Barnes was hired as an assistant professor of mathematics at Reardon State College and is now in his third consecutive one-year contract. Under state law, he cannot acquire tenure until after five consecutive annual contracts. In his third year, Barnes was notified that he was not being rehired for the following year. Applicable state law and college rules did not require either a statement of reasons or a hearing, and in fact neither was offered to BarnesWhich of the following, if established, most strongly supports the college in refusing to give Barnes a statement of reasons or an opportunity for a hearing?
Barnes' academic performance had been substandard. 19 A speech he made that was critical of administration policies violated a college regulation concerning teacher behavior. Barnes worked at the college for less than five years. Barnes could be replaced with a more competent teacher