Fendez, they denounced the actions of the university as illegal and arbitrary. They charged that the internal investigation lacked minimum guarantees of due process.
The institution defended itself. They explained before the high court of the capital that the publication deeply compromised the student who felt discriminated against because of his sexual orientationwho saw the need to denounce.
Regarding the merits, they affirmed that the resolution was adjusted to the General Law of
Education and the internal regulations of the university applicable to situations
of arbitrary discrimination or infractions of the duty of respect. All this, within the framework of its autonomy.
The Court leaned towards the position of Adolfo Ibáñez and the appeal was rejected.
Loss for the students.
to the Supreme
Not being satisfied with the result, the group of students went to the Supreme Court. The result? The highest court in the country decided to reverse the ruling, although with a “slap on the wrist” for young people.
In his determination, The Supreme considered that it was a lot of punishment for a like, considering that none of those punished even participated in the creation and upload of the meme.
“That although it appears that the University, in accordance with its statements, acted within the internal law and current legal regulations, in relation to the due protection of persons and sexual minorities, the truth is that from the point of view of those who resort to constitutional protection, the sanctions applied are disproportionate in the opinion of this Court”, reads the ruling.
Precisely, he adds, “it was a group of students who did not participate in the creation or dissemination of the publication in question, nor did they express explicit comments about it, limiting themselves to consigning the expression ‘like'”.
“The principle of proportionality is a basic value that must be present in any system of administrative sanctions, and supposes a balanced relationship between the imputed conduct and the sanction that is applied, being behind it fundamental legal rights, such as equality before the law and due process”, sentence.
However, the Supreme drew their attention: “Notwithstanding what was resolved, the respondents will take into consideration the inappropriateness of their action, which affects another colleague in his self-determination as a person.”
Final victory.