An appeals court in Kansas has ordered the University of Kansas to reinstate a student who was expelled for what the court says was “reprehensible, demeaning, and criminal behavior.”
The school expelled Navid Yeasin for posting sexually demeaning posts about a woman despite being repeatedly warned to stop. The school claims the posts violated the woman’s rights under Title IX. KU also says he violated both a Johnson County protection order and a school order banning him from contacting her.
The court, however, says, however, that KU can’t expel Yeasin because the behavior took place off campus and didn’t happen at any campus-related events, reports CJOnline.
The American Civil Liberties Union of Kansas; the Foundation for Individual Rights in Education and the Student Press Law Center all filed “friend of the court” briefs, claiming Yeasin’s Tweets were protected free speech. The court, however, did not rule on whether his social media posts were protected under the First Amendment.
Previously, the woman and the defendant had been in a turbulent relationship. At one point, Yeasin drove her around in a car with the doors locked, refusing to let the woman out despite her demanding to be released.
The problem, the court claims, was with KU’s student code, which “did not give the University authority to act when the misconduct occurred somewhere other than its campus or at University sponsored or supervised events,” reports LJWorld.