Presents a theoretical construct for understanding job discrimination and affirmative action in higher education. Focuses on three areas of concern: (1) job listings; (2) use of the terms "qualified" and "qualifications" to purge competent Black job candidates; and (3) the role of publications in tenure decisions. Outlines strategies for…

Tenured teaching staff member in New Jersey cannot be dismissed from their positions unless a board of education establishes just cause in a hearing before the Commissioner of Education. This pamphlet, designed to assist boards in filing dismissal proceedings for unsatisfactory tenured teachers, provides a comprehensive review of all recent tenure…

The actions of Clark College in terminating, for reasons of financial exigency, two faculty members previously granted indefinite tenure are reviewed according to the AAUP statement of principles and recommended institutional regulations on academic freedom and tenure, and procedural standards, and found to be in violation. (MSE)

A central issue in litigation arising from adverse employment decisions affecting school personnel is the adequacy of due process procedures. Due process is required only if a teacher is able to establish a protected property or liberty interest. The first section of this chapter accordingly discusses the circumstances under which due process is…

As popular support grows for improving education, the states are considering many different ways to attract better teachers into teaching and keep good teachers in the schools. Proposed reforms are being widely discussed, in national reports, state legislatures, and many other forums across the nation. Less widely discussed but also important are…

Defines and gives examples of remediation as a process prior to dismissal proceedings, in which a teacher is evaluated by administrators, who identify deficiencies and provide the teacher an opportunity to correct them. Identifies what constitutes remediable conduct, how requirements for remediation are imposed, and how courts review dismissal…

Analysis of a Supreme Court case, in which university use of academic freedom as a basis for protecting confidential peer-review documents was rejected, explores the general development and this application of academic freedom doctrine. Individual academic freedom is distinguished from institutional autonomy in protection of the free exchange of…

Questions and answers address: defining financial exigency, how tenure affects termination, selecting faculty for severance, faculty's due process rights, tenured faculty challenges to termination, the institution's responsibility, and the governing board's responsibility in policy formation and implementation. (MSE)

Contains a summary of the events leading to the firing of teacher Cissy Lacks and her successful court battle to win her job back with compensations. Presents Lacks' own reflections on censorship, discrimination, tenure, publicity, legal representation, and constitutional issues. (TB)

Within the core of the No Child Left Behind Act (NCLB) are a number of measures to hold states, school districts, schools, and school personnel more accountable for student progress. Summarizes state legislation and court cases concerning school administrators, tenure, collective bargaining, and personnel records. (Contains 32 references.) (MLF)

The American Association of University Professors may sanction five institutions for policies and practices concerning faculty criticism of church doctrine (Catholic University) or the administration (Alvernia College), tenure denial (State University of New York, Stonybrook, and New York University School of Medicine), and sex discrimination…

An overview is provided of the issues, procedures, and prevailing judicial rationale for faculty tenure decisions in the state of Washington. All legal cases decided in Washington and cases from other jurisdictions that have had an impact on Washington law are summarized in this digest. Each case summary consists of an introduction of issues…

The examination of Montana's teacher tenure laws as mandated by House Joint Resolution 43, required a thorough review of the legislative development of the teacher employment laws, a summary of relevant case law on the rights of school boards and teachers, an awareness of the philosophical postures of the affected parties, and a dispassionate look…

The legal status of tenure rights threatened by financial exigency and the role of the American Association of University Professors in protecting those rights are considered. Accommodations of competing managerial, employee, and institutional interests that must be addressed are also discussed. Court cases are reviewed that deal with managerial…

When Colorado's Tenure Reform Bill, House Bill 1159, was signed into law, the work of teachers was not significantly changed. However, the law did make some significant inroads in the work of administrators and streamlined the due process accorded to teachers in the event that dismissal becomes necessary. This paper addresses whether the…