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.…

This chapter addresses developments concerning faculty tenure, examines institutional responses to new pressures and the litigation by faculty over those reponses, and explores faculty and administration rights and responsibilities. Academic administrators have realized that the reappointment, tenure, and promotion processes are an opportunity to…

In problems pertaining to faculty dismissal, public higher education institutions are subject to both constitutional and contractual constraints, whereas private schools are subject almost solely to self-imposed contractual limitations. In public institutions, teachers alleging termination for protected free speech bear the burden of establishing…

The Congregation for the Doctrine of the Faith, with the explicit approval of the Pope, declared that the Reverend Charles E. Curran was neither suitable nor eligible to teach Catholic Theology at The Catholic University of America. A report by the American Association of University Professors is presented. (MLW)

A discussion of ethical standards for the employment of international graduate students as teaching assistants (ITAs) in higher education institutions outlines 10 basic ITA rights and highlights how these rights protect the ITA population. ITAs have, or should have, the right to: (1) maintain their own languages and cultures and, consequently, to…

This chapter reviews litigation in higher education for 1986. The first section discusses the relationship between postsecondary institutions and various governmental agencies, in which litigation covers questions on the authority of boards, access to information through sunshine laws, questions of tax exempt status, and issues of accreditation.…

Higher education case law in 1990 is discussed in this chapter under nine major topics: (1) intergovernmental relations; (2) discrimination in employment; (3) faculty employment; (4) administrators and staff; (5) students; (6) liability; (7) antitrust; (8) patents; and (9) estates and wills. Questions of the authority of federal, state, and local…

Themes in 1989 higher education case law reflect the difficulty in reducing the federal deficit, increased service demands on state budgets, and an economic condition of marginal growth. The interpretation of constitutional rights in relationships between the institution and students, employees, and communities continues to be heavily litigated.…

The higher education case law in 1988 is extensive. Cases discussed in this chapter are organized under five major topics: (1) intergovernmental relations; (2) employees, involving discrimination claims, tenured and nontenured faculty, collective bargaining, and denial of employee benefits; (3) students, involving admissions, financial aid, First…

Litigation in 1987 was very brisk with an increase in the number of higher education cases reviewed. Cases discussed in this chapter are organized under four major topics: (1) intergovernmental relations; (2) employees, involving discrimination claims, tenured and nontenured faculty, collective bargaining and denial of employee benefits; (3)…

During the Cold War era, when many institutions of higher learning sacrificed faculty in the face of political pressure, the Owen Lattimore case represents a situation where university administrators stood firm. This book explores what happened when pressure was put on Johns Hopkins University (Maryland) to punish a faculty member who expressed…

The application of constitutional doctrines to controversies involving higher education institutions and legal theories emanating from the Supreme Court are discussed. The historical review covers academic freedom at colleges, or freedom from political interference of of outside intervention: freedom of speech or association in colleges and…