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Administrative Law Keyed to Popper
Board of Regents of State Colleges v. Roth
Citation:
408 U.S. 564 (1972)Facts
David Roth was hired as an assistant professor of political science at Wisconsin State University-Oshkosh for a fixed one-year term from September 1, 1968, to June 30, 1969. Under Wisconsin law, a state university teacher could only acquire tenure after four years of continuous employment. Before February 1, 1969, Roth was notified that he would not be rehired for the next academic year, with no reasons provided and no opportunity for a hearing to challenge the decision. University rules explicitly stated that no reason for non-retention needed to be given for non-tenured faculty and no review or appeal was provided. Roth filed suit in federal court, alleging that the decision violated his Fourteenth Amendment rights in two ways: first, that the true reason was to punish him for criticizing the university administration (a free speech claim), and second, that the failure to provide reasons and a hearing violated procedural due process.
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