TROY — A nonprofit group that advocates for free speech on college campuses is threatening to lodge a formal complaint with Rensselaer Polytechnic Institute's accrediting association unless the private Troy college stops its "repeated and deliberate efforts" to quash student criticism.

In a letter dated Monday, the Foundation for Individual Rights in Education (FIRE) addressed the unrest that's spread across campus since the administration's decision to pursue judicial action against two students who participated in a peaceful protest Oct. 13 outside of a black-tie fundraiser on campus.

Hundreds of students gathered outside the alumni and donor event to protest what they view as a de facto takeover of the 127-year-old student-run student union. During the protest, students breached a fence that had been erected just prior to the fundraiser in order to demonstrate closer to the event.

According to the administration, the students moved a barrier and entered a restricted area of campus. According to students, they walked through an open area of fencing on a campus they pay to attend.

Regardless, students Michael Gardner and Bryan Johns were informed they had been identified in photographs, videos and news reports as having led the protest, and were sent letters informing them their actions — which included trespassing, violation of a policy, and failure to comply — were grounds for disciplinary action.

Other students were sent letters informing them they had been identified at the demonstration, and must schedule a meeting soon with the assistant dean of students to discuss the matter. "This is not a judicial matter," they were assured, according to a copy of one letter obtained by the Times Union.

Even before these actions, the administration's removal of "Save the Union" flyers from campus and repeated denials of student requests to demonstrate earned RPI a "red light" rating from FIRE, which contends its policies "clearly and substantially" restrict freedom of speech.

"We write today because RPI's disrespect for student rights has hit a shocking new low," said Adam Steinbaugh, a senior program officer for FIRE, in the letter sent this week.

"At every opportunity, RPI has demonstrated that it will use its vague policies as a vehicle to suppress students' criticism in advance of visits by prospective students or donors," he wrote. "When students have sought to hold demonstrations, RPI has claimed a lack of resources to enable such demonstrations — resources RPI was able to summon when students proceeded with their demonstrations."

RPI Vice President for Strategic Communications and External Relations Richie Hunter on Wednesday said it would be "inappropriate to comment" on any individual student's situation related to the Oct. 13 protest, which he stated was unauthorized and involved students breaching security barriers.

Students, however, said they were not informed that the fencing was intended for security purposes or to block off a restricted area. In addition, they said, Troy police and RPI public safety officers who were working the demonstration did not inform students they had trespassed or violated policy.

"I feel like my freedom of speech is not welcome here," said Gardner, one of the two students facing disciplinary action.

Gardner, a graduate student from Ohio who also completed his undergrad degree at RPI, said students have approached him to thank him for speaking out since word got out he is facing disciplinary action.

"They really believe I'm fighting something worthwhile because, as they told me, they're constantly worried about repercussions any time they speak out critically of the administration," he said. "I feel like they're just facilitating this continuous culture of fear we have here."

Johns, the other student who was charged, said the judicial proceedings have put a strain on an already-busy class schedule.

"It's also unjust for the RPI administration to single out two students," he said. "By deciding to target just the two of us, the RPI administration continues to spread a culture of fear."

The administration's actions have also prompted condemnation from Grand Marshal Justin Etzine, who represents the student body in the highest-elected student leadership position on campus.

While RPI is a private institution and therefore not bound to uphold the First Amendment, it explicitly states in the Student Handbook that it will not "impede or obstruct students in the exercise of their fundamental rights as citizens."

In order to maintain its accreditation with the Middle States Commission on Higher Education, it has to uphold this promise, according to FIRE. If it does not respond to FIRE's letter by Nov. 21, Steinbaugh said, the group will lodge a formal complaint with RPI's accreditor.