Assuming that Serpe made these statements, however, they are not sufficient to establish an inference of discriminatory intent on the basis of race. See Sheppard v. Kent State Univ., N.D.Ohio No. 5: 15 CV 417, 2015 U.S. Dist. LEXIS 105325 (Aug. 11, 2015). Similarly, as evidence of gender discrimination, plaintiff points to the fact that Serpe allegedly stated at one point during the meeting that he is male and at other times used profanity that she construed as sexual in nature, including the following: "I f----d up!

That to permit a secured creditor to retain his specific contract security and also to prove against the general assets of his insolvent debtor for the whole amount of the debt was deemed to work out inequality is shown not only by the fact that it was not applied in bankruptcy, but that in the administration of equitable, as contradistinguished from legal, assets, courts of equity, following the maxim Equitas est quasi equalitas, would not permit claimants against equitable assets to share in the distribution of such assets, until they had accounted for any advantage gained by the assertion against the general estate of the debtor of a preference permitted at law. Morrice v. Bank of England, Cases Temp. Talb. 218; Sheppard v. Kent, 2 Vern. 435; Deg v. Deg, 2 P.W. 412, 416; Chapman v. Esgar, 1 Sm. G. 575; Bain v. Sadler, L.R. 12 Eq. 570; Purdy v. Doyle, 1 Paige, 558; Bank of Louisville v. Lockridge, 92 Ky. 472; 1 Story Eq. Jur. 12th ed. p. 543; Watson, 1 Comp. Ex.2d rev. ed. ch. 11, p. 35. It was undoubtedly from a consideration of this fundamental rule of equity, in construing the statutory requirement for ratable division of general assets, that the bankruptcy rule was formulated.

Kent State is a public university, and therefore qualifies as a governmental entity as an arm of the state. See McCormick v. Miami Univ., 693 F.3d 654, 661 (6th Cir. 2012) (citing Johnson v. Univ. of Cincinnati, 215 F.3d 561, 571 (6th Cir. 2000)); see also Sheppard v. Kent State Univ., No. 5: 15 CV 417, 2015 WL 4743893, at *3 (N.D. Ohio Aug. 11, 2015) (Kent State is an agency or instrumentality of the State of Ohio). "It is well-established that States and agencies and instrumentalities of the State, including public universities . . . ," are not 'persons' subject to suit under Section 1983."