Nossen notified Plaintiff that he was removed from the payroll effective October 17, 1970, "subject to final approval by the Board of Trustees." (Undisputed)
42. At its October 23, 1970 meeting, the Board of Trustees received an "oral report" from Defendant Nossen regarding the activities of Plaintiff and was notified that Plaintiff had been "relieved of . . . teaching responsibilities with full pay following oral and written directives of College administrators requesting [him] to meet [his] assigned classes, directives which were not followed."
43. At its October 23, 1970, meeting, the Board of Trustees heard read into the record the correspondence between Defendant Nossen and Plaintiff regarding the scheduling controversy which gave rise to Plaintiff's removal from teaching responsibilities. At the conclusion of the presentation of correspondence between Defendant Nossen and Plaintiff regarding the scheduling controversy, Defendant members of the Board of Trustees voted unanimously to approve the October 19 action of Defendant Nossen terminating Plaintiff, effective October 17. (Undisputed)
44. No member of the Board mentioned that the Constitution might require a pretermination hearing.
45. Nossen did not know that Skehan had a constitutional right to a pretermination hearing.
46. By letter of October 24, 1970, Defendant Nossen notified Plaintiff that he was "fully and finally terminated at the College effective October 17, 1970," as a result of the Board of Trustees' action at its meeting on October 23, 1970, confirming the prior dismissal action taken by Defendant Nossen. He added that there was "no other possible alternative" to this action. (Undisputed)
47. Despite Plaintiff's termination on October 19, 1970, the Plaintiff refused to recognize the same and continued to meet with students in accordance with pre-existing schedules and in the rooms regularly scheduled for such classes.
48. Plaintiff informed his students that they would receive academic credit from Bloomsburg State College for attending his classes.
49. The college officials were obliged to schedule classes at different locations because of Plaintiff's activities.
50. The Administration at Bloomsburg State College informed Skehan's students, after he was relieved of classroom responsibilities, that no credit would be given for attending Skehan's classes.
51. Plaintiff refused to vacate his office after the above mentioned suspension and termination.
52. The Plaintiff's activities just mentioned caused great confusion among the students and the faculty.
53. The students were uncertain as to which class or classes to attend.
54. Defendant Nossen filed an action against Plaintiff in the Court of Common Pleas of Columbia County, Pa. in December, 1970 to restrain the Plaintiff from conducting classes and occupying classrooms in defiance of administrative orders after his termination as a faculty member.
55. On March 12, 1971, the Court of Common Pleas with Honorable G. Thomas Gates of Lebanon County, specially presiding by order of the Supreme Court of Pennsylvania, entered a consent decree enjoining Plaintiff from conducting classes at Bloomsburg State College.
56. Defendant Nossen kept the Department of Justice of the Commonwealth of Pennsylvania informed concerning developments in the Skehan controversy and consulted with Deputy Attorney General Williams on a regular basis concerning this matter.
57. The Superintendent of Education had two attorneys on his staff during the years 1968-1970. (Undisputed)
58. The attorneys on the staff of the Superintendent of Education were available for consultation with Defendant Nossen concerning his official responsibilities during this period.
59. No one in the Department of Justice of the Commonwealth of Pennsylvania ever informed Nossen prior to the filing of this suit that it was unconstitutional to terminate Skehan in October, 1970 without a prior hearing.
60. Nossen conferred with the American Association of University Professors concerning Bloomsburg State College's dispute with Skehan.
61. Skehan received a hearing concerning his termination in October, 1970 on December 1, 1970.
62. Member of the Board of Trustees Frank D. Croop received a legal degree from Dickinson School of Law, had served as a member of the Pennsylvania Constitutional Convention and had served as an arbitrator concerning public employment contracts. (Undisputed)
63. Croop was present when the Board of Trustees of Bloomsburg College approved the firing of Skehan on October 23, 1970.
64. Member of the Board of Trustees George W. Heffner from 1968 to the present has been Judge of the Court of Common Pleas of Schuylkill County, Pennsylvania.
65. Heffner was present when the Board of Trustees of Bloomsburg College approved the firing of Skehan on October 23, 1970.
66. On October 21, 1970, when Skehan went to Nossen's office to request a salary check, Nossen pounded on the table and stated that he intended to "ruin" and "destroy" Skehan.
Nossen contends that even if Article 5e of the Statement of Policy for Continuous Employment and Academic Freedom at Bloomsburg State College creates a contractual right for a hearing when a nontenured professor alleges that the decision not to renew him for the following academic year was based upon considerations violative of academic freedom, such an entitlement only arises against the college, not against any officer or official of that institution and therefore the Court lacks jurisdiction over this issue. Nossen's argument assumes that Pennsylvania law determines who can be sued for a constitutional violation pursuant to 42 U.S.C. § 1983. Pennsylvania law is referred to in order to determine if a contractual interest exists. If the contract interest is created by state law, then certain due process procedures required by the Fourteenth Amendment of the United States Constitution attach. Board of Regents v. Roth, 408 U.S. 564, 92 S. Ct. 2701, 33 L. Ed. 2d 548 (1972); Perry v. Sindermann, 408 U.S. 593, 92 S. Ct. 2694, 33 L. Ed. 2d 570 (1972). The question as to who is liable is determined by federal law, not state law. Consequently, the Court rejects Nossen's contention that it lacks jurisdiction over this issue.
To determine whether 5e creates a contract claim pursuant to Pennsylvania law, the entire document in which it is contained, the Statement of Policy, must be examined. The Statement of Policy was adopted by the Board of Trustees at Bloomsburg State College on April 26, 1968. It is prefaced by the following statement:
"Bloomsburg State College, wishing to insure the more effective services of faculty members is willing to take steps to protect their economic security."
"The adoption of any policy regarding employment involves a voluntary limitation of authority of the President and the Board of Trustees as set forth in the administrative code."