Chixapkaid Donald Michael Pavel v. University of Oregon, et al.
Arbitration DueProcess
Do due-process rights include confronting and cross-examining accuser?
QUESTIONS PRESENTED 1) When a tenured professor at a public university is accused of sexual harassment, and vigorously disputes the allegations, do his due process rights include confronting and cross-examining his accuser? 2) Does the Due Process Clause preclude termination of such a professor when he had no prior warning that discipline for a single sexual harassment charge could include termination, and no tenured professor at that university had ever been fired? 3) When a professor at a public university gains tenure, and later his department unionizes, are his post-termination due process rights limited to the union's discretion whether to pursue or decline arbitration? 4) For purposes of a substantive due process claim, is it clearly established that, in a large bureaucratic university, the person who terminates an employee need not be the same person who publicly issued stigmatizing information about the employee?