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East Georgia College: Professor Fired Without a Hearing over Mysterious 'Sexual Harassment' Charge

During a faculty training session in 2009, Professor Thomas Thibeault argued that East Georgia College's (EGC's) sexual harassment policy was flawed for not offering protection against false or malicious accusations of harassment. Two days later, EGC President John B. Black ordered Thibeault to resign his position or be fired and have his "long history of sexual harassment ... made public." Thibeault had never before faced such charges. He refused to resign and was escorted from campus by police. Black later informed Thibeault that he had only been "suspended" but that he faced termination for sexual harassment, and failed to provide Thibeault with a hearing or a chance to review any charges against him. After the Georgia Attorney General's office began to investigate, Black abandoned the sexual harassment claim and reinstated Thibeault, but EGC censured Thibeault for his allegedly "offensive" speech and refused to rehire him. In 2010, Thibeault filed a lawsuit against EGC, Black, and Vice Chancellor for Legal Affairs Mary Smith, alleging violations of his free speech rights. The parties reached a settlement in August 2011 in which Thibeault and his attorneys received $50,000, President Black was required to provide a letter of reference for Thibeault, and all references to Thibeault's termination were removed from his employee file.

Case Materials

• "East Georgia College Settles Lawsuit for $50,000 After Firing Professor Who Criticized Sexual Harassment Policy," September 6, 2011: East Georgia College (EGC) has paid $50,000 to Professor Thomas Thibeault and his attorneys after firing Thibeault and having him escorted away by police for criticizing the school's sexual harassment policy. Thibeault was reinstated due to lack of evidence, but EGC President John Bryant Black refused to renew Thibeault's faculty appointment. Thibeault sued, leading the college to settle last month. Thibeault came to FIRE for help.
• "Thomas Thibeault Settlement with East Georgia College," August 5, 2011
• "Complaint filed in U.S. District Court, Southern District of Georgia, August 5, 2010," August 5, 2010
• "Letter to Dr. John Black from Chief Operating Officer Robert Watts, November 19, 2009," November 19, 2009
• "College Abandons Mysterious ‘Sexual Harassment’ Charge for Lack of Evidence; New Reprimand Issued Against Professor for Unspecified ‘Offensive’ Speech Without Any Notice, Evidence, or Hearing," November 3, 2009: Under pressure from the Foundation for Individual Rights in Education (FIRE), East Georgia College (EGC) has withdrawn an unfounded charge of "sexual harassment" against a professor who criticized the school's sexual harassment policy. EGC President John B. Black dismissed Professor Thomas Thibeault from campus and had him escorted from campus by police in August. Thibeault was treated as a dangerous criminal without a hearing or even knowing his accuser or the charges or evidence against him. Thibeault was finally notified on October 20 that he had been reinstated due to lack of evidence, but Black has now violated Thibeault's free speech and due process rights again by issuing Thibeault a "reprimand" for unspecified "offensive" speech—again without presenting any notice, hearing, evidence, or witnesses.
• "Memo from East Georgia College to Professor Thomas Thibeault, October 27, 2009," October 27, 2009
• "Letter from East Georgia College President John Black to Professor Thomas Thibeault, October 20, 2009," October 20, 2009
• "Professor Fired, Escorted from Campus by Police over Mysterious ‘Sexual Harassment’ Charge Two Days after Complaining about Defects in Policy," September 15, 2009: The abuse of campus sexual harassment policies to punish dissenting professors has hit a new low at East Georgia College (EGC) in Swainsboro. Professor Thomas Thibeault made the mistake of pointing out—at a sexual harassment training seminar—that the school's sexual harassment policy contained no protection for the falsely accused. Two days later, in a Kafkaesque irony, Thibeault was fired by the college president for sexual harassment without notice, without knowing his accuser or the charges against him, and without a hearing. Thibeault turned to FIRE for help.
• "Letter to President Black from Professor Thomas Thibeault," August 28, 2009
• "FIRE Letter to University System of Georgia Chancellor Erroll B. Davis Jr.," August 27, 2009
• "Second Letter to Professor Thomas Thibeault from East Georgia College President John Bryant Black," August 25, 2009
• "Professor Thomas Thibeault's Written Account of the Meeting with President Black," August 20, 2009
• "Letter to Professor Thomas Thibeault from East Georgia College President John Bryant Black," August 11, 2009
• "Letter to Professor Thomas Thibeault from East Georgia College President John Bryant Black," August 7, 2009
• "Professor Thomas Thibeault's Notes from EGC's Sexual Harassment Training," August 5, 2009

Blog Entries

• "Georgia Official Goes from One Free Speech Fiasco to Another," by Adam Kissel, June 18, 2012
• "East Georgia College Settles Lawsuit for $50,000 After Firing Professor Who Criticized Sexual Harassment Policy," September 6, 2011
• "East Georgia College Update: Professor Sues over Violation of Free Speech," by Adam Kissel, August 10, 2010
• "National Publications Report on East Georgia College's Violations of a Professor's Rights ," by Adam Kissel, November 4, 2009
• "East Georgia College Abandons Mysterious ‘Sexual Harassment’ Charge for Lack of Evidence; Case Far from Over Due to New Rights Violations ," by Adam Kissel, November 3, 2009
• "'Popehat' Slams East Georgia College for Mistreatment of Professor," October 9, 2009
• "Two Months After Vague Allegation of 'Sexual Harassment,' No Evidence or Accuser in Sight at East Georgia College," by Adam Kissel, October 7, 2009
• "'Atlanta Journal-Constitution' is Latest to Highlight Wrongdoings in East Georgia Case," by Peter Bonilla, September 28, 2009
• "Breitbart.tv Covers Mysterious 'Sexual Harassment' Case at East Georgia College," by Adam Kissel, September 23, 2009
• "Rights in the News: East Georgia College on the Hot Seat as FIRE's Public Campaign Heats up," by Peter Bonilla, September 18, 2009
• "Memo to East Georgia College: If You Fire a Professor for Criticizing Your Policies, People Will Notice," by Peter Bonilla, September 18, 2009
• "East Georgia College Makes Mockery of Due Process in Firing Professor," by Adam Kissel, September 16, 2009
• "Georgia Professor Fired, Escorted from Campus by Police over Mysterious ‘Sexual Harassment’ Charge Despite Zero Evidence Presented," by Adam Kissel, September 15, 2009

Media Coverage

• "Sacked professor reinstated - then reprimanded,"
  by Staff Editorial, University World News, November 8, 2009
• "The curious 'sexual harassment' charge,"
  by David Moltz, Inside Higher Ed, November 4, 2009
• "If they feel 'offended,' you're fired,"
  by Drew Zahn, WorldNetDaily, November 3, 2009
• "Instructor Suspended After Criticizing Sex-Harassment Policy Is Reinstated,"
  by Robin Wilson, The Chronicle of Higher Education, November 3, 2009
• "A prophet is not without honor, but in his own college,"
  by Staff Editorial, Popehat, October 8, 2009
• "A Georgia professor’s fight for due process,"
  by Kyle Wingfield, Atlanta Journal-Constitution, September 25, 2009
• "Professors have freedom of speech,"
  by George Leef, The John Williams Pope Center for Higher Education, September 17, 2009
• "Here today, gone tomorrow,"
  by David Moltz, Inside Higher Ed, September 16, 2009
• "Instructor criticizes sex-harassment policy, then is accused of violating it,"
  by Robin Wilson, The Chronicle of Higher Education, September 15, 2009