Not without a formal judgement by her peers following established procedures. In fact the administration can’t even punish her without that. Academic freedom is still pretty strong at UO.
See the “final investigative report” from UO’s employment law specialists Edwin A. Harnden & Shayda Z. Le of Barran Liebman, LLP, and the letter from Provost Coltrane posted here. Page 5 of the Harnden-Ze Report cites UO’s Academic Freedom Policy – signed by former UO President Mike Gottfredson, after months of negotiations between him, the UO General Counsel’s Office, and the UO Senate:
These freedoms derive immediately from the university’s basic commitment to advancing knowledge and understanding. The academic freedoms enumerated in this policy shall be exercised without fear of institutional reprisal. Only serious abuses of this policy – ones that rise to the level of professional misbehavior or professional incompetence – should lead to adverse consequences. Any such determinations shall be made in accordance with established, formal procedures involving judgment by relevant peers.
Coltrane’s letter to the faculty does not even hint at the possibility that he followed any “formal procedures involving judgment by relevant peers” before issuing his personal judgement that “… the violation and its resulting impact on students in the law school and university outweighed free speech protections provided under the Constitution and our school’s academic freedom policies”, or that he plans to do so. Yet that same sentence makes clear that Coltrane’s decision that Shurtz had engaged in “Discriminatory Harassment” was made after consideration of her academic freedom, so the above policy clearly applies. Harnden & Ze even put it in their report. Very helpful.