A senior lecturer in Old and Medieval English at Trinity College, Dublin, yesterday lost a High Court application for an order, continuing pending the determination of legal proceeding, restraining the holding of a disciplinary hearing against him.
Mr Gerald Morgan, who joined the department of English in 1968 as a junior lecturer, later became a senior lecturer and was elected a fellow of the college in 1993. On October 7th, 2002, he was suspended on pay with immediate effect after a complaint by a member of staff alleging physical intimidation and harassment.
He has challenged the suspension in proceedings against the TCD authorities; Mr Cyril Smyth, a senior dean at the college, to whom the complaint was made; and Mr John Gerard Buchanan, who was named to chair the disciplinary panel. The disciplinary panel had been scheduled to take place on December 11th last. Mr Morgan's application yesterday sought to restrain the defendants taking any disciplinary action against him pending the full trial of the action. In his reserved judgment refusing an interlocutory order, Mr Justice Kearns said he believed the balance of convenience was firmly against granting the injunction. The rights of the college in maintaining good order and the need of the college to protect the interests of other staff members of the English department must be placed in the balance along with Mr Morgan's interests when considering the issue. The court had to take into account the fact that Mr Morgan had widely disseminated allegations against another colleague in such a way as to arouse considerable indignation from colleagues in the department.
The judge added that a quite unsatisfactory working atmosphere could be created in the department if the suspension were lifted prior to the completion of the investigation and disciplinary process. He added that all matters could be dealt with fully by the disciplinary panel who would come to the matter "unfettered by the prior history" with which the present judgment was largely concerned. The college statutes and procedures were well framed to ensure fairness at every stage.