Salaita v. Kennedy, et al. Historic Case
Date Filed:
January 29, 2015
Current Status
On November 12, 2015, Professor Salaita reached an agreement with the university and university officials to settle his claims against them for breaching his employment contract and violating his constitutional rights.
-
Maria LaHood
-
Omar Shakir
-
Baher Azmy
-
Leah Todd
Co-Counsel
Anand Swaminathan, Gretchen Helfrich, Steven Art, Jon Loevy and Art Loevy of Loevy & Loevy
Case Description
Salaita v. Kennedy, et al. was a lawsuit on behalf of Steven Salaita, a Palestinian-American professor of indigenous studies who was fired from a tenured position at the University of Illinois at Urbana-Champaign following pressure from donors who did not like some of his personal tweets criticizing the Israeli government’s assault on Gaza in 2014. The lawsuit alleged that Professor Salaita's termination in retaliation for his protected speech on an issue of public concern violated the First Amendment and principles of academic freedom as well as his due process rights. The case was part of the Center for Constitutional Rights' longstanding support for the struggle for Palestinian human rights and the effort to ensure that those engaged in that struggle in the U.S. are not silenced or punished for it.
Professor Salaita is a nationally recognized scholar of the effects of colonization on indigenous people and a prolific academic. He was a tenured English professor at Virginia Tech University when UIUC's College of Liberal Arts and Sciences offered him a tenured position in its American Indian Studies Program. Based on the contract Professor Salaita had with the University of Illinois, he and his wife resigned their jobs at Virginia Tech University and prepared to move their family to Illinois. Two weeks before Professor Salaita was due to start teaching, he received a letter from Chancellor Phyllis Wise and Vice President Christophe Pierre summarily informing him that his appointment had been terminated. It offered no explanation.
University officials later acknowledged that their decision was based on Professor Salaita’s tweets critical of Israeli government atrocities in Gaza that they deemed “uncivil.” Yet Professor Salaita consistently received stellar student evaluations, including in the category of “concern and respect for students.” Documents obtained through FOIA requests revealed pressure from donors who threatened to withdraw financial support from the university if it did not fire Salaita. This pressure was consistent with broader efforts by outside groups to silence Palestinian human rights activists on campuses across the country.
Prior to filing the case, attorneys filed a separate Freedom of Information Act (FOIA) lawsuit against the University of Illinois on behalf of Professor Salaita seeking email correspondence to and from administrators and trustees regarding his firing.
Professor Salaita’s termination gathered national and international attention and drew widespread criticism. More than 5,000 academics from around the country pledged to boycott the institution, resulting in the cancellation of more than three dozen scheduled talks and conferences at the school. Sixteen academic departments of the university voted no confidence in the university administration, and prominent academic organizations, including the American Association of University Professors, the Modern Language Association, and the Society of American Law Teachers, publicly condemned the university’s actions. A public petition for Professor Salaita's reinstatement garnered thousands of signatures. For more information, see Professor Salaita's op-ed in the Chicago Tribune, "U. of I. destroyed my career," and the factsheet on this case.
Salaita settles case against university
November 12, 2015
Salaita settles case against university
Professor Salaita reaches a settlement with the university and university officials. The agreement settles all of Professor Salaita’s claims against the university, including for breaching his employment contract and violating his First Amendment and due process rights. In exchange, the university agrees to pay Professor Salaita $875,000, a victory for academic freedom.
CCR files amended complaint
August - September 2015
CCR files amended complaint
The amended complaint makes new allegations regarding the use of personal e-mail accounts by university administrators and the deletion of e-mails in order to conceal and destroy evidence relevant to the case. The motion to amend the complaint is filed on August 25, 2015 and granted on August 27, 2015. The university files its answer to the amended complaint on September 10, 2015. Professor Salaita's motion for entry of an order to preserve evidence is granted on September 29, 2015.
FOIA lawsuit: University releases personal e-mails of administrators related to Salaita termination
August 7, 2015
FOIA lawsuit: University releases personal e-mails of administrators related to Salaita termination
Following the university's launch of an ethics inquiry regarding the use of personal e-mail accounts by university administrators in order to avoid e-mails being released subject to FOIA, the university produces a series of personal e-mails from administrators relevant to Professor Salaita's termination.
Court denies university’s motion to dismiss
August 6, 2015
Court denies university’s motion to dismiss
Judge Leinenweber denies the university’s motion to dismiss the lawsuit in major part, noting that, “[i]f the Court accepted the University’s argument, the entire American academic hiring process as it now operates would cease to exist.”
AAUP votes to censure university
June 13, 2015
AAUP votes to censure university
At its annual meeting, the American Association of University Professors (AAUP) votes to censure the University of Illinois at Urbana-Champaign for its termination of Professor Salaita. According to the AAUP, censure is reserved for a situation involving "a major departure" from AAUP standards of sound academic practice that "remains unresolved."
