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More Bad Behavior at St. Thomas University College of Law
November 22, 2024
Alexander Lugo at ALM/Law.com recently wrote about some of the allegations of bad behavior at St. Thomas University College of Law in Miami Gardens, Florida, including allegations extracted from complaints to the ABA filed by STUCL faculty and from a lawsuit I filed on behalf of former STUCL Professor Lauren Gilbert, which recently settled. The Law.Com story noted that I was representing another STUCL professor who was threatening to file suit, but I declined to provide any details to Mr. Lugo at that time. At the time, I was still holding out some hope that STUCL might be willing to engage in good faith negotiations to resolve my client's concerns. Unfortunately, they were not.
This week, I have filed a new lawsuit against STUCL on behalf of that previously unnamed client, Assistant Professor Claire Osborne-Thomas. As the lawsuit is now a matter of public record, and likely to be of interest to the law professoriate, I thought I would share with TFL readers some of the details. Many TFL readers may know Claire from her teaching or scholarship. Claire was previously a tenured professor at Thomas Jefferson Law School in San Diego (back when they were ABA-Accredited), but was not given tenure when she made the lateral move to St. Thomas to be closer to her family. After compiling a stellar record of teaching, scholarship and service at STUCL, including teacher of the year in 2022-2023, Claire applied for tenure in 2023-2024. She received the strong backing of the tenure and promotion committee and had several strong external reviews. The Dean, an STUCL graduate and former state court judge appointed by the University President without any input from the faculty (one of the school's many violations of ABA Standards), recommended that tenure be denied. For months, she refused to provide a copy of her recommendation to Claire, falsely claiming that Claire was not entitled to see it. After threatening to sue, I was finally able to obtain a copy of the recommendation, and it immediately became clear why the Dean didn't want to share it. The recommendation completely ignored the tenure standards that the Dean was supposed to apply. Her recommendation to deny tenure was instead based on demonstrably false, unsupported and defamatory claims about Claire's behavior. In the lawsuit I filed, we allege that the Dean wrote this recommendation at the direction of the President, who had decided he would not support Claire for tenure in retaliation for her appeal of an unjust reprimand that he had forced the previous Dean to give her. The reprimand, later reduced to a warning, was for a non-incident where Claire had chosen not to report to campus security a bizarre, non-specific, vaguely threatening message of unknown origin shown to her by a student. Although the school determined the message to be misinformation and not a threat within hours of Claire's decision that it was not worth reporting, the President nonetheless directed that the Acting Dean reprimand her for her failure to report. The lawsuit further alleges that the President's underlying motivation for reprimanding Claire was because he was trying to build a case to terminate her colleague Lauren Gilbert, who also was aware of the hoax message and likewise chose not to report it. The President also ordered that Lauren be reprimanded for this incident, and later cited this non-event as a basis for seeking to terminate her. Both Lauren and Claire appealed the reprimands they received. The complaint further alleges that the President urged Claire to drop her appeal, and promised that her future career at STUCL would be brilliant if she did so, but threatened that if she continued to try to have the letter removed from her file (using normal channels for appeal set forth in the employee handbook) that her future at the law school would not be so brilliant. The President also made it clear that the reprimand/warning was "not about her" but rather was about Lauren and urged Claire to consider what she could do for the University. Claire refused to back down and refused to involve herself in what she considered to be a dastardly plot against Lauren. True to his word, the complaint alleges that the President personally ensured that Claire's tenure application was disapproved, completely disregarding her record of teaching, service and scholarship, in retaliation for refusing his entreaties. Claire did appeal the denial of tenure, but after a month without any response to her appeal, she authorized me to file suit.
For those interested in further details about the case, a copy of the complaint, with numerous exhibits attached, is linked below.
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