Vaksman v. Board of Regents of the University of Houston

Fabian Vaksman (plaintiff) was enrolled in a PhD program at the University of Houston (Houston). Vaksman was an avid writer and voracious critic, publishing several articles and a book in which he articulated his political philosophy and opined on different political issues. Vaksman wrote a manuscript titled, “The Problem of Ideological Motivation in the Making of Soviet Policy (1917-1984),” and sent it to the graduate coordinator for the History Department (the department). Vaksman was also critical of the department on numerous fronts, including its decisions regarding the use of funds. The department decided to dismiss Vaksman from the PhD program after a department committee met in a closed session. Vaksman did not receive notice of the session. The department noted that Vaksman was unteachable and needed to change his approach to history. Vaksman was also described as a thorn in the side of members of the department. There was nothing submitted into the record to suggest that Vaksman was experiencing academic problems in the PhD program. Vaksman brought suit against the Board of Regents of the University of Houston (defendant) and various Houston administrators and faculty (defendants). Vaksman alleged violations of the Texas constitution, namely the right to free expression and due process. Vaksman also brought claims under the First and Fourteenth Amendments for violation of liberty and due process.