The schools and teachers at all levels are about to get an academic dose of constitutional rights and the consequences for violating our bill of rights.
I would say this....were this a private school...they could get away with this, and the professor could play virtually any game they desired. The problem is...it’s a state-funded school, and thus inviting state constitutional issues. The professor may be shocked as they advance with this case, but he or she is merely a state employee and simply fearing the chancellor’s wrath is the least of the problems ahead.
From a loser prospective, if they reach the end and pronounce the professor wrong...it opens vast doors at the university and throughout the US. If I were the chancellor at the university...I’d try hard to convince the professor and his lawyer to accommodate this kid, apologize, and pay some moderate damages (lawyer fees maybe). You don’t want this getting to the end, and the judge issues out a fine and some type of punishment that might mean loss of tenure or suspension from the university for a year or two, or loss of pay.
It’d open up big doors for further law episodes in court, and the university would be spending tens of millions on lawyers.
Some thoughts:
1) How novel. A judge who actually rules on the written law and Constitution. Any chance the prospective GOP Presidential candidates would nominate this judge to a higher court if elected?
2) A good George W. Bush appointee to the district court (2001). Too bad he didn’t raise her to a higher appeals court before he left office.
3) Why is a publicly funded state university using taxpayer money to fund courses such as this one and hiring intolerant leftist professors whose only goal is indoctrinating students?
4) Why are parents who are fully or partially paying for college educations at colleges and universities allowing their students to take garbage classes such as this one which do nothing to prepare their daughters and sons for life beyond the campus? As I told my daughter, “As long as I’m paying for your education I reserve the right to approve your course selection.” Parenting doesn’t end when a child leaves for college.
5) I hope this case goes to trial and the plaintiff prevails over the university and professor. Unfortunately, Obama has appointed so many leftist judges to the higher federal courts it is likely a ruling in favor of the student will be overturned on appeal no matter what the Constitution or any law passed by Congress says.