This report addresses the actions taken in September 2021 by the administration of Indiana University Northwest that led to the dismissal and revocation of tenure of Dr. Mark McPhail. The investigating committee found that IUN violated several AAUP-recommended standards of academic due process and the protection of intramural speech in the…

Personnel evaluation systems have historically failed to identify and remediate low-performing teachers. In 2012, Chicago Public Schools implemented an evaluation system that incorporated remediation and dismissal plans for low-rated teachers. Regression discontinuity estimates indicate that the evaluation reform increased the exit of low-rated…

The purpose of this study was to assess faculty unionization's impact on academic human resource decision making for department chairs. The academic human resource decisions included in the study were: academic hiring; re-employment, promotion and tenure; other faculty evaluation decisions; and discipline and discharge. The first purpose of this…

The two recently-filed New York lawsuits claiming that teacher tenure laws violate children's constitutional right to a "sound basic education" are finally dragging the long-obscure Section 3020-a of the state's Education Law into the spotlight. This attention is badly overdue because for decades § 3020-a has impeded efforts to ensure a…

The annual compilation for 1976 of the few unresolved cases involving serious departures from the standards for notice supported by AAUP is presented. Institutions involved are Hampton Institute in Virginia, Memphis State University, San Francisco Art Institute, and Shelby State Community College in Tennessee. (LBH)

In 1971 the North Carolina General Assembly enacted a tenure law for the State's public school teachers and principals. Codified as G.S. 115-142, the Act became effective July 1, 1972. It requires local boards of education to adopt "reasonable rules and regulations" for the conduct of hearings on dismissing or demoting teachers and…

The peer review system for evaluating schools (the "Toledo Plan") is gaining favor among teachers in other school systems. Schools are generally reluctant to dismiss incompetent teachers because of documentation complexities, but incompetent teachers should nevertheless be weeded out. (TE)

This document describes legal requirements that pertain to the dismissal or demotion of career status employees in the North Carolina Department of Public Instruction. The interpretive analysis section notes that the employer may terminate the employment only for specified reasons and by stated procedures. The grounds for dismissal or demotion…

The sequence of events and implications of the disciplinary dismissal of three faculty members of Philander Smith College are discussed with relation to the AAUP's 1940 Statement of Principles. It is concluded that faculty rights were violated by the administration and governing board. (MSE)

The denial of tenure to and dismissal of an assistant professor at Nichols College are considered. It is concluded that he was denied due process according to the AAUP's 1940 Statement of Principles. No issue of academic freedom was raised by the decision; however, the administration's action is criticized. (MSE)

This report discusses the new Oregon fair dismissal law, and examines the role of district administrators in the procedures leading to dismissal of certificated staff. The text provides (1) pertinent excerpts from the law, (2) major points of two dismissal case studies showing subtle variables in the dismissal process, (3) suggestions regarding…

This is an expansion and revision of the author's 1972 monograph "Substantive Legal Aspects of Teacher Discipline." The major focus is again placed on the identification and description of the present legal restrictions on teacher behavior both in and out of the classroom. The author examines statutory provisions affecting certification, contracts…

From year to year the types of disputes that courts are asked to settle regarding teachers and other school employees vary considerably. This variation may result in part from previous litigation that was directly related to teachers and presumably settled specific issues regarding them, has modified the apparent urgency of such litigation, or has…

The bulk of this chapter is devoted to three areas of contention: discrimination in employment (including discrimination on the grounds of race, sex, age, and handicapping condition), the discipline and dismissal of employees (including separate discussions of such causes as insubordination, neglect of duty, unprofessional conduct, incompetence,…

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…