Adjunct Law Prof Blog

Editor: Mitchell H. Rubinstein
New York Law School

Wednesday, July 25, 2007

Discharge of Professor Ward Churchill

Brian Leiter has an interesting posting about the discharge of Professor Churchill which includes a copy of a court complaint that has already been filed. That posting is available here.  Professor Leiter had previously discussed the allegations that had been brought against Professor Churchill here. I must confess that I have not been following this closely, but I note the following.

First, Professor Churchill must have been expecting to be discharged because a detailed complaint was filed almost immediately after he was terminated. Therefore, it appears to me that he is seeking publicity. Second, since Professor Churchill worked at a public university, he must be protected by some type of due process hearing which is either statutory or contained in a collective bargaining agreement if the faculty is unionized.

The media has not discussed whether Professor Churchill has any type of right to an administrative due process hearing. If he does have a right to such a hearing, for those interested in this case, it is that proceeding which must be watched very carefully.    

Mitchell H. Rubinstein

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seeking publicity? i don't get what you're suggesting by this. one can presume professor churchill filed a complaint because he's seeking reinstatement and/or damages. of course he had a complaint ready the day after he was fired - he saw it coming, and so did everyone else.

are you suggesting there's something wrong with him seeking to publicize the case? why should such an extraordinary attack on free speech and academic freedom not receive publicity?

Posted by: disgruntled goat | Jul 26, 2007 6:56:13 PM

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