Human Resources had received a complaint alleging misconduct in violation of Policy 202, Academic Freedom and Responsibility, Policy 207, Tenured Faculty, and Policy 600, Code of Conduct. (Doc. No. 80-8 at 1, 3). Those letters also plainly state, however, that the investigation would be conducted under the “processes set forth in Policy 141, Prohibited Discrimination and Harassment.” (Id.) (emphasis added). In other words, Policy 141 provided the process for considering whether they violated the code of conduct set forth in Policy 600.
Next, Plaintiffs complain that Defendants overlooked or ignored information, including a “list of documented reports of TPUSA officials at college campuses across the country espousing racism,” and Dr. Donadio’s and Ms. Sciolis’ participation in the Fox News program. (Doc. No. 80 at 14). Plaintiffs provide no cases suggesting that every kernel of information presented must be examined analyzed when determining discipline. This is likely because due process is a “flexible inquiry,” with “[d]ifferent circumstances call[ing] for different processes.” Cunningham v. Blackwell, 41 F.4th 530, 536 (6th Cir. 2022). “While “some kind of a hearing” generally must occur before the State fires a tenured employee … , the same is not true for other discipline.” Id..
To succeed on their due process claim, Plaintiffs must show that they were denied “adequate procedural rights to protect against an erroneous deprivation.” Kaplan, 10 F.4th at 577 (emphasis added). They have not done so. Quite the contrary, the record reflects that Dr. Bruce’s was a considered decision. Investigator Holt notified Plaintiffs of the Complaint and the procedural process to be followed, reviewed relevant materials (the flyer, the police report, and the security images) and interviewed both witnesses and the Plaintiffs. He drafted an investigation report to Dr. Stinson who forwarded it to Dr. Bruce. Dr. Bruce then re-interviewed witnesses (Dr. Gruber, Mr. Smith, Ms. Sciolis, and Dr. Donadio), and reviewed the findings and investigative materials as well
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Case 2:21-cv-00039 Document 90 Filed 12/01/22 Page 25 of 27 PageID #: 8937
