Caution and deference: NJ court leaves professor’s firing undisturbed

On February 16, 2024, the New Jersey Appellate Division dismissed without a trial a former tenured professor’s complaint against a university that was filed because he disagreed with the findings of his discharge hearing. The court left the university’s decision to fire the professor undisturbed because it’s well settled that universities have the freedom to decide whom to hire, promote, or retain. Regardless of whether a university is public or private, its grievance process is entitled to deference.

Complaints

Fairleigh Dickinson University (FDU) hired Dr. Chee Ng in December 1999 as an associate professor of finance at the Silberman College of Business. In 2003, Ng was granted tenure by FDU and promoted to full-time professor in 2007. However, during his tenure, he received 46 complaints from students regarding his inappropriate and unprofessional teaching style. His behavior had become so extreme that his continued presence became harmful to the university’s reputation.

Students enrolled in Ng’s class first complained about him in spring 2009. Ten students alleged he made discriminatory comments during class, mistreated students, and had a generally rude demeanor. Then, in fall 2010, seven students complained of: