The University of Hawai'i yesterday agreed to lift its limitation on a professor that prohibited him from talking to students and faculty about complaints and an investigation against him.

The university entered the agreement provided that current and former students, faculty and staff know that they have a right not to say anything to Michael D'Andrea, UH attorney Gregory Sato said.

The agreement was reached after a recess during a late afternoon hearing yesterday before U.S. District Judge Helen Gillmor on D'Andrea's request to lift what he called an infringement of his constitutional rights.

D'Andrea, a professor with the Department of Counselor Education who is represented by the American Civil Liberties Union of Hawai'i, hailed the agreement as a victory.

"We're grateful that the university has come to its senses," he said.

The university is moving to fire D'Andrea, but the termination has yet to go into mandated arbitration.

D'Andrea was ordered on March 2 to work from his home while the university investigated what it said was his "alleged intimidating, hostile and bullying behavior."

During yesterday's hearing, Sato argued that the university feared D'Andrea might engage in "bullying" when talking to students, staff and faculty. But D'Andrea's lawyer, Eric Seitz, argued that the prohibition against D'Andrea was an unconstitutional, overly broad "prior restraint" on his rights of free speech.

Sato later declined to comment.

Reach Ken Kobayashi at kkobayashi@honoluluadvertiser.com.