Considered by who? There's companies which pay you money if you can find bug in their software. And that's open offer, they don't say 'wait, we'll get ready at 8 p.m. friday and then you can check'. What do you think would Google do, if this student used scanner(or something else) on gmail and found bug and then told Google about it?
I still think that intention is key difference here. And as you said 'that person who performs it is in _very_ difficult position explaining her intentions'. That's why you shouldn't do any unauthorized checks, because even if you wanted to tell about your findings to the relevant authorities, you can be caught before that and then you'r screwed. But Mr. Al-Khabaz informed university/company and was initiator of that talk, so it kinda clears him. He was able reasonable explain his intentions and his punishment could be just some warning(of course if there's no any significant moments we don't know about). Also he didn't get any credit for help he did by finding the bug.