The Texas Faculty Association is suing the University of Texas at Brownsville and Texas Southmost College in federal court on behalf of three tenured professors who say they were fired for being too old, after the two institutions ended a 20-year-old joint operating agreement. Juan Antonio Gonzalez, a professor of modern languages; Dorothy Boven, an assistant professor of English; and Karen Fuss-Sommer, an instructor of nursing, all were granted tenure at Texas Southmost prior to the merger of the college and university in 1992 but had their tenure revoked following their split in 2012.
The lawsuit alleges that was due to an administrative charge that prioritized the retention of non-tenure-track faculty members with master’s degrees over tenured faculty without master’s degrees during downsizing related to the split. But the professors, all over 40, say their positions weren’t even eliminated, and that they were replaced with younger professors without due process.
"Tenure is a property right, and it is not to be taken without good cause or due process, and these individuals were denied both,” said Mary Aldridge Dean, executive director the Texas Faculty Association, affiliated with the National Education Association, in a news release. Some 80 tenure-line and non-tenure-track faculty lost their jobs following the institutions' split.
A spokeswoman from Brownsville said the university does not comment on pending litigation. Texas Southmost did not immediately respond to a request for comment.
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