Ralph Walsh, Jr. v. Lisa Hodge, 975 F.3d 475

Background

Ralph Walsh, a contract professor at the University of North Texas Health Science Center, was accused by a student of sexual harassment after a conference banquet; an investigator (Kaiser) prepared a report substantiating the complaint and recommending discipline.
The University’s Faculty Grievance and Appeal Committee gave Walsh notice, 90 minutes to present, access to a redacted investigator report, and an internal hearing where Walsh testified and cross‑examined the investigator but the student did not testify.
Walsh sought to introduce photos from the event (denied) and claimed one committee member (Schranz) was biased because he had served as the student’s preceptor.
The Committee found Walsh violated the University’s sexual‑harassment policy and recommended termination; the President terminated Walsh before his contract expired.
Walsh sued individual university officials under 42 U.S.C. § 1983, alleging violations of Fourteenth Amendment procedural due process (biased tribunal; denial of a meaningful opportunity to confront the accuser and present evidence).
The district court denied qualified immunity in part; the Fifth Circuit held Walsh suffered a due‑process deprivation (failure to hear the accuser) but reversed on qualified immunity, ruling the right was not clearly established and rendering judgment for defendants.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Committee bias (impartial tribunal)	Schranz was biased because he served as the accuser’s preceptor and had regular contact with her.	Single committee member’s familiarity is insufficient to show actual bias; adjudicators are presumptively impartial.	No merit — one member’s acquaintance alone does not establish actual bias; summary judgment on qualified immunity appropriate as to bias claim.
Right to confront/cross‑examine accuser	Walsh needed to hear and test Student #1’s testimony (real‑time cross‑examination or reasonable substitute) because credibility was dispositive.	Allowing cross‑examination of the investigator and use of the investigator’s report sufficiently protected due process; protecting complainant and administrative efficiency justified substitutes.	The panel should have heard the student; a neutral party’s real‑time questioning by the panel with opportunity for the accused to submit questions would have sufficed (accused need not personally conduct cross‑examination). Court found a due‑process violation on this ground.
Qualified immunity / Clearly established law	The general right to a meaningful hearing should have put officials on notice that excluding the accuser’s direct testimony violated due process.	Circuit precedent and other authority were inconclusive and split on whether confrontation is required in university proceedings; no “fair‑warning” authority.	Defendants entitled to qualified immunity — the specific right was not clearly established at the time.
Exclusion of photos (evidence)	Denying admission of photos hampered Walsh’s ability to rebut the student’s account and thus violated due process.	Photos’ relevance/timing was unclear; evidentiary rulings were within the committee’s discretion and not arbitrary.	Exclusion did not violate a clearly established constitutional right; no relief on this basis.

Key Cases Cited

Mathews v. Eldridge, 424 U.S. 319 (sets the three‑factor balancing test for what process is due)
Levitt v. Univ. of Tex. at El Paso, 759 F.2d 1224 (5th Cir.) (describes due‑process protections owed to terminated professors)
Plummer v. Univ. of Houston, 860 F.3d 767 (5th Cir.) (student‑discipline decision discussing confrontation and the weight of corroborating evidence)
Haidak v. Univ. of Mass.‑Amherst, 933 F.3d 56 (1st Cir.) (favors some form of real‑time cross‑examination through the panel)
Malley v. Briggs, 475 U.S. 335 (qualified immunity standard — protects all but the plainly incompetent or those who knowingly violate the law)
Gilbert v. Homar, 520 U.S. 924 (due process implicated when public employees can be discharged only for cause)