The College Fix

Professor Scott Gerber’s lawsuit against Ohio Northern University advances as court decides free speech claims warrant jury trial

A court has rejected the Ohio Northern University’s attempt to dismiss a lawsuit brought against the school by Professor Scott Gerber. The court ruled that “the jury must make the ultimate decision.”

Gerber, a libertarian legal scholar, believes he was terminated over his vocal objections to the university’s diversity, equity, and inclusion hiring policies.

Gerber was abruptly “removed from his classroom by school security officers” following an investigation into his conduct, The Fix previously reported.

In the order that rejected ONU’s attempt to dismiss Gerber’s lawsuit, the Hardin County Common Pleas Court issued judgments on the claims for breach of contract, retaliation, wrongful termination, defamation, false light, and intentional infliction of emotional distress.

America First Legal is representing Gerber, and their counsel, Nicholas Barry, stated in a news release that this latest update is a “vindica[tion] [of] what Dr. Gerber has been saying for over a year.”

“He was wrongly terminated, defamed, and targeted because of his objections to ONU’s illegal DEI hiring practices. We look forward to proving this to a jury next year,” Barry stated.

The lawsuit claims that “Ohio Northern or its employees initiated this investigation in retaliation for Dr. Gerber’s opposition to discriminatory hiring practices and his complaints concerning the University’s non-compliance with legal requirements, and in particular with anti-discrimination laws.”

However, an attorney with a national free speech group told The College Fix in an email that the school is obligated to allow Gerber his free speech.

While ONU is a private university and consequently “not bound by the First Amendment,” if ONU promises free speech for its students and faculty, then the “courts should hold th[is] [institution] to these promises,” Zach Greenberg of the Foundation for Individual Rights and Expression said.

MORE: ONU moves to terminate professor for alleged ‘unprofessional’ conduct

On the claim for breach of contract, the Court said that “there are genuine issues of material fact with regard to [the] Plaintiff’s claims for breach of contract.” The Court did not make a summary judgment on the claims for retaliation, defamation, or false light, meaning these issues will be decided at a jury trial.

However, the Court did dismiss Gerber’s claims for wrongful termination and intentional infliction of emotional distress. In its judgment on the latter, the Court wrote that “terminating long-term employment is a common event and is not outrageous conduct in itself” and the “Plaintiff has failed to demonstrate serious and debilitating injury” resulting from his termination.

Gerber’s termination over alleged free speech issues isn’t an isolated incident. Amy Wax, a law professor at the University of Pennsylvania, recently faced sanctions due to alleged breaches of behavioral standards. Penn has been investigating Wax for years now following a variety of comments she has made over the years about crime, IQ, and immigration.

Cases like Wax and Gerber’s have prompted discussion about whether lawmakers should enact laws to protect the rights of professors.

Greenberg told The Fix that “states can pass laws that protect the free speech and due process rights of professors,” and such “laws can bolster these rights in higher education by giving professors a cause of action when their institutions violate their rights.”

The university declined to comment, with spokesman Dave Kielmeyer telling The Fix the university does not comment on pending personnel or litigation issues.

The Fix also reached out to America First Legal for comment on Oct. 9 and Oct. 21, but did not receive a response.

MORE: Penn offered Amy Wax $50K to be quiet

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