ADA — A former Ohio Northern University professor’s lawsuit appears to be headed for a jury trial.
Hardin County Common Pleas Court Judge Jonathan P. Hein denied several motions for summary judgment that would have resolved former professor Scott Gerber’s lawsuit against Ohio Northern prior to trial.
The lawsuit alleges Ohio Northern retaliated against Gerber, an outspoken libertarian and critic of diversity, equity and inclusion initiatives in higher education who held tenure at the school, for expressing unpopular opinions and raising concerns about what he describes as illegal hiring practices at the law school.
The ruling cites several defects by the Ohio Northern committee that decided to terminate Gerber last year but concludes “there is fodder for both sides of the case on the breach of contract claim.”
“The jury must make the ultimate decision,” Hein wrote.
The Sept. 12 decision granted summary judgment to Ohio Northern regarding two claims raised in Gerber’s lawsuit, dismissing the former professor’s claims of wrongful termination and intentional infliction of emotional distress, but declined to dismiss the case outright on behalf of the university.
“This order from the court certainly vindicates what Dr. Gerber has been saying for over a year,” Nicholas Barry, an attorney for America First Legal, the law firm representing Gerber, said in a news release about the ruling.
“He was wrongly terminated, defamed and targeted because of his objections to ONU’s illegal DEI hiring practices. We look forward to proving this to a jury next year,” Barry said.
A spokesman for Ohio Northern declined to comment on personnel matters and pending litigation.
