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Ohio Northern University (ONU) is facing legal battles on multiple fronts after firing Professor Scott Gerber following his outspoken opposition to the school’s diversity, equity, and inclusion (DEI) policies. The controversy has now escalated into a federal lawsuit, with the university suing Gerber after he took legal action to challenge his dismissal.
Gerber, a tenured professor and longtime critic of ONU’s DEI initiatives, became the subject of an administrative investigation in January 2023. Despite repeated requests, ONU refused to disclose the specific accusations against him. When he was finally informed of his alleged failure to maintain “collegiality,” free speech advocacy group FIRE argued that this charge resembled retaliation for his views on DEI, potentially violating ONU’s commitment to academic freedom.
In April 2023, ONU ordered campus police to remove Gerber from his classroom and escort him to the dean’s office, where he was pressured to resign immediately. Gerber refused, and the university terminated his employment. A state judge later criticized ONU’s “callous disregard for due process” and allowed Gerber’s breach of contract case to proceed to trial, citing the school’s “troubling” lack of justification for his termination.
Instead of addressing concerns raised in court, ONU responded by suing Gerber in federal court on Jan. 20, alleging that his lawsuit was a “perverted” effort to “unleash political retribution” against the university. The lawsuit accuses Gerber of attempting to “manufacture outrage” and claims his legal challenge constitutes an unlawful “abuse of process.”
A key aspect of ONU’s complaint is Gerber’s public statements regarding his firing. The university objects to his writings in The Wall Street Journal and a press release from his attorneys at America First Legal, dismissing them as a “manufactured narrative.” However, Gerber and his legal team maintain that their statements rely on ONU’s own records and policies, which the state court has deemed sufficient to warrant trial.
Critics have condemned ONU’s lawsuit as a classic example of a Strategic Lawsuit Against Public Participation (SLAPP)—a legal tactic intended to silence dissent by burdening individuals with costly litigation. By forcing Gerber to defend himself in federal court while preparing for his state trial, ONU’s actions raise broader concerns about the use of legal intimidation against faculty members.
“Professors should not have to go to court to defend their right to free speech,” said a spokesperson for FIRE. “And universities should not be using litigation to silence their critics.”
The Foundation for Individual Rights and Expression (FIRE) notes:
“Disturbingly, the crux of ONU’s complaint rests on Gerber’s protected speech. The university faults Gerber for expressing accurate information about his ordeal in the Wall Street Journal and through a press release published by his attorneys at America First Legal, maligned by ONU as a “manufactured narrative” designed to “manufacture outrage.” Yet Gerber and America First Legal cite the university’s own words and policies to make his case, which a state court has allowed to proceed by rejecting ONU’s efforts to dismiss his claims.”
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