There has been little research regarding adverse employment actions against public school principals. Principals are dismissed, demoted, or transferred, not only for low accountability test scores but for a variety of reasons that may or may not affect test scores. The legal ramifications of these adverse employment actions have resulted in…

The fiscal year that begins on July 1 for most colleges is expected to bring a wave of layoffs, as institutions grapple with declining state contributions, a falloff in donations, and other budget pressures. Eliminating jobs can create a number of legal pitfalls, including potential lawsuits for breach of contract or discrimination. If handled…

This activity is designed to be utilized in a School Law class, but is also appropriate for a class in Human Resources. Holding students and staff accountable for their actions is essential to a well run school. School principals are prepared to deal with student accountability and student discipline issues, but rarely are principals ready to deal…

Superintendent dismissal cases may be grouped into two major categories (nonrenewals and terminations) that can be divided into three levels: cases based primarily on the contract, on legislation, or on constitutional rights. Superintendents have been much more successful in challenging terminations than nonrenewals. Numerous issues and cases are…

Examined formal sexual harassment charges (N=81) to identify the characteristics of individuals who file formal sexual harassment charges and describes the behaviors and employment-related consequences associated with such charges. Sex, age, marital status, educational level, occupation, and salary distributions of complainants differed…

Discusses the role of collegiality in college personnel tenure decisions. No court has held that the use of collegiality in tenure decisions is inappropriate, but judicial conflicts arise as to whether collegiality has been invoked in a manner that is discriminatory or that violates free speech. (Author/SLD)

Describes a principal's reaction to the destruction of his career resulting from unfounded sexual harassment charges. Blackballed by the educational community, he became an excellent car salesman and author of a book on parental involvement. Advice for other administrators judged "guilty by accusation" is provided. (MLH)

The court decision of the Bloomfield College case concerning dismissals and abolition of tenure is presented with an explanatory introduction. (PG)

Although the law pertaining to tenure denial based on scholarship and teaching is well settled, legal issues governing faculty dismissal due to declining college enrollments are unsettled. This paper reviews tenure cases and explores tenure denial based on institutional need, anticipating development of a separate body of law. (72 references) (MLH)

In trying to formulate rules governing financial exigency, professors and administrators alike should adhere to the basic ideas of the AAUP guidelines, thus affirming the values of the tenure system yet retaining the flexibility to respond intelligently to deteriorating financial circumstances. (MSE)

School boards may encounter legal complications when they enter into confidential agreements with problem employees. Case studies are presented involving open-records laws, child-abuse reporting laws, fraud and negligent misrepresentation, public policy, and constructive discharge. Recommendations for dealing with settlement agreements are…

This monograph presents a succinct overview of the legal parameters regarding nonretention and dismissal for cause of employees of higher education institutions. The monograph is written in everyday language for the lay reader and presents a concise review of case law on the subject. An introductory chapter discusses judicial review, the…

The law involved in graduate medical education is discussed in several contexts: when applicants are denied admission to residency programs; when residents are dismissed from programs; and when residents, hospitals sponsoring residency programs, or attending physicians are sued for malpractice. (Author/MLW)

Generally, support employees can be discharged only for statutorily created reasons, including incompetence, insubordination, immorality, and "good cause." School officials must know employees' rights under due-process and collective-bargaining rules and use objective evaluation criteria to avoid litigation and remedies for wrongful…

Although most principals and superintendents must be awarded annual or multiyear employment contracts by their school districts, such contracts offer little protection from reassignment to a lesser position or even from dismissal. Inadequate remedies for breach of employment contracts subject school administrators to working solely at their…