A Dundee law student is planning an appeal against a sheriff’s dismissal of her discrimination action against Abertay University.
Lisa Keogh instructed lawyers to take the university to court after she was probed over complaints remarks she made during a discussion on transgender issues were offensive.
Ms Keogh was investigated by university bosses for saying “women have vaginas” during an academic discussion.
Ms Keogh’s legal team went to Dundee Sheriff Court to argue the move breached her human rights and the Equality Act 2010.
Last week, a sheriff dismissed the 30-year-old’s legal action, saying it had no chance of success.
Appeal pledge
“Disappointed” Ms Keogh told The Courier: “Moving forwards, we’re going to appeal it.
“I’ve got a meeting with my legal team next week to appeal.
“It’ll probably be early next year.
“I stand by all my statements.”
Ms Keogh said the stress of the legal proceedings has affected her home life and studies.
She later tweeted: “I want to thank everyone for the tremendous support you have given me so far both moral and financial.
“I hope you will continue to support me moving forward.”
UPDATE
We are very disappointed with this result and I am currently considering an appeal. I will be meeting with my legal team next week to discuss moving forward.
— Lisa Keogh (@keogh1992x) December 17, 2022
Ms Keogh’s legal action followed a two-month probe carried out by the university into the mother-of-two while she sat her final exams for a law degree.
The university had received a complaint Ms Keogh’s comment was “hurtful” and she was “hostile and aggressive and made comments which were variously hateful, discriminatory, sexist, racist and transphobic.”
The university concluded there was no evidence she had done anything wrong.
However, Ms Keogh launched the legal action claiming Abertay discriminated against her on the basis she had “gender critical” views about feminism – meaning she believes people cannot change sex.
The sheriff’s judgement
In a written judgment issued by Sheriff Gregor Murray, Ms Keogh’s action was dismissed because it would not be able to pass legal tests needed for success.
Sheriff Murray wrote: “The defender (Abertay) was entitled to take steps to investigate complaints.
“It could not be guilty of discrimination simply because it did so.
“Following investigation in this case, the complaint against the pursuer was not upheld.
“She did not plead that the defender behaved dishonestly or unreasonably by following its complaints process.”
Sheriff Murray said another hearing will take place in the near future to deal with legal costs.
A spokesperson for Abertay University said “We note the court’s decision in this matter.”
