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 flyers and collected them. (PSOF ¶ 36; DSOF ¶¶ 10, 11). He also sent a picture of the flyer to Dr. Donadio who, in turn, sent it to Ms. Sciolis. (PSOF ¶ 39). Dr. Donadio reported the incident to the University Police Department, and a police report was written that same day, listing the “incident type” as “harassment.” (Doc. No. 72-2 at 183).

The next afternoon at around 1:20, Mr. Smith posted a flyer in the Roaden University Center (“RUC”). (PSOF ¶ 37). Two days later, on February 8, 2021, the flyer was seen by Reece Arnold, a student, and reported to campus police, who then removed it. ( ¶ 41).

The record suggests that the flyer was not seen by many others and there is nothing to suggest that classes at TTU were canceled or rescheduled as a result of the flyer. ( ¶¶ 44–45). Nevertheless, and even though he would later tell the media that he was an elected official and could “take the heat,” Dr. Donadio filed a formal complaint on February 9, 2021 with TTU’s Office of Human Resources against Dr. Gruber and Mr. Smith. (Doc. No. 62-14 at 2; PSOF ¶ 56). Both were notified of Dr. Donadio’s complaint on February 24, 2021. (PSOF ¶ 48).

An investigation was conducted by Greg Holt, Compliance Officer and Interim Associate Vice President of Human Resources. (Doc. No. 80-8 at 2). His investigation lasted until April 14, 2021. .

On April 25, 2021, Dr. Donadio and Ms. Sciolis gave an interview on the Fox Television News show Fox & Friends, where they discussed the flyer, the university’s disciplinary process, and the political tensions surrounding TPUSA’s presence on campus. ( ¶ 51). Plaintiffs claim that, after the interview, they were placed on TPUSA’s Professor Watchlist. ( ¶ 59). They also claim that they received a number of “hate mail” messages in both their emails and voicemail, and some such messages were sent directly to the University via its “Contact Us” form. ( ¶¶ 59, 60).