CHARLESTON — The West Virginia Public Employees Grievance Board sided with a Marshall University professor who was fired last year, and immediately reinstated her employment.
Administrative Law Judge William B. McGinley also awarded back pay, statutory interest and benefits she would have accrued had her employment not been terminated.
Dr. Jennifer Mosher is a professor of microbiology and made some statements of a political nature which allegedly wished death upon a group of people who were holding mass rallies without public safety precautions during the COVID-19 pandemic.
"The statements were made during discussions at the beginning of two classes where were held virtually and recorded," the decision states. "Someone gained access to the recordings and posted selected clips of Grievant's comments on Twitter which caused a great deal of reaction among people on social media."
The university then dismissed Mosher, alleging that her comments impaired her ability to fulfill her teaching responsibilities at Marshall. The provost and the president believed that conservative students would feel unsafe and uncomfortable taking her classes in the future.
"Respondent did not prove the reasons for Grievant's dismissal by a preponderance of the evidence," the decision states. "It is more likely than not that the stated reasons were not the actual reasons for Grievant's dismissal. Additionally, her comments were protected by the First Amendment, as well as Grievant's rights related to academic freedom and tenure."
An investigation was done and the investigator noted that there was a great deal of negative public sentiment regarding Mosher's comments, which outweighed the public statements received in support of her statements.
However, the investigator did not investigate or find if the comments had any impact on student attitudes toward Mosher.
"It appears that the administration was more concerned with the external political fallout created by the Twitter posts than any effect Grievant Mosher's statements had on present or future students," the decision states.
The judge wrote that Mosher's statements occurred during a very contentious presidential campaign. He wrote that the Twitter reaction seemed to be what influenced the provost and president's actions more than specific student concerns.
"On balance, it was not proven that Grievant's exercise of her free speech rights, significantly interfered with Marshall University's interest in the efficient and orderly operation of its affairs," the decision states. "Accordingly, the grievance is granted."
The West Virginia Public Employees Grievance Board: 2021-1040-MU