Meriwether v. Hartop

Facts

Nicholas Meriwether served as a philosophy professor at Shawnee State University for twenty-five years with an exemplary record. As a devout Christian, he believes God created humans as either male or female, that sex is fixed from conception, and cannot be changed regardless of feelings or desires. In 2016, the university announced a policy requiring professors to use students’ preferred pronouns reflecting their self-asserted gender identity, regardless of professors’ personal or religious convictions. When Meriwether sought clarification, officials confirmed the policy applied without exception and pointed to the university’s nondiscrimination policy prohibiting discrimination based on gender identity. Department Chair Jennifer Pauley responded to his concerns with hostility, stating Christians are “primarily motivated out of fear” and should be “banned from teaching courses regarding that religion,” and that religion’s “presence in higher education is counterproductive.” In January 2018, during a Political Philosophy class using the Socratic method, Meriwether addressed a student he perceived as male by saying “Yes, sir.” After class, the student (Doe) demanded Meriwether use feminine titles and pronouns, becoming hostile and threatening Meriwether’s termination. Meriwether proposed a compromise: referring to Doe by last name only while using pronouns for other students. Dean Milliken initially accepted this accommodation, but later reversed course after Doe complained again, demanding Meriwether use female pronouns or face discipline. The university rejected Meriwether’s request to include a syllabus disclaimer explaining his religious beliefs. Throughout the semester, Doe participated actively and received a high grade. The university conducted a Title IX investigation interviewing only four witnesses, none of whom (except Meriwether and Doe) testified about interactions between them. The investigation concluded Meriwether created a hostile environment, and the university placed a written warning in his file threatening suspension or termination for future violations. During grievance proceedings, Provost Jeffrey Bauer openly laughed when the union representative explained Meriwether’s religious beliefs, refused to discuss academic freedom or religious discrimination aspects, and compared Meriwether’s convictions to racism and sexism.