Michigan State students sue former professor, MSU officials for 1st Amendment violations

EAST LANSING — Two Michigan State University students are suing their former professor claiming they were forced to pay $99 for an organization membership that conflicted with their religious beliefs.

Second-year business students sophomores Nathan Barbieri and Nolan Radomski are suing former Eli Broad College of Business professor Amy Wisner for violating their religious beliefs after learning a required course fee supported Wisner's organization The Rebellion Community. They argued the organization's political stances violate their beliefs as Christians.

The suit also names interim Provost Thomas Jeitschko and interim Dean of the Eli Broad College of Business Judith Whipple, claiming they failed to take appropriate actions to ensure future students are not subjected to "unconstitutional" course requirements or fees.

Alliance Defending Freedom senior counsel Tyson Langhofer said Jeitschko updated the school's conflict of interest policy.

"We believe (the policy) is essentially what she was using to justify her actions," he said.

The law firm is a legal advocacy group that, according to its website, is "committed to protecting religious freedom, free speech, the sanctity of life, marriage and family, and parental rights."

The membership requirement for the MKT 250 Business Communication course started in the fall 2022 semester, according to the lawsuit, filed Thursday in federal district court for western Michigan.

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"Defendant Wisner controlled The Rebellion Community and used the membership fees to finance her own political advocacy and to support external groups — including Planned Parenthood — that engage in political speech that is antithetical to the plaintiffs’ deeply held beliefs," the lawsuit claims. "Plaintiffs were aghast to learn that the fees they were compelled to pay as membership fees would be donated to Planned Parenthood. Plaintiffs believe that Defendant Wisner has forced them to materially support the homicide of innocent children."

The suit also claims the pair opposed instruction in critical race theory, and believe marriage is limited to men and women.

"Plaintiffs believe that God’s design for marriage, sexuality, and family (which Defendant Wisner would imprecisely lump into the concept of “patriarchy”) is good for both men and women and they oppose efforts to “smash” this order," the suit claims.

The students are requesting the court to issue an injunction against Wisner to block any further collection of membership fees and request MSU to update university policies on professors requiring students to purchase course material as a condition of enrollment. They're also seeking monetary damages and attorney fees from Wisner.

Logan Spena, the Virginia attorney representing the students, said in a May 22 press release that professors "can't force students to finance and support political advocacy groups that express messages they disagree with."

University spokesperson Dan Olsen declined to comment on the litigation. However, he shared a link to the university's conflict of interest policy that all faculty and academic staff are required to follow.

"Faculty members must annually disclose all significant financial interests and other opportunities for tangible personal benefit that are related to the faculty member’s institutional responsibilities," the policy states. "Faculty members must also submit an updated disclosure within 30 days of acquiring any new significant financial interest or other opportunity for tangible personal benefit."

According to the conflict of interest policy, faculty who violate the policy can be disciplined. Discipline varies depending on what the Faculty Conflict of Interest Officer and Vice President for Research and Graduate Studies determines to be suitable through the Conflict Review Committee. Faculty are allowed to appeal any decision within 10 days.

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Barbieri is pursuing a major in finance while Radomski is pursuing a major in supply chain management. They took Wisner's class in the spring 2023 semester. All students in the college are required to take the course for graduation, according to the lawsuit. The two students claim in the lawsuit the course changed trajectory after Wisner gave a Tedx Talk in May 2021.

"Defendant Wisner changed the curriculum and structure of a University-required course to promote her own political views, and then required students to finance and join her outside expressive association as a condition of completing the course," the lawsuit read.

Messages seeking comment were left with Wisner via Facebook and her websites.

Olsen declined to comment, saying the university doesn't address personnel matters.

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The lawsuit claims Whipple was informed about the fee and its use and then placed Wisner on leave and refunded the fee to spring semester students. Olsen said the refund came from the college's fund. He doesn't yet know how much that cost the Broad College of Business. The lawsuit claims 600 students were charged the fee in the spring.

The two business students don't believe a refund goes far enough, saying Wisner was not required to personally repay the money. Langhofer said the students are asking the court to order Wisner to personally give back the money she collected for her organization, and to give a full accounting of how she spent students' money.

"They did complete the course and I'm not aware that their grades were affected," Langhofer said. "... Joining of this website wasn't the issue. It was the fact that when you joined, you had to pay and be a part of this community and she said she was going to use the funds for her own political activity."

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Contact reporter Krystal Nurse at 517-267-1344 or knurse@lsj.com. Follow her on Twitter @KrystalRNurse.

This article originally appeared on Lansing State Journal: 2 Michigan State students sue former professor, MSU officials over $99 fees