A New York court has reinstated Kelly Blacker, a former accounting professor at Mercy University, after ruling that her termination was unjust. The decision, made by Judge Sheralyn Pulver of the New York Supreme Court, Westchester County, found that the university's actions were arbitrary and capricious. This ruling is significant as it highlights the importance of due process in disciplinary actions within academic institutions.
Blacker, who had been employed by Mercy University since 1996, was dismissed on April 11, 2025, following allegations of wrongdoing related to her Certified Public Accountant (CPA) registration status. The case, indexed under docket number 68316/2025, has implications for faculty rights and university governance.
Background
The dispute centers around Kelly Blacker's employment with Mercy University, where she served as an assistant professor of accounting. In July 2024, university officials discovered that Blacker was not registered with the New York State Education Department (NYSED) as a CPA, despite having identified herself as such. This revelation prompted the university to initiate disciplinary proceedings against her.
Following a series of meetings and a formal notice of dismissal, Blacker contested her termination through an Article 78 proceeding, which allows individuals to challenge the decisions of governmental bodies. The university maintained that Blacker had committed fraud by misrepresenting her credentials, which ultimately led to her dismissal.
The Ruling
In her ruling on April 13, 2026, Judge Sheralyn Pulver found that Mercy University's decision to terminate Blacker was not supported by sufficient evidence. The court noted that the university had failed to provide a rational basis for deviating from the recommendations of the Faculty Grievance Committee, which had unanimously recommended her reinstatement.
The court ruled, "The penalty of termination as the first and only course of action pursued by the University is shocking to one’s sense of fairness under the circumstances."
Judge Pulver emphasized that the university's actions did not align with its own procedural standards as outlined in the Faculty Handbook. The court determined that Blacker had not engaged in fraudulent behavior and that her lapse in registration should have been addressed through lesser disciplinary measures.
Impact
This ruling has broader implications for faculty members at academic institutions. It reinforces the necessity for universities to adhere to their own disciplinary procedures and to provide adequate justification for termination decisions. The court's decision also serves as a reminder that faculty members have rights that must be respected, particularly in cases involving their professional credentials.
Moreover, the ruling may influence how universities handle similar cases in the future. Institutions may need to reassess their disciplinary protocols to ensure compliance with legal standards and to avoid potential litigation.
What's Next
Following the ruling, Blacker is set to be reinstated to her position at Mercy University with full back pay and benefits. The university has the option to appeal the decision, but details on whether they will pursue this route were not available in the court filing. Additionally, the court has directed Blacker to submit calculations for her monetary damages within 30 days.