A security guard at a private university was on duty during a university-sponsored street festival. He observed what he thought was an altercation. A white female student was being held in the air by an African American male student (who was also a football player). The female was kicking her legs and appeared to be struggling to get free. When the security guard ordered the male to release the female, he turned around and lunged at the guard with fists raised. The guard pepper sprayed the male. A physical struggle ensued, with the security guard being joined by other guards and using a baton to bring the male to the ground. The male student was charged with disorderly conduct and later pled guilty to disturbing the peace. The crowd that viewed the incident became incited and many viewed the guard’s actions as being racially motivated. Civil rights and students’ organizations demanded an investigation by the university. The investigation panel eventually concluded that the security guard had overreacted and used unnecessary force, but had not exhibited any overt racial bias. The university was also faulted for not providing sufficient training to its security guards. Although the guard had initially been told that he would not lose his job and was even still in line for a promotion, he was terminated. He sued for wrongful termination. What should the court decide?