Former student files $2.2 million lawsuit against university
A former student said he filed a $2.2 million lawsuit against Oakland University Friday morning because he believes his First and 14th Amendment rights have been violated and the “unconstitutional and discriminatory conduct was evil, motivated by evil intent and was oppressive and malicious.”
Joseph Corlett, a 57-year-old student, was banned from the university in February 2012 for writing in course assignments about his sexual attraction toward a female professor.
Corlett, who moved to Sarasota, Fla. from Lake Orion, said his lawyers filed the lawsuit in the U.S. District Court in Detroit. The entire OU Board of Trustees, University President Gary Russi and Mary Beth Snyder, vice president of student affairs, are all listed in the suit.
Corlett has enlisted the help of two attorneys — Alari Adams and Kyle Bristow — from the Foundation for Individual Rights in Education organization.
“We’re bringing this suit right now because Joe decided to further pursue this suit against the university because his civil rights were violated and he wants to ensure that this doesn’t happen to anyone else at Oakland,” Adams said.
Corlett was found guilty of violating University Regulation #6.02 — Unlawful Individual Activities — by the University Conduct Committee on Jan. 19, 2012 for an entry titled “Hot for Teacher” in a Daybook he had to keep for his Advanced Critical Writing course.
“The UCC board determined that Plaintiff Corlett’s Daybook entries rose to a level of ‘intimida(tion)’ towards a ‘person engaged in lawful activities on campus,'” the lawsuit states.
Corlett was suspended from Oakland for three semesters — Summer 2012, Fall 2012 and Winter 2013 — was deemed a persona non grata on campus during his suspension and was required to undergo counseling for sensitivity issues before returning to the university.
He submitted an appeal to his suspension to Snyder on Feb. 9, 2012. His appeal was denied by Snyder March 5, 2012, according to the document.
“The university’s interpretation and application of this policy has a chilling effect on Plaintiff Corlett’s right to freely and openly engage in discussions of his theories, ideas and beliefs,” the lawsuit states. “By enforcing this policy against his peaceful expression in a class assignment — labeling such expression an “unlawful activity” — OU and Defendants have violated rights guaranteed to Plaintiff Corlett and to all university students by the First and 14th Amendments to the Constitution of the United States of America. These rights are clearly established by governing legal authority and Defendants’ violations are knowing, intentional and without lawful justification.”
Corlett’s lawsuit claims the university’s definition of unlawful activities is too broad and violates the First Amendment. It also states it has caused him to endure humiliation and mental anguish.
“The overbreadth of Defendants’ policy and practice chills protected speech by discouraging students, like Plaintiff Corlett, from exercising their First and Fourteenth Amendment rights based on fear that they will be punished for engaging in expressive activity,” the lawsuit states.
He has demanded a trial by jury, which is “completely allowed,” according to attorney Cam Evans.
The university does not comment on pending litigation, according to Ted Montgomery, director of media relations.
The Oakland Post will continue to update this story as more information becomes available.