Reviews the history of the tenure system and its constitutional and due process implications. Describes Florida's sustained performance review program, an evaluation of tenured faculty every seven years to encourage continuing professional development. (SK)

Higher education administrators planning for retrenchment should follow these guidelines: document the financial circumstances justifying retrenchment; devise a long-range financial plan; identify how and by whom retrenchment decisions are made; and know both the interests of and procedural protections available to faculty, staff, and other…

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)

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…

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…

Lists guidelines to help department administrators reduce their liability and strengthen their position when faced with grievances or lawsuits. (AEA)

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…

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…

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…

Adequate cause for dismissal is defined and analyzed. Whether for immoral conduct, insubordination, or incompetency, an institution must be mindful of the countervailing protection of academic freedom. Dismissal must be firmly grounded upon demonstrable acts or omissions and assume reasonable procedures, incorporating peer review. Some court cases…

This document presents an analysis of part-time employment issues in California community colleges, including a review of historical developments of the law covering the employment of certificated personnel, a review of some benefits and problems associated with part-time teaching, and consideration of part-time faculty employment as a major issue…

This document is an updating supplement to a 1973 volume of the same title and is intended to cover the various aspects of court action effecting higher education, and particularly the faculty and staff for the period 1973-76. The areas discussed include the inception of contracts; due process in nonrenewal of nontenure contracts and probationary…

Analysis of court cases, employment law, and events in higher education yielded information about tenure as a contract, use of credentials as evidence, and due process in orderly tenure procedures. Academic, legal, and ethical perspectives are considered. Guidelines for social work faculty in dealing with these issues are offered. (Author/MSE)

The status of judicial theory regarding private responsibility for granting procedural due process, and the extent to which policies in New England's private postsecondary institutions adhered to judicial requirements for due process in nontenured faculty terminations were studied. A review of the literature, research methodology, and definition…