Professor sues university over termination threat for not using student's preferred pronouns
A theater professor is suing Southern Utah University (SUU) after he was disciplined for not using a student's requested pronouns for her newly chosen identity.
Richard Bugg, who chairs the SUU theater department, filed the lawsuit on Aug. 31 along with a request for an injunction that would prohibit SUU from further retaliation, according to the document obtained by Campus Reform.
Bugg declined to comment to The Christian Post, but his suit filed on Sept. 9, 2021, states that a student in his class “demanded” he use “they/them” pronouns when addressing her. While Bugg declined the student’s request, the suit states that he offered to refrain from using pronouns and instead use the student’s chosen name.
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But after Bugg inadvertently used female pronouns roughly “two or three times” when referring to the student, she filed a complaint on Sept. 15, 2021, with the university’s Title IX office.
An investigation by SUU found that Bugg had violated the university's discrimination and sexual misconduct policy.
The university issued a series of sanctions against Bugg in May, including an order to provide Bugg with “education about current views and opinions of English language and grammar experts and resources that using Gender-Neutral pronouns when referring to an individual is now considered grammatically correct,” according to the suit.
Bugg was subsequently threatened with actions "up to and including termination" if he failed to use the preferred pronouns, according to the suit. In the event students stopped registering for his classes due to failure to use those pronouns, SUU “will open additional sections of those classes and professor Bugg’s pay will be reduced to offset the amounts SUU must pay for the additional sections," the suit added.
In the complaint — which names SUU President Mindy Benson, Assistant Vice President of Human Resources Kevin Price, Provost Jon Anderson, and other university officials as defendants — Bugg stated that upon his refusal to use the student’s requested pronouns, he was “expressing a legitimate political position on a matter of public concern and engaging in his First Amendment right against compelled expression.”
“Asking people to use plural pronouns to refer to individuals is one thing. Forcing them to do it is another and contrary to our rights of free speech,” the suit added.
Bugg did not respond Monday to a request for comment from The Christian Post.
In a statement, SUU Public Relations Director David Bishop said while “there is no SUU policy that specifically requires the use of gender pronouns,” an executive order issued by President Joe Biden prohibits “discrimination on the basis of sexual orientation or gender identity.”
Bishop added: “The university strives to create an environment where meaningful learning is fostered without discrimination or substantial disruption. Southern Utah University is committed to the principles of free speech guaranteed by the U.S. and Utah Constitutions as well as applicable statutory and regulatory law as written” in SUU university policy.
The legal battle echoes a number of similar battles being fought in American universities and other educational settings nationwide, including in Ohio, where a Christian professor, who said he was threatened with punishment by university officials for refusing to use the preferred pronouns of a trans-identified student, has secured the right to avoid using pronouns that conflict with his beliefs after years of litigation.
In April, Shawnee State University philosophy professor Nick Meriwether reached a settlement with school officials in which the university agreed to pay $400,000 in damages and attorneys’ fees, according to his legal team at the Alliance Defending Freedom.
The settlement came after an appellate court reversed a district court’s dismissal of Meriwether’s lawsuit against university officials.
