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Christian University denies due process to longtime professor fired for gay guest speaker鈥檚 story about resilience and authenticity
Last month, reports emerged that Oklahoma Christian University fired a tenured professor who invited a gay guest speaker to class. 果冻传媒app官方鈥檚 investigation of the matter confirms that not only did OC fire professor Michael O鈥橩eefe after 41 years of service for exercising the academic freedom promised to him by the university 鈥 it did so before even giving him a chance to defend himself.
FIRE wrote to OC鈥檚 administration this week, calling on the university to immediately reinstate O鈥橩eefe and to ensure any investigation of alleged wrongdoing complies with its commitments to due process and academic freedom.
On March 1, O鈥橩eefe鈥檚 class, 鈥淭he Business of Branding Yourself,鈥 featured guest speaker Scott Hale, who discussed his experience growing up in Oklahoma, touching on themes of authenticity, resilience, and coming to terms with his identity as a gay man. One small part of the talk in particular irked OC鈥檚 administration, in which Hale recounted playing 鈥渢ruth or dare鈥 as a young boy to illustrate the peer pressure he experienced. He said the game eventually degraded into 鈥渢ruth or dick鈥 once another boy dared Hale to expose himself, which he felt compelled to do.
Less than one week after that class session, O鈥橩eefe, who started teaching at OC in 1981, received a letter immediately terminating his employment based on 鈥済ross misconduct鈥 and 鈥渃onduct contrary to the mission and values of Oklahoma Christian University.鈥 He was ordered to 鈥渓eave campus immediately.鈥
The letter gave no further explanation for why O鈥橩eefe was fired.
It鈥檚 almost as if the university believes its assertions about O鈥橩eefe would not survive the scrutiny that due process would provide.
After the controversy went public, OC鈥檚 chief legal counsel the university fired O鈥橩eefe because of complaints about the guest speaker鈥檚 stories and inappropriate language, including 鈥渢elling the class about his history of exposing his genitals to others and leading others to participate in a game he called 鈥榯ruth or dick鈥欌濃攁 misleading description of the Hale鈥檚 remarks, to say the least.
The chief legal counsel also that, after the class, 鈥渋t appeared that O鈥橩eefe attempted to squelch students鈥 reporting or complaining about the content by intimidating a student and dismissing rather than addressing student concerns鈥 (emphasis added). Counsel also claimed that O鈥橩eefe discouraged complaints by claiming he had a 鈥渟pecial relationship with university leadership and he used that special relationship to his advantage.鈥
What that email failed to mention is that OC gave O鈥橩eefe no prior notice of these allegations, let alone an opportunity to contest them before the university abruptly terminated him.
O鈥橩eefe denies the allegations that he tried to stop students from complaining about the guest speaker, underscoring the need for a fair truth-finding process that allows him to tell his side of the story. The chief legal counsel鈥檚 use of the word 鈥渁ppeared鈥 when recounting these allegations reveals OC鈥檚 own uncertainty about their veracity. It鈥檚 almost as if the university believes its assertions about O鈥橩eefe would not survive the scrutiny that due process would provide.
Notably, OC changed its Academic Policy Manual this year to provide less process to faculty members facing the most serious charges. In the , faculty committee review is no longer available for charges of 鈥済ross misconduct,鈥 鈥渕oral turpitude,鈥 or 鈥渃onduct contrary to the mission and purposes of the University.鈥 But OC鈥檚 application of this watered-down provision to faculty like O鈥橩eefe, who received tenure before OC revised its manual, unjustly pulls the rug out from under them.
The manual still appears to entitle tenured faculty to the other procedures from the 2020 version, now listed as numbered items under the 鈥渘o faculty committee review鈥 provision. The language is ambiguous and confusing. For instance, the accused faculty member 鈥渕ay speak on her or his own behalf before all bodies or individuals reviewing the [chief academic officer鈥檚] decision,鈥 but it is unclear what body or individual would review the decision if not the aforementioned faculty committee. If OC intended to strip tenured faculty of all of the prior procedures, it failed to do so clearly and unambiguously, so it had no grounds to give O鈥橩eefe zero process before firing him.
