A Medical Student Questioned Microaggressions. UVA Branded Him a Threat and Banished Him from Campus.

Kieran Bhattacharya is a student at the University of Virginia (UVA) School of Medicine. On October 25, 2018, he attended a panel discussion on the subject of microaggressions. Dissatisfied with the definition of a microaggression offered by the presenter—Beverly Cowell Adams, an assistant dean—Bhattacharya raised his hand.

Within a few weeks, as a result of the fallout from Bhattacharya’s question about microagressions, the administration had branded him a threat to the university and banned him from campus. He is now suing UVA for violating his First Amendment rights, and a judge recently ruled that his suit should proceed.

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{snip} It was a polite disagreement. Adams generally maintained that microaggression theory was a broad and important topic and that the slights caused real harm. Bhattacharya expressed a scientific skepticism that a microaggression could be distinguished from an unintentionally rude statement. {snip}

But Nora Kern, an assistant professor who helped to organize the event, thought Bhattacharya’s questions were a bit too pointed. Immediately following the panel, she filed a “professionalism concern card”—a kind of record of a student’s violations of university policy.

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According to Bhattacharya’s lawsuit, the concern card generated interest from an assistant dean in the medical school, who emailed him and offered to meet. The assistant dean assured him that “I simply want to help you understand and be able to cope with unintended consequences of conversations.”

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Meanwhile, the Academic Standards and Achievement Committee met to to discuss the concern card. This committee voted to send Bhattacharya a written reminder to “show mutual respect” to faculty members and “express yourself appropriately.” The committee also suggested that he get counseling.

On November 26, this suggestion became a mandate: The student was informed that he must be evaluated by psychological services before returning to classes. Bhattacharya repeatedly asked university officials to clarify what exactly he was accused of, under whose authority his counseling had been mandated, and why his enrollment status was suddenly in doubt, according to the lawsuit. These queries only appear to have made UVA officials more determined to punish him: Bhattacharya’s mounting frustration with these baseless accusations of unspecified wrongdoings was essentially treated as evidence that he was guilty. At his hearing, he was accused of being “extremely defensive” and ordered to change his “aggressive, threatening behavior.”

He was ultimately suspended for “aggressive and inappropriate interactions in multiple situations.” On December 30, UVA police ordered him to leave campus.

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His lawsuit contends that UVA violated his First Amendment rights by retaliating against him for speaking his mind. UVA filed a motion to dismiss the case, but a district court judge ruled that the suit could proceed.

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