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US Federal Constitution QUESTION #5819
Question 1
A public university fired a tenured professor without a hearing after he was accused of plagiarism. The university claimed that because he was an 'at-will' employee, no hearing was required. Does the professor have a valid claim?
  • No, because public employment is a privilege, not a right.
  • No, because plagiarism is a clear violation of university policy.
  • Yes, because tenure creates a 'property interest' in employment that requires procedural due process.✔️
  • Yes, because the firing violated his First Amendment right to academic freedom.
Correct Answer Explanation
Tenured public employees have a 'legitimate claim of entitlement' to their jobs, which constitutes a property interest under the Due Process Clause of the 14th Amendment. They cannot be fired without notice and a pre-termination hearing.