A former University of Missouri student accused of harassing a woman and ultimately suspended from classes for two years, ending his academic career, wants a new hearing in an attempt to clear his name.
An oral hearing before the U.S. 8th Circuit Court of Appeals in the case of Jeremy Rowles was held Tuesday, with the panel hearing arguments he was subjected to overly harsh punishment, including because he is black.
His attorney argued before the court the punishment meted out to Rowles contrasts starkly with the treatment of two white students, one sent for counselling after being found guilty of similar rules violations, the other suspended for six months for harassment and non-consensual sex. If the panel rules in the appellant's favor against the university and four named defendants, the case will be sent back to trial court.
The case has its roots in a Title IX complaint in 2016 by the woman, aa dance instructor identified as A.B in court documents. Tiitle IX is the amendment to federal law that prohibits discrimination on the basis of gender in educational institutions.
In this case, unlike other Title IX complaints, there was no allegation of physical sexual assault or misconduct. His suspension turned largely on Rowles' attempts to date the woman, including writing a three page letter which she described as "bizarre" and which made her uncomfortable.
Rowles, then studying for a doctorate in cultural anthropology, was suspended for four years in early 2017 following an investigation by the university. Along with the claim of harsh punishment, the former student also argued that his actions were protected by free speech.
The suspension was later reduced to two, but it made no difference as it ended his academic career at Mizzou, Rowles' attorney Adam Hirth told the St. Louis Record.
"It is important for our client, his future, (this) ended his academic career and he needs to receive justice through the court system," Hirth said following Tuesday's hearing conducting virtually before a three judge panel.
Hirth added: "This case is particularly important because there are no allegations of assault or misconduct
"Usually there are issues around questions of consent, but this was essentially an attempt at romance that did not work and made the recipient uncomfortable
"She complained about it and the response was to shut the guy out...pretty harsh punishment." He said the different treatment of his client and the two white students was "shocking."
U.S. District Court Judge Curtis Wimes, in a April 2019 decision, wrote that the employees were protected by qualified immunity, and that they had not only suspended Rowles based on the content of his letters.
"Even with all reasonable inferences drawn in Rowles' favor, the record establishes that Rowles was punished for his conduct which was found to be unwelcome and hostile and not for engaging in protected speech," Wimes wrote.
In a statement, The university has full confidence in its Title IX process and is committed to maintaining a safe and welcoming environment on campus. We agreed with the lower court ruling," said Christian Basi, Director Media Relations MU/UM System
Wirth said: "This is important more widely because there is tension between protecting people from sexual assault, sexual misconduct, as weighed against the due process
"The justice system tries to balance this, and universities are not really in the business of doing this."
According to the undisputed facts, Rowles first saw the woman in 2015 in a coffee shop where she worked. He enrolled in her dance fitness class and began sending messages via social media then asked for a date, to which she declined.
He stopped sending messages until late 2016 when he again enrolled in her class. When she declined to teach him private lessons, he wrote a note, the lyrics of a song and then the letter.
She complained to the university, and the years-long suspension followed. He had no contact with her after she made the complaint, Wirth, his attorney, said.