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BENISON v. ROSS

No. 13-2554.

765 F.3d 649 (2014)

Kathleen C. BENISON and Christopher Benison, Plaintiffs-Appellants, v. George ROSS, President of Central Michigan University, in his individual and official capacity, E. Gary Shapiro, Executive Vice President and Provost, in his individual capacity, and Ian R. Davison, Dean, College of Science and Technology, in his individual capacity, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 3, 2014.

Attorney(s) appearing for the Case

ARGUED: Bradley K. Glazier , Bos & Glazier, P.L.C., Grand Rapids, Michigan, for Appellants. Ryan K. Kauffman , Fraser, Trebilcock, Davis & Dunlap, P.C., Lansing, Michigan, for Appellees. ON BRIEF: Bradley K. Glazier , Bos & Glazier, P.L.C., Grand Rapids, Michigan, for Appellants. Ryan K. Kauffman , Michael E. Cavanaugh , Fraser, Trebilcock, Davis & Dunlap, P.C., Lansing, Michigan, for Appellees.

MOORE, J., delivered the opinion of the court, in which SUTTON, J., joined. ALARCÓN, J. (pp. 665-66), delivered a separate dissenting opinion.

OPINION

KAREN NELSON MOORE, Circuit Judge.

Kathleen Benison was a tenured professor of geology at Central Michigan University ("CMU"). In 2011, Kathleen's husband Christopher Benison, an undergraduate student at CMU, sponsored a vote of no confidence in the president and provost of the university. Shortly after the vote, in accordance with the collective bargaining agreement negotiated by the CMU faculty, Kathleen took a semester of sabbatical leave for...

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