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Tribune News Service
Tribune News Service
National
Rachel Chazin

UND officials: Racially charged Snapchat photos are 'free speech'

MINNEAPOLIS _ University of North Dakota officials announced late Wednesday that they concluded an investigation into two racially charged Snapchat photos, and have decided not to punish the students involved.

"After a full review of the information, the Code of Student Life, and the laws pertaining to each incident, and after consulting with General Council, (the Office of Student Rights and Responsibilities) has concluded that neither incident constitutes a violation of the UND Code of Student Life," the school wrote in a statement. The outcome was "driven by the Constitutional protection of free speech," but officials wouldn't disclose details of their findings.

This investigation's conclusion differs from similar recent cases at other universities. Last month, a Kansas State student was expelled for a Snapchat picture of her and a friend wearing black clay masks with a racially offensive caption. A student from Belmont University in Nashville was also dismissed after a Snapchat with a violent threat toward black NFL players who had protested during the national anthem.

The two UND Snapchat incidents occurred within days of each other in late September. The first involved three different students who allegedly locked a black student out of a dorm and took a picture on her phone with the caption, "locked the black b---- out." And the second showed four students posing in blackface with the caption "Black lives matter."

"As part of the conversation with student leaders, we talked about the concept of Zero Tolerance," UND President Mark Kennedy said in a statement released following the investigation. "While I appreciate the desire for such a policy, it is unachievable under the First Amendment to the U.S. Constitution."

Kennedy said he was aware that students and other members of the community were hurt by the incidents, and that he personally was "appalled" by the photos.

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