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Trejo vociferously opined that there is a relationship between pregnancy, orgasms, and extramarital affairs and went on to advocate sex outside marriage and extramarital affairs. Over the next 45 minutes, Trejo attempted to regale his dinner companions with a discussion of a documentary recently aired on a local television station concerning the sexual behavior of primates.

Trejo and the Illinois students were lodged in the same hotel that was also the site of the academic conference, and following the first day of presentations, they met with several of the conference attendees for late night drinks and a meal at the hotel's restaurant and bar. The complaints that Shoben received concerning Trejo were made by several female graduate students who approached Shoben upon their return from an academic conference in Toronto, Canada, they attended with Trejo in October 1995. The administrators then proceeded to conduct their own independent investigation and, after review, refused to renew Trejo's contract. Shoben, received several complaints from students about Trejo's misconduct and, after an investigation, expressed concerns about Trejo's “trustworthiness, lack of judgment, and serious problems relating to students, especially women.” Thereafter, Shoben drafted a report of his conclusions and findings and contacted the University's administrators and recommended Trejo's termination. In October 1995, the chairman of the psychology department, Edward J. The University came to the conclusion after an investigation that Trejo had failed to meet these expectations. Trejo's appointment was subject to renewal at the end of each school year, and he was eligible to be considered for tenure only if he met the University's expectations for teaching courses, researching and publishing articles, and serving as a mentor to students over the course of several years. Trejo was appointed to teach as a probationary, non-tenured assistant professor in the department of psychology at the University of Illinois. In August 1994, as part of an affirmative action plan, Leonard J.

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The district court dismissed Trejo's free speech claims and granted the University's motion for summary judgment with respect to Trejo's due process claims.

§ 1983, alleging that the University violated his constitutional rights to freedom of speech and due process under the Constitution of the United States and the State of Illinois. After the University terminated him in August 1997, Trejo filed suit under 42 U.S.C. Trejo was a non-tenured assistant professor of psychology at the University of Illinois Urbana-Champaign campus who received three one-year appointments to his position in each of the school years between 1994-97 before he got into trouble necessitating his discharge. Klaus (argued), Heyl, Royster, Voelker & Allen, Urbana, IL, for Defendants-Appellees. Robert Kirchner (argued), Lerner & Kirchner, Champaign, IL, for Plaintiff-Appellant.

Decided: January 30, 2003īefore FAIRCHILD, COFFEY and KANNE, Circuit Judges. Fitzgerald, et al., Defendants-Appellees. United States Court of Appeals,Seventh Circuit.