Mel Curth, an OU graduate instructor who was released by the university from instructional duties after failing a Bible-based essay in an online psychology class, submitted an appeal to the Institutional Equity Office Tuesday, according to her attorney.
Brittany Stewart, a self-employed civil rights attorney, wrote in a Bluesky statement Tuesday morning, that Curth submitted an appeal against the university's decision that she engaged in arbitrary grading and religious discrimination.
"Ms. Curth fully denies that she engaged in any discriminatory behavior," Stewart wrote. "It is her position that the investigation was flawed, failed to consider all possible motives and issues, and that new evidence has come to light that undermines the investigation's conclusion."
According to Stewart, Curth was held to confidentiality rules throughout OU's investigation which preventing her from commenting despite the university and student who filed the academic appeal, Samantha Fulnecky, issuing multiple statements and holding interviews throughout that time.
"Rather than engaging in discrimination, Mel Curth has been the target of a political movement that seeks to silence and/or oust LGBTQ people from academia," Stewart wrote. "Ms. Curth will continue to fight back against these harmful allegations."
On Dec. 22, shortly after OU announced the conclusion of its Stewart wrote in a statement on Bluesky that Curth denied the university’s claims.
“My client, Mel Curth, received notification from the University of Oklahoma that an investigation determined that she engaged in arbitrary grading of a student's paper,” Stewart wrote. “Ms. Curth continues to deny that she engaged in any arbitrary behavior regarding the student's work, and is considering all of her legal remedies, including appealing this decision by the University.”
Stewart’s post came after OU announced on Dec. 22 that following an investigation, it was determined Curth engaged in arbitrary grading and would no longer have instructional duties at OU.
“Based on an examination of the graduate teaching assistant’s prior grading standards and patterns, as well as the graduate teaching assistant’s own statements related to this matter, it was determined that the graduate teaching assistant was arbitrary in the grading of this specific paper,” the statement reads. “The graduate teaching assistant will no longer have instructional duties at the University.”
According to the statement, the university concluded its investigation of religious discrimination after Provost André-Denis Wright and Dodge Family College of Arts and Sciences Dean Michael Markham reviewed the graduate assistant’s grading patterns.
OU recently made national headlines after psychology junior Samantha Fulnecky publicly claimed religious discrimination after she received a failing grade from Curth for a Bible-based essay in a psychology course. Curth was placed on administrative leave Nov. 30, according to a previous statement released by the university.
The university’s handling of the situation and ultimate decision received wide scrutiny and criticism.
In a statement sent to the Daily Dec. 22, the Graduate Student Senate wrote it found the university decision has done irreparable damage to the academic integrity and reputation of OU.
"We call on President Harroz and all University administration officials involved in this decision to reinstate the graduate instructor. We also call on the Faculty Senate and University donors to stand with OU’s graduate students in demanding this action," the statement reads. "Donors are invited to withhold their donations until such a time that the graduate student is reinstated."
According to the statement, the Graduate Student Senate will be proposing a more formal resolution when its spring 2026 session begins.
On Dec. 17, the American Association of University Professors began circulating a national petition calling on OU administration to reaffirm a community to academic freedom and protect faculty and staff under political attacks.
Background
Fulnecky contested a grade on an essay assignment in an OU psychology course, stating she believed she received the grade because of her religious beliefs. Fulnecky reportedly received zero out of 25 points for the assignment. Fulnecky also filed a formal claim of illegal discrimination based on religious beliefs.
In the essay, which was published by The Oklahoman, Fulnecky cites the Bible to argue traditional gender roles should not be considered stereotypes. She wrote eliminating gender would put people “farther from God’s original plan for humans.”
Curth stated the grade was based on the essay’s lack of empirical evidence and said parts of the essay were offensive, according to reporting by The Oklahoman.
Fulnecky reportedly asked Curth to reconsider the grade, stating she met the requirements of the essay, but Curth denied the request.
The other instructor for the course, according to Canvas comments published by The Oklahoman, wrote that they concurred with Curth’s grading and the paper should not be considered as a completion of the assignment.
“Your paper directly and harshly criticizes your peers and their opinions, which are just as valuable as yours. Disagreeing with others is fine, but there is a respectful way to go about it. That goes for discussion posts as well as reaction papers,” the other instructor wrote. “Please employ more thoughtfulness in your future assignments.”
On Dec. 5, around 250 protesters gathered on campus in support of Curth. Protesters also called on OU to protect its professors under political attacks.
OU confirmed a second graduate instructor, Kelli Alvarez, who was not affiliated with Fulnecky’s class, was removed after telling students she would excuse any absence for attending the Dec. 5 protest to support Curth but would not excuse absences for counter protesters.
Fulnecky’s appeal has drawn state and national attention. Oklahoma Gov. Kevin Stitt posted on the social platform X on Nov. 30 that the situation was “deeply concerning” and called on the OU Board of Regents to review the results of the investigation. Florida Gov. Ron DeSantis referred to the situation as an example of “intellectual rot in higher education” in a post on X.
