8th Circuit upholds dismissal of lawsuit over change in University of Arkansas tenure policy – Arkansas Times

8th Circuit upholds dismissal of lawsuit over change in University of Arkansas tenure policy - Arkansas Times

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The 8th Circuit Court of Appeals today affirmed without comment District Judge James Moodys dismissal earlier this year of a class-action lawsuit challenging changes in University of Arkansas personnel and tenure policy.

Faculty members from three campuses UAMS, Monticello and UA Little Rock had alleged changes in promotion, review and tenure policies limited academic freedom and put faculty members at greater risk of discipline, including termination, even for statements made outside the campus setting.

Moody dismissed the case in March. He said the university board of trustees was immune from some elements of the complaint. But his key ruling was that the case wasnt ripe. That is, the plaintiffs didnt allege that theyd suffered from the policy, only that they might.

In a one-paragraph unsigned opinion, the 8th Circuit panel said, Having carefully reviewed the record and the parties arguments on appeal, we find no basis for reversal.

The plaintiffs had argued on appeal that they did have the standing to challenge the loss of vested contract rights. They also said the changes effectively violated due process and limited First Amendment freedom. Said the plaintiffs brief in response to the UA Board of Trustees argument on the free speech claim:

the Board laments and proclaims their disapproval of the Plaintiffs open discussion of this lawsuit with media outlets, serving as a prime example of the Boards belief that it can limit Plaintiffs First Amendment rights however it pleases with its policies. This belief ties into the Boards attempt to characterize the standing requirements for a First Amendment claim in a way that would make it an impossible burden to meet. Although the Board points to language in the Revised Policy to say it protects Plaintiffs rights, that summary assertion does not change the fact that it is simply not the case. The Board, through the Revised Policy, limits and infringes Plaintiffs First Amendment rights by protecting only those topics which the Board deems related to scholarship, the subject matter of their assigned teaching duties, and employment related service.

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8th Circuit upholds dismissal of lawsuit over change in University of Arkansas tenure policy - Arkansas Times