Judge declines to hear university case

TAMPA, Fla., Dec. 16 (UPI) -- A Tampa judge said Monday she would not hear a suit by the University of South Florida, which is seeking a go-ahead to fire a Palestinian professor without fear of legal action.

U.S. District Judge Susan Bucklew said a declaratory judgment would not be appropriate in the case because a collective bargaining agreement with the American Association of University Professors provides for arbitration.

"This court finds that a declaratory judgment in this case would not be a wise and practical use of judicial resources," Bucklew wrote.

The university says Professor Sami Al Arian has violated his faculty contract by supporting terrorism, among other things. It wants to be able to fire him without facing a First Amendment lawsuit.

"The University of South Florida filed the motion for declaratory judgment to ensure that the proposed action would not violate Dr. Al Arian's rights," said a statement relayed by media relations director Michael Reich. "We do not believe that terminating him would violate his rights, but this was an effort to make absolutely sure."

The university had said previously if Bucklew declined to hear the case it would fire Al Arian.

Al Arian denies ties to terrorism and says he will continue to fight for his job. He has been under federal investigation and on paid leave for more than a year.

Only the question of whether the court should step in was considered at a one-hour hearing Friday. The merits of the university's lawsuit were not discussed.

Attorney Bruce Rogow, representing the university, said cases involving the First Amendment are in a special category.

"This is different. This is the most sensitive area of the law, the most sensitive area of constitutional law," he said.

Al Arian's attorney, Robert McKee, said his clients wants the "faster, cheaper, easier way of arbitration."

USF said part of the reason it wants to fire Al Arian is because of inflammatory speech, making it a constitutional issue.

It also hopes to forestall a censure from the American Association of University Professors. But the association said it would have decided whether the school has violated the principles of academic freedom regardless of the ruling.