Some officials at the University of Missouri believe that a physically larger man asking a smaller woman out on a date could violate the school’s Title IX policies, according to part of a motion for summary judgment released by a doctoral student in his case against the school.
In the December 24th document, Andy Hayes, the assistant vice chancellor of civil rights and Title IX at the school, agreed with her predecessor, Cathy Scroggs, that a larger student simply asking a smaller student out on a date could violate Title IX.
According to the court documents, Scroggs argued that "asking someone out on a date who is physically smaller" qualifies as having power over them.
Hayes agreed with Scroggs arguing that "a man's physical size is sufficient" to put him in a position of authority, according to the school’s policies.
The case involved black doctoral candidate Jeremy Rowles who asked out a white fitness trainer Annalise Breaux in 2016. He was suspended for four years after the school investigated his interactions with her.
Breaux initially replied to the date request by saying she was busy but indicated she could possibly go out with him later. She subsequently asked him to “stop making romantic advances toward her,” after he repeatedly messaged her. She did encourage him to continue attending her dance classes which he did after apologizing for the messages.
Breaux also suggested Rowles attend private dance lessons but said she didn’t teach privately and avoided him.
Rowles ended up giving her a three-page letter “apologizing for being awkward around her, expressing sincere feelings for her, and asking [her] what if anything she wanted from Plaintiff,” according to his lawsuit.
The letter made her uncomfortable and Rowles's alleged, persistent behavior could potentially meet the school's definition of sexual harassment regardless of his "physical size."
Let's look at the rule the student was said to have violated:
— Andrew Fleischman (@ASFleischman) December 28, 2018
Is this girl reasonably in fear for her safety? Well, she's running to the bathroom to avoid this guy and he keeps showing up.
Is it a pervasive pattern? It lasted six months after she tried many times to stop it. /8 pic.twitter.com/VbE2nNBMk1
According to the university, he consistently tried to clasp her hand during class or demand high fives, and he also creeped out other instructors. pic.twitter.com/fzVESayrBa
— Andrew Fleischman (@ASFleischman) December 28, 2018
He sued the school in July after only succeeding in getting his suspension shortened to two years. He argued that his punishment in the incident was racially motivated.
"It's really just someone asking out someone else out on a date that made that person uncomfortable, I think it really undermines the Title IX offices purpose in cases of actual sexual assault," Rowles attorney, Andy Hirth told ABC 17 News Thursday.
Rowles' attorney pointed out that his client had been suspended "four times longer than a white student who committed sexual assault."
Editor's note: This post has been updated to include more details about the case.
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