An Ohio University student is suing the university, Ryan Lombardi, OU Vice President for Student Affairs, and Dianne Bouvier, interim executive director of the Office of Institutional Equity in federal court on the grounds that he was wrongfully suspended following a stream of texts allegedly harassing a female student.
An Ohio University student has sued the university, Ryan Lombardi, OU Vice President for Student Affairs, and Dianne Bouvier, interim executive director of the Office of Institutional Equity, in federal court on the grounds that he was wrongfully suspended for a semester following a stream of texts allegedly harassing a female student.
Michael Marshall, who filed the suit Wednesday, met the female student in 2013 when he transferred to OU's Honors Tutorial College, according to court documents.
During the fall of 2014, the two would meet for studying and work-related discussions — up until Marshall began to "attempt to convince" the female student to enter a potential romantic relationship, according to court documents.
On Oct. 3, Marshall texted the female student saying: "I don't know now what you think or feel. What I do know is that you are fabulously attractive and fabulously intelligent in that I know I can tell you all this and that nothing will change between us..."
The female responded that she "liked him a lot, but in a platonic way."
Between Oct. 12 and late November, Marshall would continue to text the female in an attempt to convince her to be romantically involved with him, though they maintained a "friendly and cordial" relationship in class, according to court documents.
On Nov. 18, OU's Office for Institutional Equity was notified of a complaint against Marshall, and the female alleged that her academic environment had been disrupted, though she didn't feel unsafe. On Dec. 12, Marshall was notified that the office would be continuing with an investigation into the allegations. He was then suspended for a semester.
Marshall's attorneys are now saying that OU's sexual misconduct policy violates free speech, according to court documents, and that his constitutional rights have been violated.
Court documents read that "the gender of the alleged victim was the motivating factor in the decision to impose harsh discipline upon Marshall," and that "particular circumstances suggest that gender bias was a motivating factor ..." Attorneys additionally described a general atmosphere at OU "where those who lodge a complaint of sexual assault are immediately treated as 'survivors.'"
According to court documents, that atmosphere is a result of a Title IX "crackdown" on the university's part to investigate alleged perpetrators, who are "effectively presumed guilty."
@eockerman
eo300813@ohio.edu
