Professors at both private and public colleges and universities avidly seek tenure because it usually provides the ability to teach – and speak – freely, whether in public or in the classroom, without the fear of being fired. That is unless the tenured professor is accused of violating the institution's policies. For instance, if a tenured professor is accused of misconduct by the university, they run the risk of being fired from their position.

If you or someone you know has been accused of misconduct by your university or college employer, you need a strong defense. The Lento Law Firm Student Defense Team understands how nuanced these accusations can be and will do everything in its power to ensure you receive the best possible outcome for your case. Call 888-535-3686 today or schedule a consultation online. Our experienced attorneys can help.

Tenured Professors Cannot Simply Be Terminated

Tenured professors typically can only be fired for justifiable causes or extreme circumstances, such as programs being discontinued or the university having severe financial issues. They are not usually terminated for arbitrary reasons, like missing too many days of work or failing to provide extra credit opportunities to struggling students. Additionally, tenured professors are entitled to specific procedures before termination, including:

• Being told the cause of their termination in sufficient detail.
• Being informed of the evidence the university or college has against them.
• Having a meaningful opportunity to defend themselves.
• Having a hearing before an impartial committee.

If the institution cannot (or does not) provide such procedures, the professor should not be terminated. However, the institution can try to implement some other form of punishment, such as suspension or demotion. For example, in September 2024, the University of Pennsylvania announced it was suspending a tenured law professor named Dr. Amy Wax. Dr. Wax was accused of making racist, homophobic, and sexist comments to her students and even invited a known white nationalist to attend her class.

While Dr. Wax denied many of the comments and asserted that others were taken out of context, she has defended that her statements are protected by the academic freedom that tenured professorship provides.

How the Lento Law Firm Can Help Tenured Professors Accused of Misconduct

There are many ways the Lento Law Firm Student Defense Team can help a tenured professor who is accused of misconduct, including:

• Ensuring the college or university's procedures were followed.
• Challenging any lack of impartiality in the process.
• Scrutinizing the institution's stated cause for the intended sanction.
• Investigating whether the sanction violates the tenured professor's academic freedom protections.
• And in public universities, asserting that the intended sanction or accusation violates the tenured professor's constitutionally protected property interest in their position, which cannot be taken away without due process.

Often, universities and colleges will attempt to remove tenured professors without a true cause. For example, in the case of Dr. Wax, she and her advocates believe that the university actually changed their usual disciplinary procedures to prosecute Dr. Wax. A skilled attorney will be able to gather and review evidence from both sides of the case to create a strategic defense on your behalf. Call 888-535-3686 today or schedule an appointment online.