The University of Missouri has claimed that a male asking a female out on a date could be sexual harassment – if she is smaller than him.

Mizzou officials made the claim as doctoral student challenged them in a lawsuit surrounding his suspension in 2016 for the romantic proposal to his student dance instructor Annalise Breaux.

The college claimed that posing the question could violate Title IX, which serves to prohibit sexual discrimination on any federally funded education program, after Jeremy Rowles sued them for racial and sexual discrimination.

Jeremy Rowles asked dance instructor Annalise Breaux on a date in 2016 and was hit with allegations he had violated Title IX

The University of Missouri claimed that a male asking a female out on a date could be sexual harassment – if she is smaller than him

The university's claim was revealed in a motion for summary judgement filed on Sunday, after a judge approved his lawsuit in July agreeing that the black student had done nothing more than make his fellow student - a white woman feel 'uncomfortable'.

Rowles had his suspension time cut in half to two years when he claimed it was 'part of a larger pattern and practice' of racial discrimination. He was also banned from his gym and residence halls permanently.

The university was the setting of 2015 protests over workplace benefits and leadership related to race that led to the resignations of the president of the University of Missouri System and the chancellor of the flagship Columbia campus.

Rowles said that 'applying the same disciplinary standards differently to students of different races was unreasonable.'

Vice Chancellor of Student Affairs Cathy Scroggs, who left in 2017, had claimed asking someone on a date more than once was an 'unwanted sexual advance'.

It is claimed Breaux did not firmly say 'no' in reply to date requests. She eventually asked him to 'stop making romantic advances' but also encouraged him to continue taking dance classes.

However he says she began avoiding him soon after and when he said a letter apologizing for being awkward about his 'sincere feelings' the matter was escalated.

She accused him of 'bizarre' behaviour.

Later the university accused him of exerting 'power or authority' to harass Breaux, in reference to his 'physical size'. They also accused him of using similar behavior with three other student employees who haven't spoken out against him.

When asked if authority meant hierarchical, Scroggs replied 'I didn't interpret it that way'.

Current assistant vice chancellor for civil rights and Title IX, Andy Hayes said in her deposition: 'I think there could be a feeling of that [abuse of "power"] just by the nature of your gender.'

Assistant vice chancellor for civil rights and Title IX, Andy Hayes said in her deposition: 'I think there could be a feeling of that [abuse of "power"] just by the nature of your gender'. Former director of investigations and deputy Title IX coordinator Salama Gallimore (right)said it's not necessarily in reference to being 'physically larger'

Former director of investigations and deputy Title IX coordinator Salama Gallimore, who left the college shortly after Scroggs said in the deposition that 'power or authority' is having 'some sort of evaluative or supervisory capacity' over accusers and that it's not necessarily in reference to being 'physically larger'.

However she allegedly told Rowles in a previous Title IX investigation that he 'looked like someone who might commit sexual assault'.

Rowles was accused of having 'insinuated' he would help a female undergraduate student cheat in return for 'sexual favors' but won his case.

Various figures of authority disagreed on what constituted a violation of Title IX and Hayes admitted they couldn't communicate a consistent answer to students.