A Timeline of Events Regarding Scott Gerber

Updated: 7/9/2023

• March 23 2023
  • Op Ed from Gerber on SB 83
  • “Unfortunately, because racial preferences are the sacred cow of higher education, well-settled anti-discrimination law is frequently flouted on college and university campuses, including in Ohio. For example, jobs are frequently set aside for minorities and women, and conservative and libertarian white males need not apply, or so it seems. I have heard of faculty searches in which a member of the faculty or administration has stated that his or her school has an open position, but that the position must (not “could”) be filled by a minority or a woman. In fact, the faculty hiring process has gotten so out of hand that one law school did not immediately disqualify a minority candidate who had recently failed the bar examination.”
  • “it contains many problematic provisions that should lead to its defeat. Most notable are the “divisive concepts” policies at the heart of the bill that limit classroom discussion, scholarly inquiry, and public debate on controversial topics such as critical race theory, an intellectual and social movement that maintains that American law and society reflects, promotes, and perpetuates white supremacist politics. Obviously, ‘divisive concepts,’ like everything discussed in a classroom setting, must be taught in a fashion that students are never compelled to accept the beliefs of their instructors: indoctrination is inconsistent with education. But instructors must enjoy the academic freedom to express their beliefs and their rationales for holding them.”
  • “Political intervention to abrogate the free exchange of ideas on college and university campuses will damage our institutions of higher learning and impede their ability to contribute to the advancement of knowledge.”
• April 6 2023
  • TV interview with Scott Gerber (SG)
• April 14 2023
  • Gerber was removed from the classroom by Public Safety and Ada Police immediately after his Constitutional Law 2 class ends at 1 pm and taken to the Dean’s office.
• April 18 2023
  • Statement from Dean Ward before class
  • Gerber will no longer be teaching his classes, cannot disclose why, but please don’t speculate, New teachers will be teaching, administering, and grading the finals.
• May 3 2023
  • FIRE Article
  • Gerber was escorted to “a meeting with the law school dean, who presented Gerber with a memorandum initiating his suspension from all faculty duties. The memo also demanded he immediately depart campus ‘to ensure his safety, the safety of others, and to protect the instructional integrity of the college of law’s program of instruction.’”
  • “In January, Gerber received an email telling him the university had opened an independent investigation of him with the Taft law firm. In that email, Taft attorney Cary Snyder reached out to schedule an interview, but refused multiple requests from Gerber and his lawyer to provide details of the specific complaints. Snyder also noted at the time that the law firm ‘does not have any authority to compel Professor Gerber to submit to an interview and so his participation is completely voluntary.’”
  • “Feb. 10, Snyder notified Gerber and his counsel by email that Taft was concluding their investigation — despite still not divulging details and not speaking with Gerber directly. In contrast to their initial statement that Gerber’s participation was voluntary, they also indicated in this email that his lack of participation could result in career-related consequences.”
  • “‘Gerber’s refusal to participate violates Section 5.1: Standard of Conduct of the Ohio Northern University Staff Handbook,’ Snyder wrote, ‘which lists ‘[r]efusing to cooperate with a University investigation’ and ‘insubordination’ among the behaviors that could result in disciplinary action against him.’”
  • May 2 2023 FIRE sends ONU President Melissa Baumann a letter requesting that “ONU must promptly provide Gerber the specific allegations against him and rescind any punishment based on his exercise of academic freedom, which the university promises to protect.”
• May 9 2023
  • WSJ Op Ed
  • Titled “DEI Brings Kafka to My Law School”
  • Professor Gerber compares his removal to Franz Kafka’s “The Trial”, wherein the protaginist is arrested, prosecuted, and executed without any semblance of a fair trial.
  • “April 21, ONU would commence dismissal proceedings against me. The grounds: ‘Collegiality.’ The specifics: None.”
  • Gerber has objected “publicly” “to DEI efforts that don’t include viewpoint diversity and would lead to illegal discrimination in employment and admissions.”
  • “I requested during a University Council meeting earlier this semester that ONU’s DEI program address viewpoint diversity. The administration responded, brusquely, that viewpoint diversity is ‘not part of our diversity, belonging and inclusion plan.’”
• July 6 2023
  • Hardin County Judge issues a “Temporary Restraining Order”, which functions to delay his university disciplinary hearing, originally scheduled for July 10, until at least July 20.
  • When determining whether or not to grant a “TRO”, the court considers whether the plaintiff will endure immediate and irreparable harm as a result of the defendant’s actions. Against that interest, the court weighs possible harm done to the defendant if the action is stopped.
  • Here, the judge found that Prof. Gerber is likely to endure immediate and irreparable harm as a result of the university disciplinary hearing taking place on July 10th, while also finding that the school has no urgent or necessary interest in holding the hearing on July 10th. For these reasons, the court granted the TRO.