Texas State professor fired after allegations of sexual misconduct

Hays

SAN MARCOS, Texas (KXAN) — Texas State’s Board of Regents voted to fire a tenured professor, David Wiley, after allegations of sexual misconduct.

The Rules and Regulations Committee recommended that Wiley’s tenure be revoked and that “he be terminated for cause,” according to the board’s agenda.

The board of regents discussed the matter for about two and a half hours in executive session, deciding unanimously to side with the decision of the committee, university president, and two tribunals to revoke Wiley’s tenure and fire him.

“The board does not believe any of the issues raised by Dr. Wiley require reversal of the Texas State University’s president’s decisions,” said regent Alan L. Tinsley when members reconvened in open session.

David Wiley (Texas State University)

Wiley is listed on the university’s website as a professor in the Department of Health & Human Performance.

According to their meeting book, the committee met last month via phone and recommended the following:

  1. Approve the Texas State University president’s May 2, 2019 affirmation of a faculty Hearing Tribunal’s adverse findings of sexual misconduct and recommended termination of Dr. David Wiley.
  2. Approve the Texas State University president’s Oct. 2, 2019 decision to revoke the tenure and terminate the employment of Dr. David Wiley following a second Faculty Hearing Tribunal’s findings of sexual misconduct and recommendation to revoke his tenure and terminate his employment.

Lawsuit

According to court records, Wiley filed a lawsuit against Texas State in October of 2018, alleging that his employer violated due process during the misconduct investigation.

Court documents indicate Wiley accuses the university of “premature and ill-founded Title IX findings” that Wiley committed acts of sexual misconduct against four other faculty members:

“The complaints of sexual misconduct involve allegations of hugging and non-romantic kissing (greetings) from five to ten years ago purportedly experienced by Plaintiff’s faculty colleagues in same department. None of the complainants allege that they exhibited overt expressions of unwelcomeness at the time of the alleged incidents. Following issuance of thinly-supported reports from the University’s Title IX Office, Plaintiff was advised that the University intended to terminate his tenure.”

Wiley alleged that the university’s attempt to fire him was really in retaliation for operational disagreements he had with the department chair.

A judge dismissed the case without prejudice on Jan. 24, “because they are not ripe for adjudication.”

After the board of regents’ decision, Wiley’s attorney sent KXAN a statement, saying Wiley may take this issue to court, once again:

The prior dismissal in federal court ruled that Dr. Wiley first had to complete the long and arduous appeal process imposed by Texas State University before taking his case to the courts. Now that the TSUS Board of Regents has issued its decision, Dr. Wiley can finally begin a process where we hope his rights will be honored and protected by the court system. The Title IX process in higher education is failing everyone involved. For better or worse, Dr. Wiley’s case will help to expose the broken Title IX system and how it failed to protect his rights as a tenured faculty member at Texas State University.

– Katie Frank of Sergi and Associates

Copyright 2020 Nexstar Broadcasting, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

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