Texas Tech University asked a judge on Friday take back his judgment against the university.
State District Judge Ruben Reyes ordered Texas Tech to stop violating the free speech rights of James Wetherbe, Ph.D., promote him to the rank of Horn Professor, and pay Wetherbe’s court costs and attorney fees. The judgment was based on a technicality, and the request to throw it out is also based on a technicality.
Wetherbe filed more than one lawsuit starting in 2012. The most recent one was filed in April.
Among other things, Wetherbe claimed Senior Associate Dean of the Rawls College of Business Administration, Debra Laverie, Ph.D., falsely accused him of using a listening device inside the school. Wetherbe claimed the false rumors were intended to sour his ability to apply for the job of Dean.
The motive, he claimed, was to punish him for speaking out against tenure.
Texas Tech freely admitted on Friday that the lawyer handling the case missed the deadline to file a written response to the most recent lawsuit. In the absence of a response, the judge simply ruled against Texas Tech.
But Tech found a technicality of its own. Wetherbe’s attorney properly notified Texas Tech of the lawsuit, however, he did not notify the office of Texas Attorney General. That extra notification is required by state law according to Texas Tech.
The most recent document filed by Texas Tech said both sides agree that the judgment should be set aside and the university should get another chance to respond.