Alleged Defamation During Tenure Process Can Justify Lawsuit by Former SMU Professor, Affirms Highest Court
The Texas Supreme Court's recent ruling grants a former Southern Methodist University (SMU) professor, Cheryl Butler, the right to continue her defamation lawsuit against her former coworkers. The Texas Supreme Court determined that the Texas Commission on Human Rights Act (TCHRA) claims do not preempt common law tort claims, allowing Butler to move forward with her defamation suit.
Butler, a law professor at the SMU Dedman School of Law from 2011 to 2017, had previously been recognized as an "outstanding" teacher in the torts subject area. However, she was denied her application for tenure in 2016 and left the university the following year.
In the aftermath, Butler alleged a "discriminatory and retaliatory scheme" occurred during her employment at SMU, which prompted her to file a lawsuit against the university and various administrators and professors. Court documents suggest that Butler's husband's deteriorating health due to stage four kidney failure led to her own health challenges, including depression, anxiety, and exacerbated asthma.
Butler accused her administrators of spreading false rumors about her, including claims that she lied about her illness and was not committed to SMU Law. In response, an attorney for SMU and the administrators listed as defendants declined to comment.
Initially, Butler's case was dismissed by a federal judge in the Northern District of Texas. however, she appealed last year to the U.S. Fifth Circuit Court of Appeals, which sought clarification from the Texas Supreme Court on whether her discrimination claims were barred in Texas.
In a statement, Butler's attorney Ezra Young expressed gratitude for the Texas Supreme Court's ruling, indicating it paves the way for defamation claims to be pursued alongside discrimination claims. Young remarked that this precedent should signal to law schools across the nation that spurious tenure denials will not be tolerated.
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Cheryl Butler, previously a law professor known for her excellence in teaching torts at SMU Dedman School of Law, may now also pursue a defamation lawsuit against her former coworkers, as indicated by the Texas Supreme Court's recent ruling. This decision, allowing common law tort claims to proceed concurrently with Texas Commission on Human Rights Act claims, was seen as a significant step by Butler's attorney, Ezra Young, who believes it sets a national precedent against spurious tenure denials and spurious defamation claims in the field of health-and-wellness, science, and news, considering Butler's allegations involved her husband's health issues and her own subsequent health challenges.
