Sunday, May 4, 2008

CASE BRIEF: Dambrot v. Central Michigan University


Dambrot v. Central Michigan University


Title and citation

Dambrot v. Central Michigan University, 1995 FED App. 0168P (6th Cir.)


Facts

The issue was basketball coach Keith Dambrot repeatedly using the word “nigger” as a “motivational tool” during private team practices. Once it became known by officials that Dambrot used the term, he was investigated, coinciding with the filing of a complaint by a former player, and Dambrot was informed that his use of the word violated the University’s anti-harassment policy. As punishment, he accepted five days without pay. Once bad publicity had built up from the community in regard to the issue, the athletic director told Dambrot that his contract would not be renewed. Dambrot filed suit against the University, claiming that his rights to free speech, academic freedom, and due process had been violated.


Issues

1. Does Dambrot's use of the word "nigger" constitute harassment within the university's policy?


Held

1. No; the policy does not specifically identify an offensive environment.


Reasoning

The court found that the University’s policy was overbroad and void for vagueness because it does not specifically identify an offensive environment.


Decision

The court ruled in favor of the plaintiff, Keith Dambrot.


Significance

This case discusses the need for specificity in campus speech policies and again cites the void-for-vagueness issue when analyzing the speech code.

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