No. 19-467

Chixapkaid Donald Michael Pavel v. University of Oregon, et al.

Lower Court: Ninth Circuit
Docketed: 2019-10-09
Status: Denied
Type: Paid
Response Waived
Tags: confrontation cross-examination due-process employment-rights public-university sexual-harassment tenure termination union
Key Terms:
Arbitration DueProcess
Latest Conference: 2019-12-06
Question Presented (AI Summary)

Do due-process rights include confronting and cross-examining accuser?

Question Presented (OCR Extract)

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?

Docket Entries

2019-12-09
Petition DENIED.
2019-11-13
DISTRIBUTED for Conference of 12/6/2019.
2019-10-24
Waiver of right of respondents University of Oregon, et al. to respond filed.
2019-10-07
Petition for a writ of certiorari filed. (Response due November 8, 2019)

Attorneys

Chixapkaid Donald Michael Pavel
Marianne Guenevere Dugan — Petitioner
Marianne Guenevere Dugan — Petitioner
University of Oregon, et al.
Amanda M. WalkupHershner Hunter, LLP, Respondent
Amanda M. WalkupHershner Hunter, LLP, Respondent