William Mitchell tenure fight ramps up as school calls professors' claims 'inaccurate,' 'legally flawed'

Two professors suing William Mitchell College of Law over possible changes in its tenure code are protecting their own interests, the law school said in a recent court filing.

What's more, lawyers for the law school argued, Mitchell has every right to make the changes.

A complaint filed earlier this month in Ramsey County District Court by professors Carl Moy and John Radsan is inaccurate, misleading and legally flawed, the school said in its answer to the professors' suit.

"Plaintiffs' concerns about their employment security caused them to file this lawsuit as another 'pre-emptive strike' in an effort to enhance their employment security and/or extract separation packages that are in excess of what they would otherwise be entitled to receive …," said the school's answer, filed April 8.

The school is asking the court to dismiss the professors' complaint with prejudice, and award the school costs and attorneys' fees.

The dispute stems from a February announcement that Mitchell would merge with Hamline University School of Law by this fall to address falling enrollment.

Moy and Radsan filed suit claiming that Mitchell is trying to change its tenure code in order to cut faculty for the merger. They asked the court to rule that the school's effort is a breach of contract.

Mitchell said in court documents that the tenure code has been revised multiple times, and allows further amendment "at any time, following reasonable notice to and consultation with the faculty, by majority vote of the Board of Trustees."

Mitchell is working with faculty on a possible amendment to facilitate layoffs if they are required in the merger, the school said.

There is no final version of an amendment, and no determination of whether layoffs will be necessary, the school added.

Radsan has said that the school is purposely keeping faculty in the dark in order to pressure them to take voluntary buyouts.

The suit he filed with Moy alleges that Mitchell's president and dean, Eric Janus, and associate dean, Mary Pat Byrn, said that firing decisions would be based on a faculty member's loyalty to Janus and the school.

The school's answer alleges that Moy's performance assessments have caused him to feel insecure about his employment, and that Radsan has a history of "disrespectful, personal attacks, and needlessly disruptive communication" with others at Mitchell.

Colleagues and co-workers have complained to the school about Radsan's behavior, the school said in its court filing, and Radsan has been warned that it could be grounds for dismissal.

The merger has not yet been approved by the American Bar Association.

Chao Xiong • 612-270-4708