Ch. 6, #13 King v.
University of Minnesota
Assuming that King was guilty as charged, what arguments, if
any, remain available to him if he tries to challenge his dismissal on the
basis of race discrimination?
-
King could try to show disparate treatment. If
he proves disparate treatment, as long as the defendant cannot prove a BFOQ,
then he can win.
Court decision:
- The court ruled that King’s dismissal was for a
reasonable cause, based on his behavior – University of Minnesota won.
”The court upheld the university’s dismissal of a tenured
faculty member for neglect of his teaching responsibilities and lack of
scholarship. The university had provided the following due process protections:
1.
Frequent communications with King concerning his
poor teaching, his unexcused absences, and his refusal to cooperate with the
department.
2.
A departmental vote, with King present, to
remove him from the department because of his history of poor performance.
3.
Notice to King of the charges against him and
the university’s intent to initiate removal proceedings.
4.
A hearing panel of tenured faculty and the right
to object to any of the individual members (which King did for one member, who
was replaced)
5.
Representation by counsel and substantial documentary
discover, including depositions of administrators
6.
A prehearing conference in which the parties
exchanged issue lists, witness lists, and exhibit lists.
7.
A hearing occurring over a two-week period,
during which King was represented by counsel, who cross-examined witnesses,
presented witnesses and documentary evidence, and made oral and written
arguments
8.
Review of the entire record by the university president
9.
Review by the regents of the panel’s findings,
the president’s recommendation, and briefs from each of the parties
10.
An opportunity for King to appear before the
regents before they made the termination decision”
The Law of Higher
Education by William A. Kaplin, Barbara A. Lee
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