In a recent ruling, the U.S. Court of Appeals for the Third Circuit upheld the dismissal of a lawsuit filed by former adjunct professor Cheryl Borowski against Kean University. The court's decision, delivered on November 12, 2026, confirmed that Borowski's claims were barred by sovereign immunity and that she lacked standing to pursue her First Amendment rights. This ruling impacts Borowski and potentially other educators facing similar disputes with public institutions.

The case began when Kean University investigated complaints from students regarding Borowski's remarks in her business law class. Following the investigation, the university determined that she had violated the New Jersey State Policy Prohibiting Discrimination in the Workplace. As a result, Kean chose not to renew her teaching contract in August 2016.

Borowski's lawsuit, filed under 42 U.S.C. § 1983 and other state laws, alleged that her rights were violated due to the university's actions and the policies in place. She argued that Kean's decision not to renew her contract was based on a facially unconstitutional policy and that she was denied her right to an administrative appeal regarding her termination.

After her initial complaint was dismissed by the District Court, Borowski revised her claims but was ultimately unsuccessful. The District Court ruled that her claims were barred by Eleventh Amendment immunity, which protects states and state entities from being sued without their consent. The court also determined that Borowski lacked standing, as she could not demonstrate a likelihood of future harm that could be remedied through declaratory relief.

In its opinion, the Third Circuit noted, "Even assuming Borowski could show that the Policy is unconstitutional, she would be barred from proceeding against all Defendants in their official capacities." This statement underscores the court's view that the university's actions were protected under state immunity laws.

The court's decision also addressed Borowski's claims against Allison Christopher Myers, the Director of the New Jersey Civil Service Commission. The court affirmed that her claims were barred by qualified immunity, which protects government officials from liability for civil damages as long as their actions did not violate clearly established statutory or constitutional rights.

The court concluded, "Borowski has not met her burden of showing an actual or imminent injury in fact to establish standing for declaratory relief." This ruling emphasized that past exposure to the university's policies was insufficient to establish a current case or controversy.

The implications of this ruling extend beyond Borowski's case. It reinforces the legal protections afforded to public universities and their officials, potentially making it more challenging for faculty members to contest employment decisions based on alleged violations of constitutional rights. The ruling also sets a precedent regarding the interpretation of standing in cases involving claims of reputational harm and administrative appeals.

Moving forward, Borowski's options for appeal appear limited. The court's ruling effectively closes the door on her claims, as the dismissal was affirmed based on established legal principles regarding immunity and standing. There are no indications that related cases are pending that could impact this ruling.

In conclusion, the Third Circuit's decision in Cheryl Borowski v. Kean University serves as a significant legal precedent for cases involving employment disputes at public institutions. It underscores the challenges faced by educators in seeking redress for perceived violations of their rights and the robust protections afforded to state entities under the law.