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Employment ComplianceNov 9, 202613:53 (PT)

Tenth Circuit partly backs Emporia State, Kansas Regents in tenured professors' firing case

Key points

  • Nine tenured professors can pursue procedural due process claims
  • The majority found no evidence supporting substantive due process claims
  • The panel was divided; parts of the district court order were vacated

A divided Tenth Circuit panel ruled that nine tenured professors fired under a temporary Covid-19 suspension policy can pursue procedural due process claims against Emporia State administrators and Kansas Board of Regents members. The majority found no evidence supporting substantive due process claims and vacated parts of a Kansas federal district court order. The ruling was issued Monday, and the panel's opinions were divided.

What employers should do

  1. Verify that procedural safeguards are in place in termination processes
  2. Keep written records of decisions and notices

Policy details

Jurisdiction
US Court of Appeals for the Tenth Circuit
Status
Court ruling
Effective date
—
Employers covered
Emporia State University and the Kansas Board of Regents
Official source
Official source pending
Original report: Bloomberg Law News ↗Edited with AI assistance. Facts are based on official sources and original reports. For information only; not legal, immigration or insurance advice.