Supreme Court of the United States · Official docket →
Chixapkaid Donald Michael Pavel v. University of Oregon, et al.
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 18-35287 · judgment May 29, 2019
Before the decision, about 1.7× the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a Ninth Circuit decision below, and counsel who has filed here before.
Questions presented
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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?
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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?
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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?
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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?
Counsel of record
For petitioner
Marianne Guenevere Dugan
For respondent
Amanda M. Walkup
Hershner Hunter, LLP
Case
Subject area
Due Process (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 1 conference
Order
Order list, December 9, 2019 · Certiorari denied
Proceedings
- Dec 09 2019Petition DENIED.
- Nov 13 2019DISTRIBUTED for Conference of 12/6/2019.
- Oct 24 2019Waiver of right of respondents University of Oregon, et al. to respond filed.
- Oct 07 2019Petition for a writ of certiorari filed. (Response due November 8, 2019)