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Student denied reinstatement to Ohio University after being suspended for violating OU's sexual misconduct policy

The student, Michael Marshall, alleged that Ohio University discriminated against him based on gender and violated his freedom of speech rights.

A federal court dismissed a male student’s claim for reinstatement into Ohio University after he was suspended in January for violating the university's sexual misconduct policy.

In his claim to the university, former OU Honors Tutorial College student Michael Marshall also sought monetary damages and a restraining order against the female student who filed the complaint against him, according to court documents. All claims were dismissed by the federal court.

Marshall was suspended from the university Jan. 29 after a fellow student filed a formal complaint with OU’s Office for Institutional Equity, according to a previous Post report. According to court documents, the female student who filed the complaint alleged that though she didn’t feel unsafe, Marshall’s repeated sexual text messages disrupted her learning environment.

The two students shared several small classes and were friendly, according to court documents, which included several text messages between the two.

In one text, the female student wrote, "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 the documents, Marshall responded, "I know." He then added, "however, since I'm still drunk enough to make a fool out of myself, let me propose to you that if you ever need a friends with benefits, or anything of that sort I am available and I will still be totally willing to leave you alone."

In a later exchange included in the court documents, Marshall texted the female student telling her to "use that perfect ass so no one else has to."

The female student replied, “Actually f--k you. I have serious problem. With you,” according to the documents.

Marshall did not dispute that he sent the text messages, according to court documents.

The female student also alleged that Marshall touched her shoulders at a party, but stopped when she indicated it made her uncomfortable, according to court documents.

Marshall first filed the case in March, when a federal court denied him temporary reinstatement into the university during the court proceedings, according to court documents.

The federal court also dismissed Marshall’s allegations that OU discriminated against him based on gender, citing he didn’t provide enough evidence of a pattern of gender discrimination against males, according to court documents.

The court found that Marshall's due process had not been violated and also denied Marshall’s request for a restraining order, according to court documents. The court believed the restraining order would cause harm to the female student who filed the initial complaint because it would prevent her from attending classes the two students shared.

Marshall’s initial terms of suspension indicate he must complete a research paper and a drug assessment before applying for readmittance, according to court documents, and Marshall has not attempted to apply for readmittance.

OU spokeswoman Katie Quaranta said the university does not have a comment on the ruling.

@baileygallion

bg272614@ohio.edu

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