Stockton Student Faces Suspension Over Trump Pic, Comments

GALLOWAY, NJ — A Stockton University doctoral student enlisted a First Amendment advocacy group to fight a complaint from a fellow student alleging bias. The complaint centers around posts on student Robert Dailyda's personal Facebook page in response to him using President Donald Trump's image as a Zoom background during class.

According to the complaint — which the Foundation for Individual Rights in Education (FIRE) posted online — stemmed from a July 1 virtual class in which Dailyda put up a background image of President Trump. The image caused "several individuals in his cohort to feel offended, disrespected, and taunted," according to the report from Amy Jones Rozell, Stockton's director of care and community standards.

FIRE's 15-page letter outlines why they believe Dailyda's First Amendment rights have been violated as he navigates the university's disciplinary process. Potential sanctions against Dailyda include suspension, a $50 fine and participation in a community service project, social justice workshop and decision-making workshop.

Dailyda and a few of his classmates discussed the virtual background over a GroupMe chat after class, according to the report. Although the discussion became "heated," it didn't become threatening, and Dailyda left the chat to avoid "continued conflict," according to officials.

The student posted the following on his Facebook page in response:

“I love this country. We are a diverse, yet assimilated population from all backgrounds. I believe all must have the same opportunities and I commit to make that a priority. Beyond that, I am done with the leftist agenda of BLM and the white self haters. I have seen it in action in my doctoral classes at Stockton and the general media. I’m not backing down. If we can’t get past this, ok, I’m ready to fight to the death for our county and against those that want to take it down. I believe there are also many like me.”

One comment on the post said, "I'm surprised how many people are quiet...maybe not..."

Another unidentified Facebook user responded, "Bob Dailyda that's what we do. (Quiet) but ...we aim with persision (sic). Boom done. No drama."

Dailyda didn't respond to the comment, but university officials were said others were "concerned that Mr. Dailyda may have similar views and thoughts of violence," according to the letter from FIRE.

University police officers contacted Dailyda on July 3, saying they received a report that he made threatening statements, according to the letter. Dailyda told police he didn't intend to threaten anyone. Officers took his statement and didn't pursue charges.

Stockton charged Dailyda on July 16 with violating the following provisions of its Campus Conduct Code: disruptive behavior, discrimination, harassment, hostile environment and harm.

A Stockton spokesperson confirmed that Dailyda is a graduate student and is involved in an internal student Code of Conduct case, but they are prohibited from providing any additional information. No disciplinary action has been taken, spokesperson Diane D'Amico said Monday.

FIRE's letter calls on Stockton University to stop pursuing charges against Dailyda and says his expressions were protected speech, don't disrupt class activity and don't amount to an "unprotected true threat or harassment."

"Stockton may not permissibly use its disciplinary process to punish Dailyda for his protected political expression," the letter says.

FIRE, a nonprofit, sets to inform the public about their rights on student campuses and has gotten involved in fighting several alleged First Amendment violations since their 1999 founding. They emphasize "freedom of speech, legal equality, due process, religious liberty, and sanctity of conscience," according to their website.

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