NEW ORLEANS – An assistant professor at Southeastern Louisiana University has filed a federal lawsuit against his employer, arguing it “deviated from its own policies” in determining his eligibility for tenure review.
Plaintiff Peter M. Gratton, a resident of Orleans Parish, filed his lawsuit last month in the U.S. District Court for the Eastern District of Louisiana.
Gratton, who began his sixth year as an assistant professor at SELU in 2023, is suing the Board of Supervisors for the University of Louisiana System. SELU is a member institution of the University of Louisiana System, which is supervised and managed by the named defendant.
He argues SELU improperly notified him of his non-reappointment during his sixth year.
“While the decision to grant tenure is in the discretion of SELU, Dr. Gratton’s eligibility for tenure review during his sixth year is not discretionary based on SELU’s and the Board’s own policies,” according to his nine-page complaint.
Gratton contends SELU failed to comply with its own policies with respect to tenure, renewal/reappointment and termination of tenure-track faculty, and the resulting grievance processes.
Typically, tenure is granted to a professor after a five- to seven-year probationary period as an assistant professor, culminating in a rigorous review of their performance in teaching, research, and service. Final approval then comes from the university’s governing board after departmental recommendations.
Tenure – a career-long appointment – offers job security, allowing faculty to pursue long-term projects and academic freedom.
Once in his sixth year, Gratton informed his department head of his intent to apply for tenure. He began as a tenure-track assistant professor in the Department of History and Political Science at SELU in 2018.
According to SELU’s bylaws, a faculty member is eligible for tenure after serving a probationary period, which is six years.
Gratton’s initial appointment expired at the end of his sixth year, which was academic year 2023-24. He became eligible for tenure after his sixth year, or academic year 2023-24.
He claims that SELU’s tenure and promotion guidelines require that once a tenure-track faculty begins his sixth year and expresses an intent to apply for tenure, the tenure review process commences.
However, on Sept. 11, 2023, SELU notified Gratton of his “non-appointment,” with an effective date of Dec. 17, 2024.
“This notice was given by SELU to Dr. Gratton after his sixth year began and after Dr. Gratton expressed his intent to apply for tenure,” he claims in his complaint.
Gratton argues SELU’s policies require that a notice of non-renewal must be given at least 12 months before the expiration of the appointment. SELU should have provided him notice by April 15, 2023, he contends.
“As a result, Dr. Gratton filed grievances with the SELU Senate Faculty Grievance Committee and the Board’s Grievance Committee,” the complaint states. “Both grievances were mishandled by SELU and the Board, respectively.”
In turn, Gratton filed his lawsuit against SELU for violations of substantive and procedural due process and breach of contract.
“SELU’s termination of Plaintiff’s employment during Plaintiff’s seventh year of employment without commencing and concluding the tenure review process was arbitrary and capricious,” his lawsuit states.
“The decision by Defendant to deny Plaintiff’s appeal with respect to his tenure review eligibility and non-reappointment was made prior to the hearing and therefore before Plaintiff had an opportunity to be heard.”
Gratton argues, as a direct result of SELU’s breach, he has suffered damages, including loss of income, loss of earning capacity, and future income, loss of academic and scholarly opportunities, and career and reputational harm.
He seeks a judgment reinstating him to his position; ordering he be eligible for the tenure review process; ordering the university comply with its own policies; award of back and future pay, and attorney’s fees.
IAS Law LLC in New Orleans is representing him in the action.
