I wonder if Smith would be considered a public figure, such that the
Sullivan actual malice standard would apply. Actually, he's a public official - a managerial-level employee of a state institution - so he may qualify that way as well.
@MRCat95, my three-second check of Ohio state defamation law says that employers have qualified immunity against defamation claims, but 1) I don't know the contours of their state law, 2) the extent to which
Sullivan would apply to a defamation claim in Ohio based on any state legislation they may have, or 3) if the information Google fetched me is accurate.
But the fact remains that OSU was completely within their rights to terminate him. The fact also remains that this is why most employers will not provide a reason for terminating (or not hiring) an employee, unless there is a specific cause. The burden is always on the plaintiff to prove a wrongful termination claim anyway, but there's no incentive for the employer to give grist for the mill. Just another baked-in advantage for employers in these situations.