Texas State will reinstate associate history professor Tom Alter, following due process procedures, after a Hays County judge granted him a temporary restraining order.
“Texas State University respects the court’s decision and will reinstate Dr. Alter with pay, pending the outcome of a due process hearing which had been previously scheduled,” Jayme Blaschke, assistant director of media relations, wrote in an email to The Star. “Dr. Alter will not be permitted to teach classes at Texas State until due process has run its course. The university looks forward to resolving this issue in a timely manner.”
The order was issued Friday afternoon by Judge Alicia Key.
Alter was fired on Sept. 10 after videos of him speaking at an online socialism convention were posted online.
According to a statement released by Texas State President Kelly Damphousse on Sept. 10, Alter was terminated for “conduct that advocates for inciting violence.” Damphousse’s statement said Alter’s comments in the videos were “serious professional and personal misconduct.”
“As a result, I have determined that Dr. Alter’s actions are incompatible with his responsibilities as a faculty member at Texas State University,” Damphousse wrote in the statement. “Effective immediately, his employment with Texas State University has been terminated.”
Alter’s attorney filed the lawsuit on Sept. 16 against Texas State University, the Texas State University System, Damphousse and Provost Pranesh Aswath.
“Yet, when Dr. Thomas Alter, a tenured associate professor of history, participated in civic and political discourse solely in his individual capacity, Texas State University terminated his employment,” Alter’s attorney, Amanda Reichek wrote in the lawsuit’s complaint. “It did so without an ounce of due process, and even while recognizing that ‘freedom of speech and principles of academic freedom are central to the mission of institutions of higher education.’”
Reichek provided The Star with the email Aswath sent notifying Alter of his termination.
“You were recently informed that a complaint was made against you for your participation at a recent conference,” Aswath wrote in the email. “The resulting investigation conducted by the university has determined that grounds exist for your summary dismissal.”
According to Alter, he first found out about his termination through Damphousse’s statement while he was at his son’s soccer practice. Alter said he was also sent a termination email from the Provost, but wasn’t sure if it was sent out before or after Damphousse’s statement was posted online.
In addition to the temporary restraining order, Alter is looking for back pay, compensatory damages, punitive damages and attorney’s fees from Damphousse and Aswath. He is also asking for a declaration that their actions violated the due process and free speech clauses of the U.S. and Texas constitutions.
This is a developing story. The University Star will provide updates as they become available.
