June 19, 2026 Arbitration Report
SJSU Statement: Dr. S. Kil Arbitration Decision & Lawsuit
June 30, 2026
The University has consistently maintained that no employee has been or would be subject to disciplinary action for lawfully exercising their First Amendment Rights, including protected speech or expression. We also take seriously our responsibility to maintain a safe campus environment for all.
The arbitrator made no finding that Dr. Kil was disciplined because of their viewpoints or protected speech. Rather, the arbitrator found that discipline was warranted based on their actions, which were substantiated as unprofessional conduct, and reduced only the level of discipline imposed.
Specifically, the arbitrator found that Dr. Kil engaged in unprofessional misconduct for, among other things, participating in efforts to intentionally disrupt a colleague’s classroom lecture and taking actions that clearly violated the University’s time, place, and manner policy. The report noted the “unprofessionalism of such conduct cannot reasonably be disputed.”
Additional details can be found in the arbitrator’s report [pdf].
The University is aware of the lawsuit recently filed by Dr. Kil. The University strongly disputes the allegations and will respond and defend itself through the judicial process.
