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French, Larry L. – 1975
This chapter deals with the administrator's responsibilities in teacher termination. It examines the specifics of due process, evaluation of the teacher prior to termination action, tenure, probationary periods, contractural stipulations, and state and federal court action. (IRT)
Descriptors: Administrators, Contracts, Court Litigation, Due Process
Habecker, Eugene B. – 1986
Due process procedures that are judicially required in public colleges and universities when tenured faculty are involuntarily terminated for cause were identified through analysis of federal case law. Other areas of case law pertaining to due process were reviewed, including student dismissals from public colleges and universities, and property…
Descriptors: College Faculty, Court Litigation, Due Process, Federal Courts
Peer reviewed Peer reviewed
Flanigan, Jackson L.; And Others – Thought & Action, 1995
The impact on college tenure and promotion practices of a Supreme Court decision, "University of Pennsylvania versus the Equal Employment Opportunity Commission," is discussed. The decision required the university to disclose confidential tenure files to the EEOC in the investigation of employment discrimination charges. (MSE)
Descriptors: College Administration, Confidential Records, Confidentiality, Court Litigation
Peer reviewed Peer reviewed
Lee, Barbara A. – Journal of Higher Education, 1985
It is believed that the courts have intruded on the prerogatives of academics to use peer evaluations in personnel decisions. An analysis of academic discrimination cases in the federal courts demonstrates that judicial review is deferential to peer judgments and appears to have little impact on colleges' faculty personnel policies. (Author/MLW)
Descriptors: College Faculty, Court Litigation, Decision Making, Dismissal (Personnel)
Peer reviewed Peer reviewed
Rasnic, Carol D. – West's Education Law Reporter, 1991
Reviews how plaintiffs who legally challenge tenure denial, citing the legal theories most commonly used, have fared in several such lawsuits. Addresses the Supreme Court's recent pronouncement on the confidentiality issue. (105 references) (MLF)
Descriptors: College Faculty, Confidentiality, Court Litigation, Court Role
Beckham, Joseph C. – 1981
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…
Descriptors: Civil Liberties, Constitutional Law, Court Litigation, Due Process
Piele, Philip K., Ed. – 1977
This edition of the yearbook includes all cases relevant to elementary and secondary education decided during the 1976 calendar year and reported in the General Digest as of March 1977, as well as any 1975 cases that were not reported in the 1976 yearbook. The book provides a comprehensive and objective summary and analysis of state supreme court…
Descriptors: Boards of Education, Collective Bargaining, Court Litigation, Due Process
Jacobsen, Gene S. – 1974
During 1973, the broad issues characterizing the majority of court decisions concerning school employees were the constitutional and statutory rights of teachers and the relationship between these rights and the authority of the employer to act. Due process, both procedural and substantive, continues to receive extensive court consideration along…
Descriptors: Civil Liberties, Civil Rights, Collective Bargaining, Court Litigation
Nordin, Virginia Davis – 1977
Cases involving employment interests of teachers, administrators, and other school employees generally continue trends set in earlier years. Discrimination considerations continue to play an important role. One area in which the courts might be said to intervene somewhat more than in others is the prevention and remediation of race discrimination.…
Descriptors: Administrators, Civil Liberties, Constitutional Law, Court Litigation
Sorenson, Gail Paulus – 1987
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;…
Descriptors: Civil Liberties, Civil Rights, Contracts, Court Litigation
Beckham, Joseph C. – 1984
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…
Descriptors: Administrators, Civil Liberties, Civil Rights, Contracts