The Kansas Supreme Court has dismissed a petition for a writ of mandamus brought by two Emporia State professors against the university.
Christopher Lovett and Amanda Miracle, both tenured professors terminated as part of the university’s Framework for Workforce Management this past fall, asked the high court to issue stays in Lovett’s and Miracle’s separate proceedings before the Office of Administrative Hearings and for the process to not violate US and state constitutions. They also said they were denied due process regarding their employment as tenured professors.
The Kansas Court System’s paperwork does not list a reason why a majority of justices dismissed the petition, which meant the Supreme Court could have compelled a lower court to take action if it had approved the petition. The university has issued a statement saying: “Emporia State University appreciates the work done by the Kansas Supreme Court to study the written legal arguments submitted by the parties and to makes its considered and clear decision.”
In September, ESU submitted its Framework for Workforce Management, a temporary COVID-19-based policy approved by the Regents allowing universities to restructure certain degree programs and thus open the door for reducing personnel numbers, including those of tenured staff. The Regents approved the policy later in the month, setting the stage for over 30 faculty dismissals and several program cancellations. Reinvestment announcements for several university programs have followed over the last six months.
Miracle and Lovett say the Regents-approved overall plan let ESU make changes to personnel and programs without having to follow due process requirements and other Regents-approved policies.
