Judge blocks LSU's request to suspend, dissolve order allowing suspended professor to return to class
BATON ROUGE — A Judge on Friday denied LSU's lawyers request to suspend or dissolve a temporary restraining order filed by an LSU Law professor who was removed from his position after making political comments during class.
A 19th Judicial District Court judge denied the request to lift the order, which will see Professor Ken Levy's "immediate reinstatement... to his position and teaching responsibilities," motions filed Friday said. Under the order, Levy will return to teaching on Tuesday.
LSU asked that the decision be made quickly before the order allowed Levy to return to class. The denial was issued only hours after the request.
LSU's lawyers, the law firm Faircloth Melton Bash and Green, argued that the order was without merit and was wildly premature.
"As widely publicized, LSU placed Petitioner Levy on paid administrative leave pending an investigation of student complaints about inappropriate, vulgar and potentially harassing conduct in the classroom," the motion read.
In their attempt to dissolve the order, LSU's lawyers argued that it "moots the underlying case in full."
CLICK HERE TO READ THE FILING.
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"This matter is simply an employment dispute in the early stage of an administrative process where the employee's rights (of due process) are fully protected," the filing said.
Levy was teaching a class on Jan. 14 about police and public interactions when, according to a lawsuit he filed, he said “F**k the governor” and “f**k that" while criticizing Governor Jeff Landry for publicly rebuking a law school colleague.
The injunction filed Thursday by 19th Judicial District Court Judge Donald R. Johnson that granted the order said the university is prohibited from interfering with Levy's employment, suspending him or taking any tangible employment action against him "on account of his expressions afforded protection under the Constitutions of Louisiana and of the United States."
A hearing is set to be held Feb. 10 on the request for injunctive relief. Levy was told to pay $1,000 for a bond issued alongside the temporary restraining order.
On Thursday, LSU said while academic freedom protects speech, thoughts and expression within a university setting, it doesn't provide a license to "use the classroom as a platform for personal grievances beyond the scope of the course or otherwise, demean or threaten students with differing viewpoints, or engage in gratuitous use of profanity... where students are preparing to practice under standards of conduct and civility."