A Connecticut teacher who was fired after being accused of improperly touching a student tells the story of his ordeal. In the months following his termination, his mental health deteriorated as the media made frequent sensational reports. He feels, even if he wins his countersuit, he cannot be fully vindicated. (SM)

The existing legal position of Australian universities with respect to ownership and exploitation of intellectual property by faculty, students, and outside consultants is described. Issues requiring attention are noted, including resources for exploitation, sharing of proceeds, and copyright considerations; and some possible solutions are…

This chapter provides an analysis of seniority rights under Title VII of the Civil Rights Act of 1964, which bars discrimination in employment. Two legal theories have arisen in assessing Title VII claims: discriminatory treatment, in which the burden of proof of discriminatory intent lies with the plaintiff, and discriminatory impact of neutral…

Although the 1976 copyright law provides teachers with specific rights and defenses concerning classroom use of copyrighted materials, litigation by publishers has affected college policies. Teachers should be educated concerning assertion of their rights, which will be lost if they are not used. Also, greater protection should be assured by…

This paper addresses the legal tension between a teacher's right to privacy and a school board's right to demand exemplary conduct by teachers in and out of school. The watershed case in the area of a teacher's right to a private life appears to be "Morrison v. Board of Education" (California 1969), which identified factors that a board may…

The Americans with Disabilities Act (ADA) and Family and Medical Leave Act (FMLA) are two major pieces of social legislation that impact private and public employers, including school districts. Public school employers must have thorough awareness of the legal requirements of both laws and must analyze the ways in which those requirements…

The practitioner advising a school board in connection with a reduction in force can appreciate that the board has great flexibility in implementing its decision. As long as the board's actions are not arbitrary, capricious, or pretextual, and they afford minimal due process protections to tenured teachers, the board's decisions will withstand…

The First Amendment free speech right is one of the most frequently asserted constitutional challenges to dismissal or discipline of a school district employee. In any employee's claim of violation of free speech right by a public employer, a threefold process of review should be made: (1) Was the conduct in question constitutionally protected in…

The relationship between faculty union mandatory membership provisions in a collective bargaining agreement and the rights of faculty protected by tenure and academic freedom are examined, and college options and considerations in negotiating contracts under collective bargaining laws are discussed. (MSE)

Using a specific case, this article reviews some common areas of contract and tort law applicable to principals and employment practices in public and private schools. The question/answer format treats contract validity, negligent misrepresentation, and constitutionality issues involved in a case based on unfulfilled hiring promises. Includes four…

Garland Independent School District (Texas) has a clear-cut policy of free choice regarding union membership and has placed firm restrictions on union activities during shool hours. The Fifth Circuit Court of Appeals recently upheld these restrictions but struck down a superintendent's claim that teachers' private communications violated district…

A review of court decisions about teacher testing programs shows that tests must be equitable and fair, must not be used to discriminate by race or sex, and that adequate notice to teachers is required. (MLF)

Discussion of trends concerning academic freedom compares the limits to academic freedom traditionally rooted in professional ethics and applied by the academic profession with the areas of protection prescribed by courts. It is concluded that even when generous, rulings have not necessarily been in the best interest of the academy. (MSE)

Increased appreciation of the commercial value of intellectual property has triggered a major debate on college campuses, focusing on two issues: ownership of intellectual property and use of copyrighted works in teaching and research. Because these raise faculty-rights issues, faculty must identify its claims and interests clearly and make itself…

Reviews court rulings on academic sovereignty, discrimination and equal protection, and contractual relationships between students and schools. Offers guidance to help faculty prepare for student legal pressures by clarifying the roles of the student and the college. (DMM)