Bradley v. West Chester University of Pennsylvania

Bradley was Director of Budget and Financial Planning at the West Chester University of Pennsylvania (WCU). During preparation of a budget report for the Pennsylvania State System of Higher Education, Bradley was instructed to increase a line item by several million dollars, to “swing” a multi-million dollar surplus to a multi-million dollar deficit. She was told that the report “was a political document[,] and if you don’t present this deficit, your appropriation money is at risk.” At a meeting of WCU’s Budget Committee, Bradley stated that alterations were “unethical and quite frankly, [possibly] illegal.” Her supervisor expressed his displeasure, stating that her “future was at risk.” Bradley subsequently circulated a memorandum documenting her concerns. Two years later, Bradley was assisting with a meeting of WCU’s Enrollment Committee. She presented her supervisor’s proposed budget, then answered a question and presented an alternate budget, which, she believed, “presents reality.” Although she was expected to speak at a presentation the next day, Bradley refused to do so unless she could present her version of the budget. Her supervisor told Bradley that her contract would not be renewed. Arguing that her termination was in retaliation for speech protected by the First Amendment, she sued. The Third Circuit affirmed dismissal. The institutional defendants were entitled to Eleventh Amendment immunity; her speech was pursuant to her official duties, and, therefore not constitutionally protected. View "Bradley v. West Chester University of Pennsylvania" on Justia Law