Tenure; Due Process; Employment Separation, RIFs, ERIPs & Retrenchment; Faculty & Staff
Edionwe v. Bailey (5th Cir. June 19, 2017)
Opinion and Order affirming the district court’s grant of Defendants’ Motion for Judgment on the Pleadings. In 2013, the Texas Legislature passed legislation consolidating the University of Texas-Pan American (UTPA) and the University of Texas at Brownsville (UTB) to create the University of Texas Rio Grande Valley (UTRGV), and ordered the UTRGV Board of Regents to rehire as many faculty and staff from UTPA and UTB as practicable. Plaintiff, a tenured Professor at UTPA, was not rehired because he failed to submit a timely application prior to the deadline. He sued UTPA, UTRGV, the University of Texas System, and the Presidents of UTRGV and UTPA for alleged procedural and substantive due process violations. On appeal, the Fifth Circuit rejected Plaintiff’s contention that his property interest in continued employment at UTPA transferred to UTRGV. It further found that the procedure used to terminate Plaintiff’s tenure satisfied procedural due process requirements.