Higher education administrators planning for retrenchment should follow these guidelines: document the financial circumstances justifying retrenchment; devise a long-range financial plan; identify how and by whom retrenchment decisions are made; and know both the interests of and procedural protections available to faculty, staff, and other…

Although the law pertaining to tenure denial based on scholarship and teaching is well settled, legal issues governing faculty dismissal due to declining college enrollments are unsettled. This paper reviews tenure cases and explores tenure denial based on institutional need, anticipating development of a separate body of law. (72 references) (MLH)

Existing judicial authority on the legal status of academic tenure at the college level is examined including acquisition of tenure, obstacles to enforcement and grounds for dismissal, and procedural protections. Disadvantages of attempted legal solutions are emphasized, but the value of judicial review to curb arbitrary decisions is also…

Lists guidelines to help department administrators reduce their liability and strengthen their position when faced with grievances or lawsuits. (AEA)

An Idaho court case in which a tenured faculty member with seniority was dismissed for financial exigency became two trials, one concerning the university's burden of proof for financial exigency and the other concerning deprivation of the faculty member's due process. The decisions are examined. (MSE)

The response of courts to terminations resulting from a financial crisis threatening a school is analyzed. That response depends, in part, on whether the teacher is asserting the infringement of a constitutional right, such as freedom of expression, or the deprivation without due process of the law of a property interest, such as a statutory or…

The issue of whether cheating and plagiarism should be categorized as an academic evaluation or disciplinary misconduct is discussed. It is claimed that if these offenses are categorized as disciplinary misconduct, students are entitled to some due process. However, if cheating and plagiarism are classified as academic evaluations, students are…

An overview of recent court cases concerning dismissal of tenured college faculty for reasons of financial exigency focuses on court definitions of exigency, criteria for "just cause" for termination, due process requirements, reemployment, compensation for wrongful termination, and legal requirements that constitute "good…

Increasingly, college faculty members accused of sexual harassment say their rights have been breached and are suing their institutions. Some observers see the trend as a backlash to new expectations about appropriate faculty behavior. Others worry that administrative definitions of harassment are too broad, and faculty due process is violated.…

A legal approach to due process in cases of college student cheating is outlined. Issues discussed include severity of the misconduct, need for informal vs. formal procedures, the due process paradigm as reflected in relevant court litigation, and steps in application of the paradigm (preliminary steps, notice and hearing procedures).(MSE)

Current literature and federal agency pronouncements concerning falsification of discovery, theft of discoveries, and violations of accepted research procedures are examined, and internal institutional procedures for addressing these issues are suggested. Particular attention is given to due process afforded to faculty accused of such misconduct.…

Adequate cause for dismissal is defined and analyzed. Whether for immoral conduct, insubordination, or incompetency, an institution must be mindful of the countervailing protection of academic freedom. Dismissal must be firmly grounded upon demonstrable acts or omissions and assume reasonable procedures, incorporating peer review. Some court cases…

The retrenchment experience of Pennsylvania's state college system is described. The specter of retrenchment scared the campuses into finding new nonpersonnel cuts to make; a policy of intrasystem faculty transfer was finally adopted; and although campus presidents opposed retrenchment, by 1979-80 they were convinced of its necessity. (MLW)

This document presents an analysis of part-time employment issues in California community colleges, including a review of historical developments of the law covering the employment of certificated personnel, a review of some benefits and problems associated with part-time teaching, and consideration of part-time faculty employment as a major issue…

Analysis of court cases, employment law, and events in higher education yielded information about tenure as a contract, use of credentials as evidence, and due process in orderly tenure procedures. Academic, legal, and ethical perspectives are considered. Guidelines for social work faculty in dealing with these issues are offered. (Author/MSE)