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Professor Appealing a Dismissal

Posted by Joseph D. Lento | May 21, 2023 | 0 Comments

Colleges and universities are supposed to be bastions of learning – places where conflicting points of view are not only condoned but celebrated. Students who can learn from a wide variety of professors with different backgrounds and experiences will learn how to consider different types of information and, ultimately, learn vital critical thinking skills.

But sometimes, colleges or universities may not appreciate some of those contradictory points of view. Recently, Matthew Garrett, a tenured history professor at Bakersfield College in California, was notified that the Kern Community College District Board had voted to dismiss him due to “unprofessional conduct and persistent violations of district rules and California Education Code regulations.”

Garrett was not only known on campus for polarizing lectures – he was also the co-founder of the Renegade Institute for Liberty, a faculty group “dedicated to the free speech, open inquiry, critical thinking to advance American ideas within the broader Western tradition of meritocracy, individual agency, civic virtue, liberty of conscience, and free markets.” Members of the group say it's meant to be a place to support good-faith debate. But others feel the group's actions and rhetoric are inflammatory – and disruptive to campus.

The Board stated that Garrett had been warned multiple times that his actions were not in line with the school's Code of Conduct. Kern, however, argues that he is being targeted for his conservative views – which are not only constitutionally protected but should be celebrated in the college or university setting.

Garrett stated he plans to appeal his dismissal – and hopes to return to the classroom as soon as possible.

Understanding the Dismissal Process

Colleges and universities have a mission to educate students – and part of that is allowing them to hear, consider, and discuss dissenting viewpoints. Many instructors and college employees, upon hearing that a professor like Garrett is being dismissed for his lectures and on-campus activities, worry that it amounts to nothing more than censorship. More importantly, they worry such actions might curb academics' abilities to provide a thorough and unbiased education to students.

So, what might a professor in Garrett's position do?

The good news is that Garrett can and did appeal the Board's decision. He now has the opportunity to provide evidence in his defense and fight for his position at the college.

If you have been dismissed from your position at a college or university due to alleged academic misconduct, it's important to respond in the right way. After all, such a mark on your professional record can have far-reaching consequences. That's why it's important to retain an experienced education defense attorney to help guide you through every step of the process.

The Right Representation

If you have been dismissed from your position at a college or university, you may be shocked, frustrated, or even angry. The Code of Conduct you signed when you took your position offers specific procedures to appeal the decision. It outlines the steps you should take to defend your reputation and get your position back.

As you work to appeal your dismissal, it's vital that you put your best foot forward. Engaging experienced representation who understands the appeals process – and has helped other academics retain their hard-won positions – can make all the difference to the outcome.

It's not easy to achieve tenure. It should not be easy to lose it. If you are facing dismissal from your position at a college or university, Joseph D. Lento and the Lento Law Firm can provide the right skills and experience to ensure your rights, your reputation, and your career are protected. Contact Joseph D. Lento and the Lento Law Firm to discuss your case at (888) 535-3686 today.

About the Author

Joseph D. Lento

"I pride myself on having heart and driving hard to get results!" Attorney Joseph D. Lento passionately fights for the futures of his clients nationwide. Attorney Lento and his team represent students and others in disciplinary cases and various other proceedings at colleges and universities across the United States. Attorney Lento has helped countless students, professors, and others in academia at more than a thousand colleges and universities across the United States, and when necessary, he and his team have sought justice on behalf of clients in courts across the nation. He does not settle for the easiest outcome, and instead prioritizes his clients' needs and well-being. In various capacities, the Lento Law FIrm Team can help you or your student address any school-related issue or concern anywhere in the United States.

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