An Ohio University student who had sued the university and other officials on the grounds that he was wrongfully suspended for a semester following a stream of texts allegedly harassing a female student will be unable to attend classes at OU while the litigation is pending.
An Ohio University student who had sued the university, Ryan Lombardi, OU vice president for Student Affairs, and Dianne Bouvier, interim executive director of the Office of Institutional Equity, was denied a request for temporary reinstatement in federal court, meaning he will be unable to attend classes at OU while the litigation is pending.
Michael Marshall, a sophomore in OU’s Honors Tutorial College, sued OU in federal court earlier this month on the grounds that he was wrongfully suspended for a semester following a stream of texts allegedly harassing a female student, according to a previous Post report.
To be granted the temporary restraining order and to be able to return to classes at OU, Marshall’s attorneys had to prove to the court there was a substantial likelihood he would win his lawsuit. The court eventually determined the temporary restraining order was unwarranted.
“Issuing a temporary restraining order in this case, and in others similar to it, would likely interfere with OU’s ability to enforce its disciplinary standards,” the court documents, signed by Judge George Smith, said. “Absent facts or evidence evincing (indicating) a substantial likelihood of success on the merits, the court is reluctant to interfere with OU’s disciplinary processes, which are specifically designed to ‘provide an environment that facilitates learning.’”
Smith noted Marshall’s suspension from OU could cause irreparable harm, though the harm to the female student that would result if Marshall were to be granted the temporary restraining order would be more substantial.
“(The female student) can rightfully expect to pursue her education in an environment free from the harassing behavior of a fellow student,” Smith wrote.
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Marshall's attorneys are to have said that OU's sexual misconduct policy violates free speech, according to court documents, and his constitutional rights were violated as a result.
Court documents read "the gender of the alleged victim was the motivating factor in the decision to impose harsh discipline upon Marshall," and "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."
During the fall of 2014, Marshall was meeting with a female student for studying and work-related discussions, until he began to “attempt to convince” the female student to enter a romantic relationship. The female student repeatedly denied his advances.
She eventually said, “I’m going to tell you honestly that you need to leave me alone, let it be, it’s not going to happen,” according to court documents.
In a text to the female student in late November, following a party she and Marshall both attended, he said, “use that perfect ass so no one else has to.”
On Nov. 18, OU's Office for Institutional Equity was notified of a complaint against Marshall, and the female alleged her academic environment had been disrupted, though she didn't feel unsafe. On Dec. 12, Marshall was notified the office would be continuing with an investigation into the allegations. He was then suspended for a semester.
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