A circuit court ruling involving sex-discrimination and college faculty tenure is examined, focusing on differences between this case's substantive analysis and the procedural focus of earlier decisions. It is concluded that the case sets a standard for judicial intervention in an area formerly considered beyond the reach of law. (MSE)

This monograph presents a succinct overview of the legal parameters regarding nonretention and dismissal for cause of employees of higher education institutions. The monograph is written in everyday language for the lay reader and presents a concise review of case law on the subject. An introductory chapter discusses judicial review, the…

A survey of 104 highly selective liberal arts colleges gathered information on the faculty tenure review process, focusing on tenure candidate access to review documents or deliberations and the effects on the selectivity of the outcomes. A clear relationship between selectivity and confidentiality was not found. (MSE)

A central issue in litigation arising from adverse employment decisions affecting school personnel is the adequacy of due process procedures. Due process is required only if a teacher is able to establish a protected property or liberty interest. The first section of this chapter accordingly discusses the circumstances under which due process is…

Analysis of a Supreme Court case, in which university use of academic freedom as a basis for protecting confidential peer-review documents was rejected, explores the general development and this application of academic freedom doctrine. Individual academic freedom is distinguished from institutional autonomy in protection of the free exchange of…

As more women and people of color hold academic jobs, the incidence of illegal employment discrimination in reappointment, tenure, and promotion decisions also increases. This book addresses how individual faculty members can defend themselves against unfair practices and how universities and colleges can protect themselves from being named in…

Examination of retrenchment clauses in the faculty union contracts at 42 colleges and universities focused on implications for tenure rights and the roles prescribed for faculty and administrators. Concepts of financial exigency and shared governance are highlighted. Contracts were found to provide faculty with a limited and reactive role during…

The last 2 decades of the 20th century have witnessed a growing movement to reform the American education system. While people debate why and how reform should be accomplished new initiatives are being developed and applied in many different areas: student performance standards, curricular innovation, assessment, accountability, professional…