U., Axson-Flynn settle civil rights suit

After nearly five years of contentious litigation and divisive public debate, a former University of Utah theater student has settled her civil-rights lawsuit against the school.

At a joint news conference Wednesday, university officials and attorneys for Christina Axson-Flynn announced the planned implementation of a policy that will allow students an opportunity to request exemptions from specific curricular exercises they feel go against their "sincerely held religious beliefs."

Axson-Flynn sued the university and its faculty in the Actor Training Program in January 2000, alleging her rights to free speech and free exercise of religion were violated when she was not allowed to omit words she found offensive from an in-class exercise.

She alleged faculty members discriminated against her as a member of The Church of Jesus Christ of Latter-day Saints but allowed similar exemptions to students of other faiths.

U. general counsel John Morris praised the policy as a way to honor the university's "long-standing commitment to diversity within the university community."

The university did not admit any wrongdoing in reaching the settlement, and officials still maintain there was no violation of Axson-Flynn's rights.

"Had we gone to trial, I think we would have certainly been able to present our side of the story. That rarely occurred," theater department chairman David Dynak said. "We refute her claims and allegations, but nonetheless we understand that there were differences in perception in terms of what actually transpired. And those differences in perception led to high-stakes controversy and litigation."

Both Morris and Axson-Flynn attorney James McConkie called the settlement "constructive" and "forward looking."

"Our hope is that the settlement will form a beginning and a basis for great understanding of people of all religious persuasions," McConkie said. "We think that this is a great beginning."

For her part, Axson-Flynn praised the settlement as a move that has "changed the world, if even in a small way." It will allow students to pursue their education without compromising their beliefs, she said, and even paves the way for her young daughter to perhaps one day enroll in the U.'s nationally ranked program.

"I think the real light in this is to realize the change that has come to pass," Axson-Flynn said, saying the agreement meets all of the goals she set in the early days of the litigation.