Board of Regents v. Roth
Legal Issues
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The Facts
David Roth, a non-tenured assistant professor at Wisconsin State University, was not rehired after his one-year contract expired. The university provided no reason and no hearing. Roth sued, claiming the university violated his Fourteenth Amendment due process rights by failing to provide notice and a hearing before terminating his employment.
The Issue
Whether a non-tenured public employee has a constitutionally protected property interest in continued employment that triggers due process protections when employment is terminated without cause.
The Rules
No State shall deprive any person of life, liberty, or property, without due process of law.
To have a property interest protected by the Fourteenth Amendment's due process clause, a person must have more than an abstract need or desire for a particular benefit; he must have a legitimate claim of entitlement to it. Property interests are not created by the Constitution; they are created and defined by existing state law.
The Application
Roth's one-year contract with the university created no constitutionally protected property interest in reemployment because it was explicitly limited in duration and did not constitute a promise of continued employment beyond its terms. Wisconsin state law and university policy provided no independent source creating a legitimate entitlement to renewal. Roth possessed only a contractual right to compensation during the contract year, not a claim of continuing employment. Although Roth had a reasonable expectation of rehiring based on his job performance and status as an assistant professor, the Court determined that subjective expectation alone cannot create a property interest; the source must be external law or policy, not unilateral wishes. Therefore, the university could decline to renew without satisfying procedural due process requirements, as there was no deprivation of a constitutionally protected interest in the first place.
The Conclusion
**The Supreme Court held 5-3 that Roth had no protected property interest in reemployment because his contract was for a fixed term that expired.** The Court established that the source of a property interest is state law or mutually explicit understandings, not the Constitution. Due process protections apply only to deprivations of interests created or recognized by existing state law.
Case Analysis
Overview
The Court held that property interests requiring due process protection must be created by state law, not the Constitution itself.
Overview
The Court held that property interests requiring due process protection must be created by state law, not the Constitution itself.
Facts
David Roth, a non-tenured assistant professor at Wisconsin State University, was not rehired after his one-year contract expired. The university provided no reason and no hearing. Roth sued, claiming the university violated his Fourteenth Amendment due process rights by failing to provide notice and a hearing before terminating his employment.
Facts
David Roth, a non-tenured assistant professor at Wisconsin State University, was not rehired after his one-year contract expired. The university provided no reason and no hearing. Roth sued, claiming the university violated his Fourteenth Amendment due process rights by failing to provide notice and a hearing before terminating his employment.
Issue
Whether a non-tenured university professor possesses a constitutionally protected property or liberty interest in continued employment that triggers procedural due process rights before a decision not to renew the professor's contract.
Issue
Whether a non-tenured university professor possesses a constitutionally protected property or liberty interest in continued employment that triggers procedural due process rights before a decision not to renew the professor's contract.
Rule
Under Board of Regents v. Roth, 408 U.S. 564 (1972), property interests protected by due process arise from independent sources, statutes, contracts, or policies, that create legitimate claims of entitlement, not mere unilateral expectations. A liberty interest may be implicated if a non-renewal decision stigmatizes the employee by foreclosing other employment opportunities or damages reputation in connection with the decision.
Rule
Under Board of Regents v. Roth, 408 U.S. 564 (1972), property interests protected by due process arise from independent sources, statutes, contracts, or policies, that create legitimate claims of entitlement, not mere unilateral expectations. A liberty interest may be implicated if a non-renewal decision stigmatizes the employee by foreclosing other employment opportunities or damages reputation in connection with the decision.
Analysis
Roth's one-year contract with the university created no constitutionally protected property interest in reemployment because it was explicitly limited in duration and did not constitute a promise of continued employment beyond its terms. Wisconsin state law and university policy provided no independent source creating a legitimate entitlement to renewal. Roth possessed only a contractual right to compensation during the contract year, not a claim of continuing employment. Although Roth had a reasonable expectation of rehiring based on his job performance and status as an assistant professor, the Court determined that subjective expectation alone cannot create a property interest; the source must be external law or policy, not unilateral wishes. Therefore, the university could decline to renew without satisfying procedural due process requirements, as there was no deprivation of a constitutionally protected interest in the first place.
Conclusion
The Supreme Court held 5-3 that Roth had no protected property interest in reemployment because his contract was for a fixed term that expired. The Court established that the source of a property interest is state law or mutually explicit understandings, not the Constitution. Due process protections apply only to deprivations of interests created or recognized by existing state law.
Conclusion
**The Supreme Court held 5-3 that Roth had no protected property interest in reemployment because his contract was for a fixed term that expired.** The Court established that the source of a property interest is state law or mutually explicit understandings, not the Constitution. Due process protections apply only to deprivations of interests created or recognized by existing state law.
Notes
408 U.S. 564 (1972). Already present. Updated citation.
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