Professor who claimed ‘Blak’ activists were leading University of Melbourne law school to ‘destruction’ settles discrimination case | Australian universities

by Rachel Morgan News Editor

A legal dispute between the University of Melbourne and Dr. Eric Descheemaeker has been settled after the professor sued the institution alleging discrimination. The lawsuit stemmed from an attempt to terminate Dr. Descheemaeker following the leak of a 2023 email.

Settlement Reached in Discrimination Case

The University of Melbourne initially sought to dismiss Dr. Descheemaeker after a leaked email, sent to the then-dean of Melbourne Law School (MLS), became public last year. In the email, Dr. Descheemaeker claimed the law school was becoming an “ideological re-education camp” and was “celebrating the ‘noble savage.’” He also wrote that “Blak” activists aimed to lead the school to “destruction.”

Dr. Descheemaeker subsequently sued the university, claiming the attempt to expel him in July was due to his political opinion. The case was scheduled for trial in the federal circuit and family court next month, but has now been resolved. Court records indicate the case was finalised and dismissed with the consent of both parties in November.

Did You Know? Dr. Eddie Cubillo resigned from his role as an associate dean and senior fellow at MLS in 2023 following public complaints regarding institutional racism at the faculty.

The University of Melbourne has not responded to inquiries regarding the terms of the settlement or Dr. Descheemaeker’s current employment status. In a statement, a university spokesperson confirmed the dismissal of the proceedings but stated, “The University cannot make any further comment at this time.”

During court hearings last September, Dr. Descheemaeker’s legal team argued his emails constituted protected political expression, and were not racist. His barrister, Dimitri Ternovski, stated the email used “colourful language” to respond to “identity politics” within the MLS curriculum and was intended only for the dean’s eyes. The university’s legal representation, Marc Felman KC, argued there was no basis for a claim of unlawful dismissal, describing the case as “hopeless.”

Expert Insight: Settlements in discrimination cases often prioritize confidentiality. While this resolution avoids a potentially divisive public trial, the lack of transparency leaves questions unanswered regarding the specific outcomes and any commitments made by the University of Melbourne.

Frequently Asked Questions

What prompted the University of Melbourne to attempt to terminate Dr. Descheemaeker’s employment?

The university attempted to terminate Dr. Descheemaeker’s employment after a 2023 email, in which he expressed concerns about the direction of the Melbourne Law School, was leaked and circulated on campus.

What was Dr. Descheemaeker’s argument in his discrimination lawsuit?

Dr. Descheemaeker alleged the university took adverse action against him – attempting to expel him – because of his political opinion, as expressed in the leaked email.

What is the current status of the legal dispute?

The legal dispute has been settled, and the case was dismissed with the consent of both parties in November. The University of Melbourne has not provided further details.

As the details of the settlement remain undisclosed, it is possible the University of Melbourne will implement changes to its internal policies regarding academic freedom and the handling of sensitive communications. Alternatively, the university may maintain its current course, and Dr. Descheemaeker’s future employment remains uncertain.

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