The change to OC鈥檚 adjudication process is perplexing 鈥 the most serious charges should receive more process, not less. That鈥檚 a of due process. But OC apparently wants the power to make a reckless rush to judgment, giving tenured faculty with decades of service no chance to even respond to the worst charges of misconduct before kicking them to the curb.
Firing a tenured professor without process defeats the purpose of tenure: to protect faculty from summary dismissal for exercising their academic freedom. As FIREtold OC:
By arrogating to itself a new authority to fire a tenured professor without any process whatsoever, simply by labeling something he allegedly said or did as 鈥済ross misconduct鈥 or 鈥渃onduct contrary to the mission and purposes of the University鈥 (offenses OC does not define), OC does an end-run around tenure protections and effectively nullifies its promises of academic freedom.
Although O鈥橩eefe has an opportunity to appeal his dismissal, that does not make up for the egregious lack of process that preceded it. Not only must O鈥橩eefe now start from a presumption of guilt, reversing the burden of proof that is OC鈥檚 to bear, there is also no indication he will receive a hearing or any other procedural safeguards.
We previously explained that O鈥橩eefe鈥檚 decision to host a guest speaker is protected by OC鈥檚 promises of academic freedom. Although OC is a private religious university, it faculty the right to 鈥渋nvite speakers of all political ideologies to speak in their classes鈥 and to 鈥渄iscuss controversial subjects and viewpoints relevant to their academic area without undue restriction or fear of reprisal from sources inside the University.鈥
The university must reinstate O鈥橩eefe and ensure any investigation of alleged misconduct respects his rights under OC policy.
Hale鈥檚 talk was relevant to O鈥橩eefe鈥檚 course. O鈥橩eefe he has invited multiple guest speakers like Hale to class to tell stories about 鈥減ersevering through personal hardship.鈥 His attorney, Kevin Jacobs, explained that O鈥橩eefe鈥檚 goal was to teach his students two significant lessons about 鈥渂randing yourself.鈥 One was to impart to students the importance of knowing yourself 鈥 who you are and what you stand for 鈥 before you brand yourself, and not letting external pressures or circumstances wholly define you. O鈥橩eefe also sought to help his students develop the skill of empathy and to think about how to relate to a wide variety of people and their unique stories.
While OC the authority to limit academic freedom 鈥渨hen behavior or expression seriously and adversely affects the University mission,鈥 it states that this limit is to be 鈥渘arrowly construed so as not to impede the interchange of ideas.鈥 As 果冻传媒app官方鈥檚 letter points out:
Whatever expressive limits such a vague carveout purports to create, it cannot reasonably be understood to cancel the explicitly enumerated academic freedom rights guaranteed to OC faculty, including the right to host controversial speakers and to discuss controversial subjects without 鈥渇ear of reprisal.鈥 It is nonsensical for OC to declare its mission 鈥渄emands鈥 these freedoms and then, when a faculty member like O鈥橩eefe exercises them, fire him for 鈥渃onduct contrary to the mission and values鈥 of the university.
Unfortunately, this affair may be part of a developing trend at OC. The university鈥檚 student newspaper, Talon News, recently that OC librarian Dara Tinius resigned in February after administrators confronted her over her social media post criticizing OC鈥檚 decision to discontinue 鈥渟mall chapels鈥 and the impact it had on LGBTQ students. Tinius claims administrators called her into a meeting and ordered her to rescind her faculty-approved tenure application and submit to one year of probation 鈥 or the president would deny the application.
We hope OC鈥檚 administration does not also think, incorrectly, that any speech critical of its decisions is 鈥済ross misconduct.鈥
FIRE urges OC to take its promises of academic freedom and due process seriously. The university must reinstate O鈥橩eefe and ensure any investigation of alleged misconduct respects his rights under OC policy.
FIRE defends the rights of students and faculty members 鈥 no matter their views 鈥 at public and private universities and colleges in the United States. If you are a student or a faculty member facing investigation or punishment for your speech, submit your case to FIREtoday. If you鈥檙e faculty member at a public college or university, call the Faculty Legal Defense Fund 24-hour hotline at 254-500-FLDF (3533).
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