The bar to fire tenured faculty is high. Does UW have a case against a professor who makes porn videos?

Firing a chancellor can be executed swiftly.

In the case of former University of Wisconsin-La Crosse Chancellor Joe Gow, it took just eight days from the time the UW System said it learned of his appearance in porn videos to the closed-door meeting when the UW Board of Regents ousted him as chancellor.

Firing a professor is much more laborious. Even so, the UW System is investigating whether to revoke Gow's tenured faculty status as a communications professor, a position he announced in August he planned to return to next school year.

It may be an uphill battle. The American Association of University Professors said the onus is on the administration to prove how a faculty member would be unfit for the classroom. The Foundation for Individual Rights and Expression, a national free speech organization working with Gow on his faculty case, said institutions cannot punish faculty for their speech simply because administrators disapprove of its content.

"Gow has a good case, as his interest in appearing in the films — on his own time, in a personal capacity, without reference to or impact on his faculty role — likely outweighs the university’s interests in avoiding speech on the topic of sex, reputation, or potential student reactions," the organization wrote in an analysis of Gow's case.

Gow argues the termination violates his First Amendment rights and contradicts the board's free speech policy, which says universities should not shield ideas and opinions they may find unwelcome, disagreeable or even deeply offensive.

UW System President Jay Rothman said Gow's actions caused reputational damage, which he said would interfere with the university carrying out its mission, according to a complaint he filed with interim UW-La Crosse Chancellor Betsy Morgan. The Milwaukee Journal Sentinel obtained a copy of the complaint.

One potential focus of UW's investigation, Rothman indicated in his complaint, may be whether Gow violated state laws or policies on using public positions for private gain and on disclosure of financial activities.

"I don't think they have a case, so I think it's puzzling they're going to waste a lot of money to try to make one," Gow said.

How the investigation into Joe Gow started

So how, exactly, did the UW System find out about Gow's hobby?

Turns out an individual approached Jess Lathrop, Rothman's chief of staff, on Dec. 19, for what was likely an awkward phone call or email exchange. The complainant, who requested their identity be kept confidential, said Gow and his wife, Carmen Wilson, starred in several sexually explicit videos and cooking shows on XHamster.com, appearing as the "Sexy Happy Couple," according to Rothman's letter.

UW System staff reviewed the videos and, in addition, found the couple had published two books on Amazon about their experience in the adult film industry, using pseudonyms but their own photos.

Gow sat down with Kelly Cook, the UW System's deputy human resources director, and deputy general counsel Jennifer Lattis on Dec. 20, Rothman's letter said. Gow confirmed he and his wife had made porn videos for about a decade. He told the Journal Sentinel he told Cook and Lattis he made little money from his hobby.

"So I'm surprised to see this is the charge being made against me," Gow said.

UW System spokesperson Mark Pitsch declined to say whether the investigation may look beyond what was cited in the complaint, citing the open status of the investigation.

The UW System hired outside law firm Husch Blackwell to investigate, according to a letter Morgan sent Gow. The attorneys leading the investigation are Ann Maher, who is based in Milwaukee, and Hayley Hanson, who specializes in education law. Morgan said Gow was required to give them his "full cooperation."

Gow is earning a $91,915 faculty salary but has been relieved of all duties until further notice.

The process to fire a tenured professor is long

Tenured faculty "may be dismissed only by the board and only for just cause and only after due notice and hearing," according to state rules.

Just cause isn't spelled out beyond saying faculty members are "entitled to enjoy and exercise all the rights and privileges of a United States citizen, and the rights and privileges of academic freedom as they are generally understood in the academic community. This policy shall be observed in determining whether or not just cause for dismissal exists. The burden of proof of the existence of just cause for a dismissal is on the administration."

The termination process begins when a chancellor receives a complaint and, if deemed substantial, refers it to a faculty committee.

The committee weighs the evidence and may hold a hearing. It makes a recommendation, which goes to the chancellor.

If both the committee and chancellor agree on termination, the complaint moves to the UW Board of Regents for approval.

Reporting activities are a focus of UW System investigation

Rothman's complaint indicates attorneys may look at financial and outside activity forms.

Statements of economic interest provide transparency by requiring public or elected officials to disclose their investments, sources of income, real estate, gifts they have received and debt they owe. The information can reveal financial relationships and conflicts of interest.

A Journal Sentinel review of Gow's statements shows he submitted his annual statement several months ahead of the April 30 deadline in each of the past nine years.

On the forms, Gow listed UW-La Crosse as his employer but not his wife's workplaces. Wilson has worked at UW-Rock County and two universities outside Wisconsin. He told the Journal Sentinel he didn't know he was required to disclose his wife's employers.

Gow disclosed additional income he received from State Bank Financial Board on the form, but did not mention sales from his books or videos.

That's because book sales never exceeded the $1,000 annual reporting threshold, according to a report Gow downloaded from his Amazon account and provided to the Journal Sentinel. Neither did revenue from advertising on the videos, which he said were posted in November.

Complaint also cites laws banning use of job for financial benefit

Also mentioned in Rothman's complaint are two laws banning public officials from using their position for substantial or financial benefit to themselves, a member of their immediate family or an organization with which they are associated.

In addition, a state rule spells out how UW employees disclose outside activities. The reporting threshold for outside activities related to their academic interests is $5,000. For example, a UW-Madison doctor who researches a particular drug should disclose if they have ties to or earn more than $5,000 from the pharmaceutical industry.

Employees are free to engage in outside activities, whether it relates to their fields of academic interest, the rule states. However, they cannot engage in an outside activity "if it conflicts with his or her public responsibilities" as a UW System employee.

Gow has said the videos and books do not reference UW-La Crosse or his position as chancellor. He questioned whether UW would fire a faculty member solely on financial and outside activity forms.

"This seems like some other way to get me to leave, and I'm not going to," he said. "We haven't done anything wrong."

How often are professors fired?

Firing a tenured professor is rare. It's more common for professors in the hot seat to resign.

Across the UW System, the Journal Sentinel identified 10 terminations since 2010. The circumstances behind the cases vary.

A UW-Stout professor lost his job after refusing to wear a mask during COVID-19. Two UW-Milwaukee engineering professors were fired after defrauding graduate students in a yearslong scheme that led to criminal charges. Another UWM professor fled the country after being charged with sexually assaulting a student.

Sexual harassment, bullying and insubordination were the downfall for professors at UW-Stevens Point, UW-Whitewater and UW-Platteville. In the three remaining cases, the reasons for the terminations were unclear.

Contact Kelly Meyerhofer at kmeyerhofer@gannett.com. Follow her on X (Twitter) at @KellyMeyerhofer.

This article originally appeared on Milwaukee Journal Sentinel: Does UW System have case to revoke former UW-La Crosse chancellor's tenure?