Legal Question in Civil Litigation in Texas

Libel damages or recourse

If a non-tenured professor is the subject of libelous statements from a discontented student in retaliation to receiving an unwanted grade, does the professor have recourse in the event that these statements damage their professional reputation and/or serve as a basis for non-renewal of services? This question assumes that these libelous statements can be proven false by the professor. The professor is an ''at will'' employee.


Asked on 6/12/09, 1:25 am

1 Answer from Attorneys

Charles Williamson Charles J. Williamson, Attorney At Law

Re: Libel damages or recourse

Yes, you would have recourse, even if tenured, but that recourse is against the libelous student, not the school. Seems to me that the damage would have already been done long before you received a judgment in your favor in this sort of thing - i.e., you would have already lost your position and have a damaged reputation. While these are, no doubt at all, very valuable and would likely result in a large damages claim, consider that it is a student who you would have to pursue to get the judgment. Since most students are dirt poor, it could turn out to be a very large exercise in futility. Don't mean to sound so discouraging but want to make sure you're considering everything about this before you make a move. Of course, if there are more facts involved in this matter, this advice could change. Hope this helps a little.

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Answered on 6/12/09, 10:20 am


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