Academic Freedom Under Fire? Tenured Texas State Professor Fights Back Against University Over Alleged Wrongful Termination

A seismic shake-up is unfolding within the hallowed halls of Texas State University, as Dr. Jennifer Scharlach, a respected tenured professor, finds herself at the epicenter of a high-stakes legal battle. After her abrupt termination on March 29, 2024, Dr. Scharlach has unleashed a lawsuit against the university, its leadership, and the Board of Regents, igniting a fervent debate over academic freedom, due process, and the very essence of tenure.

Dr.

Scharlach, a long-standing fixture in the Department of Counseling, Leadership, Adult Education and School Psychology, asserts that her firing was not merely a reaction to alleged professional misconduct, but rather a retaliatory strike for her outspoken criticisms of departmental leadership and the university's internal systemic issues.

Her lawsuit, filed in Travis County, paints a picture of a tenure system under siege, where dissent is stifled and established protections are disregarded.

The university, in its official reasoning, cited a litany of charges against Dr. Scharlach, including allegations of 'failure to promote student well-being' during the tumultuous COVID-19 pandemic, insubordination, and a failure to meet performance expectations.

Central to their case is an incident from Fall 2020, involving a student facing severe mental health, housing, and food insecurity during remote learning. The university claims Dr. Scharlach instructed the student to 'just push through' and prioritize a group project, allegedly failing to follow proper university protocols for students in distress.

Adding another layer to the university's justification is a resurrected accusation from 2019.

A former student claimed Dr. Scharlach shared an email containing a link to a website featuring 'racially insensitive and graphic content' during a presentation. These incidents, according to the university, formed the basis for their decision to revoke her tenure—a rare and often contentious action in academia.

However, Dr.

Scharlach vehemently refutes these claims, presenting a starkly different narrative. Regarding the 2020 student incident, she asserts she provided extensive support, spending hours engaging with the student and connecting her with the dean of students. Furthermore, she highlights that the student ultimately passed the class, suggesting the university's portrayal of the events is a distortion of the truth.

Dr. Scharlach believes this incident has been cynically twisted to serve as a pretext for her removal.

As for the 2019 email, Dr. Scharlach argues its timing is suspicious. She contends that the university only launched an investigation into this matter after she began voicing her critiques of department leadership and alleged mismanagement.

She clarifies that the link in question was to an art installation, not a racist site, and was shared during a demonstration on software usage—an action she immediately regretted and for which she profusely apologized. Her defense suggests the university is dredging up old, minor issues to build a case against a perceived critic.

Dr.

Scharlach's lawsuit seeks not only reinstatement to her tenured position and compensation for back pay but also significant damages, asserting a profound breach of contract and a violation of her fundamental due process rights. This ongoing legal battle at Texas State University is more than just a dispute between a professor and her employer; it's a critical examination of the safeguards intended to protect academic freedom and intellectual inquiry in higher education.

The outcome could send reverberations throughout the academic community, impacting how universities handle dissent, manage tenure, and ultimately, govern their faculty.