FOIA lawsuit: Hearing on motions for summary judgment; oral ruling ordering release of e-mails
June 12, 2015
FOIA lawsuit: Hearing on motions for summary judgment; oral ruling ordering release of e-mails
The university files a motion for summary judgment in the FOIA case on April 27, 2015, arguing that the request is “unduly burdensome.” In a hearing on June 12, 2015, lawyers for Professor Salaita, who are also seeking summary judgment, argue that the public’s interest in disclosure of this information outweighs the burden on the university of producing it. In an oral ruling from the bench, the judge orders the university to release the e-mails.
American Association of University Professors (AAUP) releases scathing report on Professor Salaita's termination
April 28, 2015
American Association of University Professors (AAUP) releases scathing report on Professor Salaita's termination
The American Association of University Professors (AAUP) releases a report on its detailed investigation into Professor Salaita's termination that concludes it amounted to a summary dismissal and violated principles of academic freedom, standards of academic governance, and due process. The report notes that "the issues raised by the case were of the highest importance for the university and for higher education nationally."
Briefing on motion to dismiss
February - April 2015
Briefing on motion to dismiss
The university files a motion to dismiss on February 25, 2015. The American Jewish Committee files a motion for leave to submit an amicus brief on March 24, 2015. CCR and and co-counsel file their opposition to AJC's motion on March 27, 2015 and their opposition to the motion to dismiss on March 30, 2015. The university files its reply in support of the motion to dismiss on April 20, 2015. Judge Leinenweber denies the American Jewish Committee's motion to submit an amicus brief on April 21, 2015.
FOIA lawsuit: Plaintiffs file amended complaint, university files answer
February - March 2015
FOIA lawsuit: Plaintiffs file amended complaint, university files answer
The amended FOIA complaint is filed on February 27, 2015. The university files its answer on March 13, 2015.
CCR and co-counsel file complaint
January 29, 2015
CCR and co-counsel file complaint
CCR and Loevy & Loevy file a complaint in federal court on behalf of Professor Salaita against the university and its officials for violations of his constitutional rights to free speech and due process and for breach of his employment contract.
University announces it will not follow CAFT report's recommendations
January 15, 2015
University announces it will not follow CAFT report's recommendations
UIUC's Senate Committee on Academic Freedom and Tenure (CAFT) releases report critical of Professor Salaita’s firing
December 23, 2014
UIUC's Senate Committee on Academic Freedom and Tenure (CAFT) releases report critical of Professor Salaita’s firing
The University of Illinois at Urbana-Champaign Senate Committee on Academic Freedom and Tenure (CAFT) releases a report on Professor Salaita’s firing that finds the university's actions with regard to Professor Salaita violated his academic freedom and due process rights and recommends that his candidacy be remanded to the College of Liberal Arts and Sciences for a limited review of his scholarship by a body of qualified academic experts and that he be provided an opportunity to be heard.
FOIA lawsuit: Freedom of Information Act (FOIA) lawsuit filed
November 17, 2014
FOIA lawsuit: Freedom of Information Act (FOIA) lawsuit filed
CCR's co-counsel in Chicago, Loevy & Loevy, files a Freedom of Information Act (FOIA) lawsuit against the University of Illinois on behalf of Professor Salaita. The FOIA suit seeks records, including email correspondence to and from administrators and trustees surrounding Professor Salaita's firing. The university initially denies the FOIA request as "unduly burdensome,” and even though the request is then substantially narrowed, the university continues to refuse to comply with the FOIA law and produce the documents that reveal the full story behind its decision to fire Professor Salaita from a tenured position.
University Board of Trustees votes to terminate Professor Salaita
September 11, 2014
University Board of Trustees votes to terminate Professor Salaita
Professor Salaita speaks publicly about his termination
September 9, 2014
Professor Salaita speaks publicly about his termination
Professor Salaita speaks publicly for the first time about the termination of his position at a press conference with his attorneys.
Chancellor Wise releases statement
August 22, 2014
Chancellor Wise releases statement
Chancellor Wise asserts that the decision not to recommend Professor Salaita's appointment was made because his speech was "uncivil."
CCR sends letter to Chancellor Wise
August 7, 2014
CCR sends letter to Chancellor Wise
Prior to representing Professor Salaita, CCR sends a letter to Chancellor Phyllis M. Wise regarding her decision to terminate the appointment of Professor Steven Salaita based on the content of his constitutionally-protected speech critical of the Israeli government’s actions in Gaza.
University notifies Professor Salaita of his termination
August 2, 2014
University notifies Professor Salaita of his termination
The Vice President and Chancellor of the university email Professor Salaita to notify him that his appointment will not be recommended for submission to the Board of Trustees in September.
Professor Salaita is offered tenured position
October 3, 2013
Professor Salaita is offered tenured position
After a lengthy review process, Professor Steven Salaita is offered a tenured position in the American Indian Studies Program at the University of Illinois at Urbana-Champaign, which he accepts on October 9, 2013.
Last modified: February 3, 2023