The Texas State University System announced that the Board of Regents voted to affirm the decision to revoke tenure and terminate the employment of David Wiley, following a second faculty Hearing Tribunal’s findings of sexual misconduct.
The decision came from the quarterly meeting conducted by the Board of Regents whose decision was informed by the TSUS Board of Regents Rules and Regulations Committee’s recommendation and a Faculty Hearing Tribunal’s “adverse findings of sexual misconduct,” according to the Quarterly Board of Regent’s meeting book on page 455.
Wiley was formerly tenured in the College of Education’s Department of Health & Human Performance. According to his Facebook and LinkedIn status, Wiley had been employed at Texas State since August 1988. Wiley was elected president of the American School Health Association in 2005, holds a Ph.D. and has authored and co-authored numerous academic articles.
According to the Board of Regent’s meeting book recommendations, the committee reviewed the record of the Title IX Proceedings, the record of Tenure Revocation Proceedings, and the letter briefs and the attached documentation submitted to the Board of Regents by Wiley through his legal counsel. The committee noted in their recommendations however, that they did not find any defects in procedures or substance that require reversal of the president’s decisions.
Katie Frank, an associate attorney with Sergi & Associates representing Wiley in the matter stated in an email response that the Tile IX process in higher education is failing everyone involved.
“Now that the TSUS Board of Regents has issued its decision, Dr. Wiley can finally begin a process where we hope his rights will be honored and protected by the court system,” Franks’ response stated. “The Title IX process in higher education is failing everyone involved. For better or worse, Dr. Wiley’s case will help to expose the broken Title IX system and how it failed to protect his rights as a tenured faculty member at Texas State University.”
Texas State issued a media release via its media relations office following the vote to revoke tenure and terminate Wiley citing the faculty Hearing Tribunal’s “adverse findings of sexual misconduct.”
“The Texas State University System Board of Regents voted to approve the Texas State University President’s May 2, 2019, affirmation of a faculty Hearing Tribunal’s adverse findings of sexual misconduct and recommended sanction of Dr. David Wiley,” the release reads. “The Board of Regents also approved the President’s October 2, 2019, decision to revoke the tenure and terminate the employment of Dr. Wiley, following a second faculty Hearing Tribunal’s findings of sexual misconduct and recommendation to revoke Dr. Wiley’s tenure and terminate his employment with Texas State University.”
The university stated that the referenced hearings were conducted by separate hearing tribunals, each consisting of five tenured full professors – were part of a “multi-step, formal process” used to adjudicate such complaints. However, due to a pending matter before a regulatory agency, the university is unable to provide additional information at this time.