Summary
The Supreme Court held that terminating a probationary professor on the foundation of an adverse sexual-harassment inquiry report was stigmatic and punitive, rather than termination for mere unsuitability. Reference to the report and Executive Council decision made their findings part of the termination’s substance. The Court ordered reinstatement while leaving backwages, suspension and further disciplinary inquiry to the University under the service rules; it did not exonerate the employee.
Issues
- Whether termination referring to an adverse Internal Complaints Committee report was simpliciter or stigmatic.
- What relief followed termination without the required regular service-rule inquiry.
Held
- Stigma need not appear in the termination’s own words; it may arise from a document incorporated by reference and affecting future employment prospects. Here the report and Executive Council resolution were the foundation of the decision, rather than merely academic-performance concerns. (¶¶ 5, 7, 8)
- A formal inquiry into allegations of serious misconduct culminating in an adverse finding made the termination punitive in substance. Probationary status did not permit dispensing with the regular inquiry required by the service rules. (¶¶ 7, 9, 10)
- Sexual-harassment complaints required statutory inquiry and appropriate follow-up, rather than evasion of the necessary disciplinary process through simple termination. The employee also required the opportunity to vindicate his position through that process. (¶ 10)
- Setting aside the order entailed reinstatement, but not automatic backwages or exoneration. Further inquiry, suspension and consequential benefits were matters for the competent authority to determine according to law, including the outcome of further proceedings. (¶¶ 11, 12)
Result
Appeal partly succeeds; High Court judgments and termination order set aside and reinstatement directed. Backwages, suspension and departmental or regular inquiry left to the competent authority according to law. No costs; pending applications disposed of.