Missoulian: Natelson wins UM dispute
I blogged on this a while back. Robert Natelson is a law professor who wrote, among other things, an important law review article on the origins of the condominium form of ownership. He wanted to teach Constitutional Law at the University of Montana, where he teaches Property and other things. They wouldn't let him. He argued that it was because of his political conservatism--in other words, it was viewpoint discrimination. Now, here is the resolution of his complaint:

Conservative activist Rob Natelson, who claimed he was the victim of political discrimination at the University of Montana, has triumphed in a campus battle to teach constitutional law.

University President George Dennison announced Natelson's new teaching assignment Thursday after accepting a hearing officer's report concluding Natelson, a UM law professor since 1987, had been treated unfairly at the Law School. Hearing officer Donald Robinson found Natelson had been unfairly denied the opportunity to teach constitutional law, but stopped short of addressing the professor's complaint of discrimination based on his personal politics. Dennison appointed Robinson, a Butte attorney, as hearing officer after Natelson sought to take his complaint to the state Board of Regents in July. The regents declined to intervene.

"I am very pleased," Natelson said. "I think it's time to put the acrimony behind us."

Natelson's faculty colleagues reacted coolly to the decision, but Law School Dean Edwin Eck vowed to move beyond the contentious issue for the sake of students.

For Natelson, the outcome settles a long struggle with his employer. His grievance, which covered two distinct themes - political discrimination and violation of department hiring procedures - was given an expedited hearing at Dennison's request.

Natelson, who has twice run as a Republican for governor and led ballot-issue campaigns to limit taxes, accused UM of discriminating against him once his conservative political views became public in 1993.

That discrimination, he said, made itself known every time he requested to teach constitutional law and denied that opportunity as well as other job benefits.

After reviewing the conclusions crafted by the hearing officer, Dennison agreed that UM's Law School gave preference in the past to a few faculty members seeking internal transfers, a practice which Robinson identified as "collegial preference."

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