Suspended Western Washington University Professor Is Entitled To A New Hearing
Western Washington University (“WWU”) suspended tenured theatre professor Perry Mills for two quarters without pay for improper behavior, including: use of foul language toward students and faculty both inside the classroom and beyond, brandishing a knife in class, threatening to kill people who offended him, using misogynistic names for female professors, and, on one occasion, telling a student undergoing cancer treatment that she “should have just died of cancer.”
After attempting informal methods to resolve the issue, WWU’s provost made a formal statement of charges against Mills for violation of the Faculty Code of Ethics. Following a closed hearing, a WWU hearing panel of five faculty members recommended suspension without pay for two quarters. The WWU Board of Trustees issued a final order implementing the recommendation.
As permitted by Washington’s Administrative Procedure Act (“APA”), Mills appealed his suspension to the Washington State Superior Court, which denied Mills’ appeal. Mills then sought direct review from the Washington Supreme Court, which in turn transferred the case to the Washington Court of Appeals.
Reviewing WWU’s suspension of Mills, the Washington Court of Appeals concluded that good cause existed for the suspension, and further that the suspension did not violate the terms of Mills’ employment contract. The Court of Appeals rejected Mills’ claim that WWU’s Code of Ethics was unconstitutionally vague, as well as Mills’ claim that the offending speech constituted protected speech under the First Amendment. However, the Court of Appeals did find that WWU’s use of a closed hearing, rather than a hearing open to the public, violated the APA’s open hearing provision. Accordingly, the Court of Appeals vacated the WWU’s Board of Trustees’ decision and remanded the cause to WWU for a new, open hearing.
A link to the case can be found here.
