EAST ST. LOUIS - Former Southern Illinois University-Edwardsville student Maggie DeJong and former chancellor Randall Pembrook settled their religious censorship dispute through mediation on June 26.
They asked Chief U.S. District Judge Nancy Rosenstengel for 60 days to prepare documents, and she granted it.
The settlement includes DeJong’s claims against Equal Opportunity Director Jamie Ball and Art Therapy Program Director Megan Robb.
| siue.edu
As part of the settlement, DeJong was awarded $80,000 and the professors named in her suit must undergo First Amendment training.
DeJong’s statements on her personal social media accounts about her belief in Jesus Christ were met with disapproval by three classmates, so they complained to Robb.
Robb relayed the complaints to Ball who obtained three orders from Pembrook prohibiting DeJong from contacting the three.
Pembrook rescinded the orders after Alliance for Defending Freedom, an Arizona group, contacted the university on DeJong’s behalf.
Michael Cork of Indianapolis and Alliance lawyers Tyson Langhofer and Mathew Hoffmann filed suit after DeJong earned a master’s degree in art therapy last year.
They alleged constitutional violations through retaliation for protected speech, discrimination against content and viewpoint, and prior restraint.
They sought compensatory and punitive damages.
Pembrook, Ball, and Robb moved to dismiss, and Rosenstengel denied it in March.
She wrote, “DeJong clearly has the right, as enshrined in the First Amendment, to express her religious, political, and social views on her personal social media account and to engage in mutual conversations with fellow students regarding those opinions without fear of retaliation from school officials.”
“Taking all of Robb’s actions together, it is plausible that her actions intended to intimidate or humiliate DeJong,” she added.
Rosenstengel found that if Robb engaged in a campaign to tarnish DeJong’s reputation or threatened punishment, Robb should have known she violated DeJong’s First Amendment rights.
She found DeJong sufficiently pleaded discrimination against Pembrook and Ball.
University counsel Ian Cooper of St. Louis County answered the complaint in April, stating Pembrook didn’t harm DeJong, and her own actions did.
He claimed DeJong instead violated Pembrook’s free speech by suing him and seeking punitive damages.
Robb’s answer stated DeJong violated standards of diversity competency.
Ball’s answer stated she had legitimate reasons for her actions.
All three stated they engaged in discretionary functions in good faith consistent with their obligations and they weren’t aware that they violated any clear constitutional right.
Rosenstengel ordered mediation and set trial next April.
DeJong and defendants selected mediator Frank Neuner of St. Louis County, and the parties reached a settlement.