Melbourne Law Professor to Depart Following Settlement of Discrimination Dispute
Dr Eric Descheemaeker, a law professor at the University of Melbourne, is set to leave his position after reaching a confidential settlement with the institution regarding a federal court discrimination case. The dispute centred on allegations that the university attempted to dismiss him due to his political opinions.
Controversial Email Sparks Legal Battle
The controversy began when an email written by Descheemaeker in 2023 was leaked and circulated around the Parkville campus. In the correspondence, addressed to the then dean of Melbourne Law School, he criticised what he described as the influence of "'Blak' activists" within the faculty. Descheemaeker claimed the law school was being transformed into an "ideological re-education camp" and argued there was "absolutely no end to where 'Blak' activists are meaning to take us – except destruction".
Following the leak, the university initiated disciplinary proceedings against Descheemaeker, alleging serious misconduct and attempting to terminate his employment. The professor responded by launching legal action, asserting that the university had taken adverse action against him because of his political views, thereby contravening discrimination protections.
Confidential Resolution Reached
In an email to staff on Friday, the law school's dean, Professor Michelle Foster, confirmed that both parties had resolved the dispute, including the federal court proceedings, on confidential terms. "Professor Descheemaeker and the University have agreed that Professor Descheemaeker will leave his employment with the University to pursue other opportunities," Foster stated.
The dean noted that the university and Descheemaeker held differing views regarding whether his communications breached university policies. "The University alleged that Professor Descheemaeker engaged in serious misconduct by making these communications. Professor Descheemaeker denied the allegations," she explained.
Arguments Over Academic Freedom and Racism
During a court hearing in September, Descheemaeker's legal team, led by barrister Dimitri Ternovski, contended that the professor's comments constituted political opinions protected by the university's academic freedom of expression policy. Ternovski described the leaked email as using "colourful language" to critique the increasing incorporation of identity politics into the curriculum and emphasised it was intended solely for the dean's private consideration.
Conversely, the university's representative, Marc Felman KC, argued that there was no prima facie case for unlawful dismissal, characterising Descheemaeker's claim as "hopeless". The hearing was adjourned after both sides agreed to pursue settlement discussions.
Broader Context of Cultural Safety Review
The email that triggered the dispute was written in response to the university's announcement of a cultural safety review in 2023. This review was commissioned during a period of heightened scrutiny over institutional racism within the faculty, notably following the resignation of Indigenous academic Dr Eddie Cubillo from his senior role at Melbourne Law School earlier that year.
The settlement concludes a protracted and highly publicised conflict that has raised significant questions about the boundaries of academic freedom, political expression, and institutional accountability within Australian higher education.
