Appeals court rules against UNM student

Suit filed after professor sought changes to essay on lesbianism

The U.S. Circuit Court of Appeals in Denver has agreed with an Albuquerque judge to dismiss the case brought by a former University of New Mexico student who claimed her professor retaliated against her after she criticized lesbianism in an essay.

Monica Pompeo filed her suit in 2012, claiming women’s film professor Caroline Hinkley and superiors violated her free speech rights when they pressured her to change her essay because they were personally offended by her critique of lesbianism and later kicked her out of class, calling her language in the essay “hate speech.”

The school, though, claimed the teachers were just doing their jobs in coaching students to academically support their statements in essays, and

were thus exempt from a lawsuit. The school also said the teachers did not expel her and instead worked to accommodate her.

At first, it seemed the lawsuit had some merit when U.S. District Judge M. Christina Armijo allowed it to move forward in 2014.

But Armijo reversed course in 2015, dismissing the case with a directed verdict in favor of the school.

Armijo wrote that the further investigation into the case showed Pompeo’s professors offered her numerous opportunities to rewrite her essay to adhere to academic standards or to take alternative academic routes to achieve her class grade.

For example, the ruling shows that the professor and her supervisors provided guidance on rewriting the essay, including a suggestion that Pompeo change the word “barren” in her paper to “childless” as Pompeo described the “wombs” of the lesbians in the film. One school official told Pompeo that “childless” had a less derogatory tone, to which Pompeo replied, “And I will probably use the word ‘BARREN’ it is my choice; I don’t like to be told what words I may and may not use, ever.”

Pompeo and her attorney, Bob Gorence, appealed Armijo’s decision.

Appeals judges late last month ruled that Armijo was right in dismissing the case.

“Pompeo claims a right to use language in a course assignment that her professors found to be inflammatory without being criticized or pressured to make revisions. Because we conclude that such a right is not clearly established, the district court’s grant of summary judgment in favor of defendants is affirmed,” Judge Carlos Lucero wrote in his opinion. The news was well received by UNM. “We at UNM are concerned for the rights of our students and faculty and have an obligation to avoid any perception of interference with pending litigation. We are cautious in responding to inquiries when a dispute goes to court. But on behalf of the faculty involved in this case, we are pleased that the 10th Circuit’s opinion provides a more complete perspective on the facts and affirms there was insufficient evidence that the student’s free speech rights were violated,” school spokeswoman Dianne Anderson said in an email statement.

Gorence was unavailable for comment.