As part of the promotion and tenure process, colleges and universities have primarily evaluated faculty members on three key functional areas: research, teaching, and service. In this article, we examine how the use of collegiality as a possible fourth criterion for faculty evaluation affects faculty power dynamics, how U.S. courts have addressed…

During the aftermath of the First Red Scare in the 1930s and during the early stages of the Cold War in the 1940s, the United States engaged in a great national effort to preserve and protect its capitalist system from international rival--the communist Soviet Union. In the American South, states such as Georgia, Mississippi, and Alabama faced a…

Most position descriptions for college and university faculty include benchmarks that indicate assumptions about collegiality. Criticism about this practice has been voiced for years. But case law in the United States has upheld the use of collegiality as a factor in decisions regarding faculty employment, tenure, and promotion. Indeed, several…

The objective of the research reported in this speech was to investigate the extent to which alternatives to tenure will withstand legal scrutiny and the degree to which higher education, through the alternative configurations, and the courts, through legal interpretations, are modifying traditional tenure. Tenure principles of the profession are…

Public and nonpublic higher education institutions differ in the manner in which an allegedly aggrieved party can seek redress. Discusses relevant cases concerning constitutional standards, contractual problems, and damage to reputation. (124 references) (MLF)

A study of lawsuits filed by college faculty against their institutions looked at the effects of litigation on the people and institutions involved. The discussion examines standards of judicial review and construction of a fair personnel decision-making process. Careful planning, conscientious application of policies, and meaningful internal…

Tenured faculty are normally terminated only for just cause. In "Milbouer v. Keppler," however, an Idaho district court upheld faculty members' discharge when Boise State University declared a financial exigency. Examination shows that this definition of financial exigency derived from budget reductions that affected small program…

Presents some guidelines and strategies that college professors who feel that they have been victims of discrimination should consider before they decide to pursue litigation. Exhausting internal appeals, gathering evidence carefully, and looking critically at one's goals are advocated. (SLD)

The most common grounds for dismissing tenured faculty have been incompetence, immorality, neglect of duty, and insubordination. Judicial evaluations of substantive grounds for dismissing tenured postsecondary faculty for cause are discussed. (MLW)

Recent cases in which the courts have either ordered reinstatement of dismissed tenured faculty or refrained from doing so are surveyed, and the themes that generally distinguish one decision from the other are examined. (MSE)

Faculty Title VII litigation, challenges to the faculty evaluation process, and possible jucidial responses to faculty claims are reviewed. A proposed model would temper judicial interference in faculty employment disputes by informed deferences while preserving the unique character of academic institutions. (Journal availbility: Boston Univ. Law…

This analysis of the Age Discrimination in Employment Act of 1967 (ADEA) traces the issues that have emerged in litigation and summarizes the developing law, showing the implications in the university context and suggesting rules of thumb for accommodating the Act with the valid educational demands of the affected institutions. (JT)

A recent Supreme Court ruling in a lawsuit concerning sex discrimination in corporate promotion decisions had circumstances similar to those in academic discrimination litigation, and may make it easier for college faculty to bring discrimination cases against colleges and universities. (MSE)

Cites court rulings that the plaintiff must identify the causal relationship between a statistical imbalance and specific employment practices. Indicates that university promotion, tenure, and salary decisions will be upheld if the judgments are based on a merit system with the criteria of teaching, research, and service. (MLF)

Existing regulations, case law, and limited legislative history indicate that an institution can continue to employ faculty without tenure after age 65. However, once tenure is removed, the faculty member is entitled to all the protection of the Age Discrimination in Employment Act. (MSE)