both Plaintiffs’ moved for reconsideration, but the requests were denied. (DSOF ¶ 26). Accordingly, Vice President Stinson forwarded the matter to Provost Bruce for discipline.
In determining appropriate discipline, Provost Bruce interviewed Plaintiffs, Dr. Donadio, and Ms. Sciolis. She also reviewed TTU’s policies and consulted with university legal counsel. (Id. ¶¶ 28, 30). Dr. Bruce came to the conclusion that the purpose of the flyer “was to target one individual, a coworker, and a small group of students to threaten and harass and intimidate them, [and] to incite others to participate in the harassment[.]” (DSOF ¶ 30). Provost Bruce also believed that, in the university setting, “every employee is entitled to their own opinions and thoughts” but “if those viewpoints start to then impinge on the rights of other [students], they start mistreating others because of those viewpoints, they start taking actions that are based on those viewpoints that are inappropriate actions, then it becomes a concern” for the university. (Id. ¶ 33). Indeed, Dr. Donadio in his deposition testified that he viewed the flyer as a threat, and Ms. Sciolis told Provost Bruce that, because of the flyer and the anxiety it caused, she missed class. (DSOF ¶¶ 34, 35; Doc. No. 56-9, Bruce Dep. at 60; Doc. No. 56-14, Donadio Dep. at 123–125).
In imposing discipline, Provost Bruce considered the possibility of revoking tenure in accordance with TTU’s Policy 207. She decided against that route after consulting with the Faculty Senate President and Faculty Trustee. (DSOF ¶ 38). Instead, she imposed discipline upon both Plaintiffs for violating Policy 600 as referenced previously, and Policy 007 pertaining to “Free Speech on Campus” that provides:
Tennessee Tech is committed to maintaining a campus as a marketplace of ideas for all Students and Faculty in which the free exchange of ideas is not to be suppressed because the ideas put forth are thought by some or even most members of Tennessee Tech’s community to be offensive, unwise, immoral, indecent, disagreeable, conservative, liberal, traditional, radical, or wrong-headed.
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Case 2:21-cv-00039 Document 90 Filed 12/01/22 Page 7 of 27 PageID #: 8919
