By Paula Pyzik Scott

The Hardin County Common Pleas Court filed a September 12 decision regarding cross motions for summary judgment in the Scott Gerber case No. 2023 1107 CVH vs. Ohio Northern University, et al. Hardin County Common Pleas Court Judge Jonathan P. Hein has decided that a jury must decide on the case.

Gerber, who was a tenured professor at the Ohio Northern University Pettit College of Law, was removed from a classroom at the end of Spring semester 2023 and his employment was terminated. In subsequent legal proceedings, Gerber has asserted that he was fired for his reporting of alleged illegal hiring procedures involving diversity, equity and inclusion guidelines. The University has asserted that Gerber was fired for behavior problems that negatively impacted faculty and staff members.

The filing shows that Judge Hein issued a decision on Plaintiff Scott Gerber’s motion filed June 17 seeking summary judgment on three claims and Defendants Ohio Northern University et al’s motion filed June 17 seeking summary judgment on all claims. The 16-page document is attached HERE.

The Plaintiff’s motion for summary judgment on three claims was overruled.

The Defendants' motion for summary judgment is overruled except for dismissal of Plaintiff's claim for intentional infliction of emotional distress.

Gerber is being represented by conservative public interest group American First Legal.