Louis Wozniak v. Ilesanmi Adesida
Louis Wozniak v. Ilesanmi Adesida
Opinion
*1009
The University of Illinois fired Louis Wozniak in 2013. Until then he had tenure on the faculty of the College of Engineering. But after Wozniak waged an extended campaign against students who did not give him an award, the University's Board of Trustees decided that he had violated the institution's norms and rules, including the need to treat students with respect. As he had done before when the University insisted that he follow school policies, Wozniak responded with a federal lawsuit. He lost the last time, see
Wozniak v. Conry
,
The district court's lengthy opinion granting summary judgment to the defendants,
The College's Dean started tenure-revocation proceedings. The University's Committee on Academic Freedom and Tenure investigated, held hearings, and received submissions from the Interim Chancellor and Wozniak. The Committee concluded that Wozniak had engaged in several kinds of misconduct but that loss of tenure would be an excessive response. The University's President presented the matter to the Board of Trustees, which held ultimate authority. It conducted its own hearing, including live testimony and cross-examination. Disagreeing with the Committee, the Board thought Wozniak's conduct a firing offense.
One reason for the difference in opinion is what Wozniak did after the Committee issued its report: he posted the entire document, and all evidence the Committee received, on his website, revealing the identities of the students involved and the distress they felt at Wozniak's conduct. He included a link to this material in the signature block of every email he sent from his University account. Wozniak did this after the Committee informed him that disseminating identifying information about the students would be grounds for dismissal. Told by the Dean to remove this material, Wozniak refused. Inconsiderate and insubordinate is the most charitable description one can attach to this conduct.
Before the Committee's hearing, Wozniak had sought to interrogate the students further about the circumstances leading to the award. After they refused to speak with him, Wozniak filed a civil suit in state court seeking damages from them. He concedes that the sole reason for filing this suit was to get a judicial order requiring the students to sit for depositions, and that he planned to dismiss the suit as soon as that had been done. In other words, *1010 Wozniak concedes committing a tort against the students. (The tort is abuse of process.) In the event, the state judge dismissed the suit as frivolous before depositions occurred.
The Board concluded that students should not be treated as Wozniak had done and that students' educational lives would be better without him on the faculty. Wozniak does not contend that the Board's decision violated his tenure contract; instead he accuses the University of violating the Constitution of the United States.
His lead argument is that the First Amendment (applied to the states through the Fourteenth) entitles faculty members to make available to the public any information they please, no matter how embarrassing or distressful to students. This argument, even if correct, would not carry the day for him: he was fired for intentionally causing hurt to students, and refusing to follow the Dean's instructions, not simply for publicizing the effects of his actions. What's more, the argument is not correct.
Wozniak acted in his capacity as a teacher. The subject of the award was teaching; he called students into his faculty office (a power he possessed by virtue of his job) and used his position to inflict the injuries that precipitated his discharge.
Garcetti v. Ceballos
,
There is another route to the same conclusion. Speech that concerns personal job-related matters is outside the scope of the First Amendment, even if that speech is not among the job's duties. See, e.g.,
Connick v. Myers
,
Wozniak's second argument is that the Board violated the Due Process Clause of the Fourteenth Amendment. Tenured professors at public universities have property interests in their jobs and are entitled to notice and an opportunity for a hearing before they may be deprived of that interest. Compare
Board of Regents v. Roth
,
We have said enough to show that the due-process claim must be resolved in the University's favor. Wozniak contends that the Committee and Board did not follow all of the University's rules and regulations for tenure-revocation proceedings, but this has nothing to do with the Constitution. The meaning of the Due Process Clause is a matter of federal law, and a constitutional suit is not a way to enforce state law through the back door. See, e.g.,
Snowden v. Hughes
,
The Board received the Committee's report and its lengthy evidentiary record and heard enough additional testimony to permit it to make an intelligent decision. The Constitution does not require the Board to take testimony from the Committee's members. (Again this is not required, indeed usually is not allowed, in court, where judges make decisions based on administrative records without receiving decisionmakers' testimony. See, e.g.,
Citizens to Preserve Overton Park, Inc. v. Volpe
,
Wozniak's remaining arguments do not require discussion.
AFFIRMED
Reference
- Full Case Name
- Louis WOZNIAK, Plaintiff-Appellant, v. Ilesanmi ADESIDA, Et Al., Defendants-Appellees.
- Cited By
- 75 cases
- Status
- Published