The Kansas Supreme Court has dismissed the petition filed by two fired ESU professors to intercede in the appeal of their dismissals. 

“The Mandamus action we filed in the Supreme Court was totally appropriate and warranted in this situation but, we understood the Court may dismiss the petition for any number of reasons not having to do with how meritorious our case is, and we strongly believe in the merits of our clients’ case,” said Phillip Gragson, one of the petitioner’s lawyers, in an emailed comment. 

In September 2022, ESU President Ken Hush went before the Kansas Board of Regents (KBOR) to request the passing of the “Framework for Workforce Management,” which they did. The next day, 33 ESU professors were fired, effective in May, regardless of their tenured status. 

On Feb. 23, Christopher Lovett and Amanda Miracle, tenured professors in the ESU Department of Social Sciences, Sociology and Criminology, filed a Kansas Supreme Court case against the Office of Administrative Hearings, KBOR and the university. 

The petition requested the immediate halt of Lovett and Miracle’s OAH hearings; allowing professors’ discovery and the calling of witnesses; for OAH, KBOR and ESU to recognize the constitutional rights under the fifth and 14th Amendments and the awarding of damages, including legal fees. 

On Feb. 27, the Kansas Supreme Court denied the request for the hearings to be halted, but required all parties involved in the case to file a response. 

On March 31, the Court dismissed the full petition with no explanation given. 

“Emporia State University appreciates the work done by the Kansas Supreme Court to study the written legal arguments submitted by the parties and to make its considered and clear decision,” said Gwen Larson, director of media relations and internal communication and spokesperson for the university, in an email.

While the state high court dismissed the petition, the appeal cases before the OAH continue. No decisions have been announced, according to an OAH spokesperson. All of the appeal hearings were held between January and March.