Is due process required in this instance? If they had a contract and TT felt as though he had breached that contract and they had a reason to fire him with cause, then allowing him any opportunity to keep his job is simply a courtesy on their part. Now, if he is not paid there will certainly be a lawsuit to follow, but that will never happen as this will be settled.
And let me just say that I am fully behind Leach on this one. But I think he gave them the rope to hang him, particularly in the pansy society in which we live.
Unless I am completely missing something, yes, a due process "hearing" is absolutely required before a State employee is fired. The fact that he was a contracted State employee rather than an employee at-will (not under expressed employment contract) makes it an even stronger case.
Due process in an employment setting is foreign to most of us, because private individuals or companies are not required to give due process; but all State actors (including the U.S. govt. and the separate State govts.) are required to provide both substantive and procedural due process before depriving any person of life, liberty or property. Procedural due process means that before the State can so deprive a person, they are required to provide a hearing where the person can voice any opposition, before a neutral judge/arbitrator, with adequate notice so he/she can obtain legal counsel and prepare. This is a minimum. Some circumstances require more.
Leach had a property right/interest in his employment. Firing him, deprived him of his contractual right to receive money (property). Leach's employer is the State of Texas. Thus, this is a very clear cut case. He was entitled to due process. He did not get it. Usual damages in this instance are back-pay, plus re-instatement, or back pay plus front pay, for the entirety of the contract, where re-instatement would be impractical.
I realize this doesn't seem to impact who was right or wrong on the underlying issue, but the fact that TT neglected to provide such a hearing screams that this was a rush to judgment motivated by some animosity. A university the size of TT has general counsel, HR departments, and massive beauracracy (sp?). Everyone who works at a state university, from the chancellor on down to the custodian knows that you have to give a hearing to ANYONE before firing them for cause. I think they can contractually waive the right, but doubt it would be waived for misconduct issues.