Brief Fact Summary. Respondent Richard J. Homar was employed as a police officer at East Stroudsburg University (ESU). He was arrested while at the home of a family friend during a police drug raid, and ESU suspended Homar without pay effective immediately, and was later demoted to the position of groundskeeper after the criminal charges were dropped. Homar filed suit alleging that the failure to provide him with notice and an opportunity to be heard before suspending him without pay violated due process.
Synopsis of Rule of Law. The three factors of what process is constitutionally due are the private interest that will be affected by official action; the risk of an erroneous deprivation of such interest through the procedures used, and the probable value, if any, of additional or substitute procedural safeguards; and the Government’s interest.
Issue. Did ESU violate due process by failing to provide Respondent (a tenured public employee) a hearing prior to suspension without pay?
Held. No. Reversed and remanded for further consideration about the adequacy of Respondent’s post-termination hearing. Unlike the employee in Loudermill, the Respondent faced only a temporary suspension without pay. So long as the suspended employee receives a sufficiently prompt post-suspension hearing, the lost income is relatively insubstantial. The State had a significant interest in immediately suspending Respondent, as an employee of great trust, when he had felony charges against him. The Government does not have to give an employee charged with a felony paid leave at taxpayer expense. The risk of erroneous deprivation was small because Respondent had been arrested and charges were filed against him. However, the Respondent’s post-suspension hearing may not have been adequate, as the risk of erroneous deprivation substantially decreased once the formal charges were dropped. Dissent. None. Concurrence. None.
In those situations where the employer perceives a significant hazard in keeping the employee on the job, it can avoid the problem by suspending with pay.View Full Point of Law