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Saturday, December 1, 2012

DAVID L. HAWK VS. NEW JERSEY INSTITUTE OF TECHNOLOGY, ET AL. A-2059-11T3


 DAVID L. HAWK VS. NEW JERSEY INSTITUTE OF TECHNOLOGY,
ET AL.
A-2059-11T3
A tenured professor at New Jersey Institute of Technology (NJIT)
brought an action in the General Equity Part seeking to enjoin
pending "detenure" proceedings against him, claiming deprivation
of procedural due process in the university's internal
investigation of his conduct. The action was dismissed for
failure to exhaust administrative remedies, and we affirmed.
The assertion of a constitutional claim is but one factor
to be considered in determining whether judicial intervention is
justified, and in order to be relieved of the exhaustion
requirement, that claim must be a colorable one and not
dependent on facts to be developed at the administrative
proceeding, or capable of being vindicated therein.
Here, plaintiff's constitutional claim does not rise to the
level to warrant interlocutory judicial interference. The full
panoply of procedural due process rights does not attend the
administrative investigative stage and the process actually
afforded plaintiff pre-hearing was more than adequate. 10-29-12