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Administrative Law Keyed to Mawshaw
Board of Regents of State Colleges v. Roth
Citation:
408 U.S. 564 (1972)Facts
In 1968, David Roth was hired as an assistant professor of political science at Wisconsin State University-Oshkosh for a fixed term of one academic year. Under Wisconsin law, a state university teacher could only acquire tenure after four years of continuous employment. Without tenure, Roth was entitled only to his one-year appointment. Wisconsin law provided no standards defining eligibility for re-employment, leaving the decision to the unfettered discretion of university officials. University rules required that non-tenured teachers be informed by February 1 about retention decisions but specified that “no reason for non-retention need be given” and “no review or appeal is provided.” Roth was informed before February 1, 1969, that he would not be rehired, with no reason given and no opportunity to challenge the decision at a hearing. He subsequently filed a federal lawsuit alleging that the decision violated his Fourteenth Amendment rights, both substantively (claiming it was punishment for criticizing the administration) and procedurally (claiming he was entitled to notice of reasons and a hearing).
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