College and university professors and personnel are experiencing just how far a school will go to protect its public reputation. Although the First Amendment guarantees freedom of expression, constitutional protections sometimes seem to stop at the campus gates. After a federal appeals court handed down an opinion upending a professor's lawsuit, schools have more reign to retaliate to protect their interests.

Professor Pushed Out of Ph.D. Department for Woke Criticism

A North Carolina State University professor was moved out of his Ph.D. program after he claimed he was "speaking his mind." However, in a lawsuit against the school and a few current and former employees, the professor states colleagues and the institution engaged in retaliation. Court documents reference the following three instances after which the professor had his position threatened:

• Criticizing another professor's hiring via an article published by Inside Higher Ed
• Questioning additional diversity measures for student evaluations
• Publishing a blog post decrying the Association for the Study of Higher Education as a "Woke Joke"

The professor condemned the move, claiming the university "retaliated against his First Amendment rights." But in a 2-1 opinion, the U.S. Fourth Circuit Court of Appeals came down against the individual.

Court Claims Professor's Opinion Is of 'Personal' not 'Public' Concern

The court's majority opinion explains that his criticism was surrounding "internal communications" and that he was speaking "as an employee' rather than a citizen." Additionally, regarding the diversity evaluations, the court stated that the professor was removed from his Ph.D. program area "because of his ongoing lack of collegiality—not because of the content of his blog post."

While such a "lack of collegiality" is enough to ruffle the feathers of an academic department, it cost the professor his Ph.D. program, and he was not invited to another. While the judges assert over eight months passed between the last incident and the professor's demotion, he claims he was labeled a "bully" and that it's an eventual path to a loss of tenure and termination from the school.

Nevertheless, the dissenting judge took issue with the threats alleged before the professor was removed from his post. Furthermore, the judge explained that "there has been a growing, and wide-ranging, public debate about how colleges ought to emphasize diversity, equity, and inclusion," and the professor's comments on the student evaluation should fulfill public concern requirements.

What Should You Do When Retaliation Arises?

With the professor's demotion, the elephant in the room lies with North Carolina State University not addressing their presumed grievances with the professor. There was never any mention that the university sought to handle the professor's actions through their employee disciplinary process. Reportedly, the first threats against the professor came just two months after publishing the blog post—not eight. But it could be the case that administration officials sought to wait and remove the professor later, after the end of the school year, when it was more practical for the institution.

Regardless of the situation, institutions of higher education must follow the same rules they dictate in their employee handbooks. This underscores how far a school is willing to go to play in the gray areas of regulations and conveniently eliminate an educator when the time allows it. This is exactly why school employees need professional assistance when alleging retaliation.

The Lento Law Firm understands the inner workings of school administrations, as well as their ability to abridge employee protections to protect the institution's reputation. Let a team well-versed in Education Law provide much-needed assistance. Contact the Lento Law Firm online or call 888-535-3686 to maintain your career and reputation.