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YEASIN v. UNIVERSITY OF KANSAS
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Court of Appeals of Kansas.
Navid YEASIN, Appellee, v. UNIVERSITY OF KANSAS, Appellant.
No. 113,098.
Decided: September 25, 2015
Before GREEN, P.J., HILL, J., and TIMOTHY G. LAHEY, District JUDGE, assigned. Sara L. Trower, associate general counsel and
special assistant attorney general, for appellant. Terence E. Leibold, of Pete sh, Immel, Heeb & Hird, LLP, of Lawrence, for appellee.
Stephen Douglas Bonney, for amicus curiae ACLU Foundation of Kansas. Don Saxton, for amici curiae Student Press Law Center
and Foundation for Individual Rights in Education. Maureen A. Redeker and Peter J. Paukstelis, for amicus curiae Kansas State
University.
During the summer break of 2013, Navid Yeasin engaged in reprehensible, demeaning, and criminal behavior with W., who is also a
University of Kansas student. In addition, Yeasin posted a series of puerile and sexually harassing tweets on his account. None of
this conduct occurred on campus or at a University sponsored or supervised event. The Student Code, the rules by which the
University can impose discipline upon its students, deals only with conduct on campus or at University sponsored or supervised
events. We therefore hold that the University had no authority to expel Yeasin. We a rm the district court's similar ruling and
dissolve the stay order issued in this case.
The dating relationship of two students deteriorates.
Yeasin and W. met during the fall semester of 2012 when both students were enrolled in the same geology class at the University
of Kansas. They dated off and on from November 2012 through May 2013. Their relationship was turbulent.
In late June 2013, Yeasin drove W. to see her therapist. While she was at her therapy session, Yeasin stayed in the car and read
text and Facebook messages on W.'s phone. When W. returned, Yeasin angrily confronted W. about some messages she had sent
to another man. The argument continued as they drove around Olathe. W. told Yeasin she did not want to spend the day with him
and to take her back to her car. Yeasin became angry again but agreed.
Once at W.'s car, Yeasin took W.'s phone, locked the car doors, and then drove away with W. Yeasin told W. that he was going to
make her pay for what she had done. W. repeatedly asked Yeasin to let her out of the car, and he refused. Yeasin also refused to
return W .'s phone and physically prevented her from taking her phone back. When W. told Yeasin that she was scared and to take
her home, Yeasin responded, “ ‘[N]o, not until you pay the consequences for what you've done and make sure you'll never do this
again.’
“ Sometime
between
p.m.latest
and 6 p.m.,
Yeasin
took W. back to the parking lot where her car was parked. W. left when a
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friend picked her up in the parking lot around 10 p.m. Yeasin called W. around 1 a .m. threatening her, and at one point told her he
“would make it so that [W.] wouldn't be welcome at any of the universities in Kansas.”
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W.
reportedthisthis
confrontation
to the police.
The State
charged Yeasinndlaw-terms-of-service.html).
with criminal restraint,
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property.
Yeasin subsequently entered into a diversion agreement with the State on the criminal charges in August 2013. In a
companion
case,
Johnson
County
District
Court
issued a nal order of and
protection
from abuse directing Yeasin to have no
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