In Canada, a teacher is deemed to have tenure after serving a probationary period which varies from one province or territory to another. This chapter explains Canadian law as it relates to the termination of teacher contracts. The Canadian court structure and the means of challenging termination decisions are explained. Technical, procedural, and…

In this chapter the author notes that only one conclusion concerning the litigation covered is warranted: the extremely large number of cases dealing with employment issued continued unabated in 1980. The main areas of litigation are discrimination (primarily on the basis of race and sex); substantive constitutional rights; due process; immunity…

This pamphlet analyzes the clash between higher education institutions' concerns for preserving the confidentiality of peer faculty review and the need for relevant evidence when a disappointed faculty member suspects that a negative tenure decision is infected with illegal bias. Until recently many institutions decided whether to give tenure to a…

This eighth chapter of "The Yearbook of School Law, 1986" summarizes and analyzes over 330 state and federal court cases litigated in 1985 in which institutions of higher education were involved. Among the topics examined were relationships between postsecondary institutions and various governmental agencies; discrimination in the employment of…

This paper presents an examination of case law on faculty tenure and promotion as they are affected by institutional financial exigency and an examination of case law on personnel and faculty evaluation. An opening section reviews growing demands for accountability in higher education including legislatively mandated assessment of faculty and of…

Judicial review of college and university decisions regarding faculty and other employees continues to encompass a broad range of actions, including selection and appointment; evaluation of performance; substantive and procedural aspects of nonretention or dismissal; alleged employment discrimination based upon sex, race, age, or national origin;…

The purpose of this chapter is to offer an overview and analysis of all the cases rendered during 1980 concerning the legal parameters of employment issues in institutions of higher education. Judicial review of employment decisions encompassed a broad range of actions, including selection and appointment; dismissal and nonrenewal; the termination…

This first chapter of "The Yearbook of School Law, 1986" summarizes and analyzes over 250 state and federal court decisions handed down in 1985 affecting the legal rights of employees of public schools and state education agencies. Among the topics examined are discrimination on the basis of race, religion, sex, national origin, age, and handicap;…

Decisions made by federal and state courts during 1983 concerning the employment, dismissal, and tenuring of the employees of public agencies--in particular, public schools--are reported in this chapter. The chapter first addresses discrimination in employment based on race, sex, age, or physical limitations and notes that the shifting burden of…