An overview of recent court cases concerning dismissal of tenured college faculty for reasons of financial exigency focuses on court definitions of exigency, criteria for "just cause" for termination, due process requirements, reemployment, compensation for wrongful termination, and legal requirements that constitute "good…

Modifications are presented to a 1967 document that contained recommendations concerning academic freedom, academic responsibility, and tenure for faculty members in Texas public community and senior colleges and universities. The recommended standards constitute patterns or guidelines and are not binding on any institution and may be varied in…

A New York City bar association's Special Committee on Education and the Law report outlines sound law and practice in the major issues in tenure: fair procedures in reappointment, tenure decisions, and tenure termination; claims of unlawful discrimination, confidentiality claims in tenure decisions; and the scope of judicial intervention. (MSE)

This document presents survey questions concerning rights of students with disabilities in postsecondary education and the responsibilities and rights of faculty and staff. The survey is intended to provide necessary information about disability laws and recent legal decisions to faculty and staff in the context of increasing enrollment 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)

Current literature and federal agency pronouncements concerning falsification of discovery, theft of discoveries, and violations of accepted research procedures are examined, and internal institutional procedures for addressing these issues are suggested. Particular attention is given to due process afforded to faculty accused of such misconduct.…

A review of 1989 court decisions regarding higher education examines important trends in cases concerning the first amendment; tort liability; institutional contracts; immunities; access to records; meetings and witnesses; intellectual property; funding; employment; adverse academic, disciplinary, licensing, and related decisions; and…

Existing judicial authority on the legal status of academic tenure at the college level is examined including acquisition of tenure, obstacles to enforcement and grounds for dismissal, and procedural protections. Disadvantages of attempted legal solutions are emphasized, but the value of judicial review to curb arbitrary decisions is also…

In time of retrenchment, must the promising, recently tenured instructor be terminated in favor of the veteran sluggard? A procedure based on the principle of "relatively less merit" is described, and rebuttal by Jordan E. Kurland of the AAUP is provided. (Author/LBH)

A guide is presented for faculty members and administrators about circumstances in which faculty may speak freely on issues and what procedural safeguards are applicable when disciplinary actions are contemplated. Issues of contracts, interests conflicting with the state's, tests for violation of First Amendment rights, defenses, and remedies are…

The issue of whether cheating and plagiarism should be categorized as an academic evaluation or disciplinary misconduct is discussed. It is claimed that if these offenses are categorized as disciplinary misconduct, students are entitled to some due process. However, if cheating and plagiarism are classified as academic evaluations, students are…

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)

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…

The University of Michigan vs. Scott Ewing case, in which a medical student who had not passed a required examination was dismissed, and the potential for legal pressure brought to writing teachers and writing programs are discussed. (MSE)