This hearing is the fourth in the Committee on Health, Education, Labor, and Pensions' series examining issues in postsecondary education in anticipation of reauthorization of the Higher Education Act. Accreditation's role is to help ensure an acceptable level of quality across a wide spectrum of American higher education. Under the Higher…

Under the Education Sciences Reform Act, all research, statistics, and evaluation reports conducted by, or supported through, the Institute shall be subject to rigorous peer review before being published or otherwise made available to the public. Prior to review and approval by the NCEE Commissioner, NCEE reports are reviewed internally by the…

This guide presents information on the procedures for peer review of grant applications. It begins with an overview of the review process for grant application submission and review. The review process includes: (1) pre-submission procedures that enable the Institute to plan for specific review sessions; (2) application processing procedures; (3)…

The Supreme Court decision to let stand a lower-court ruling that allows a government agency to inspect confidential documents in a faculty tenure case is discussed. An appeal by Franklin and Marshall College on a decision granting the Equal Employment Opportunity Commission access to tenure materials was declined. (MLW)

Personnel decisionmaking at colleges and universities is discussed, with consideration of ways to avoid legal problems. Two approaches are recommended for universities: develop procedures to minimize the risk of law suits by faculty members and school staff, and provide protection from lawsuits for faculty and staff. Institutional procedures that…

Examines the bases for and ramifications of the Supreme Court's decision to allow the Equal Employment Opportunity Commission (EEOC), on behalf of plaintiffs alleging discrimination in tenure decisions, to compel universities to disclose previously confidential peer review materials. (86 references) (MLF)

Analyzes case law on the denial of tenure after a review. Addresses the following issues: due process, access to reviewed materials and deliberations, authority of the ultimate decision-makers, claimed violations of civil rights, liability claims, and quests for damages. Presents recommendations for making higher education policies and practices…

Presents a historical view of the development of the system used at the National Science Foundation for judging proposals sent to the agency for financial support for fundamental research. Controversies that challenged established procedures are described; political influences and policy changes are examined; and the peer review process is…

The Utah Professional Practices Advisory Commission is charged with promoting and maintaining a high degree of professional ethics and practices in education. A majority of its members are classroom teachers. The commission has the responsibility of establishing procedures for acting on alleged violations of standards of ethical conduct and serves…

Argues that enforcement of Title VII in academic institutions has been hampered by protection of the confidentiality of the peer review process, and that in a Title VII case it is important to expose the substance of the peer-review process because such evidence may provide a manifestation of biases in the litigated employment decision. (MLF)

Court definitions of faculty First Amendment rights and the relationship of these rights to academic freedom are reviewed in the context of a recent Supreme Court ruling. (28 references) (MLF)

Hearings on the U.S. system of accrediting colleges are presented, with attention to the relationship between accreditation and the eligibility system of the Department of Education. Colleges approved by accrediting agencies become eligible to participate in federal financial aid programs, while schools that do not follow accrediting agency…

Legal arguments are summarized concerning the case of Professor James A. Dinnan, whose refusal to reveal his vote on a tenure review committee led to his jailing. The author argues that the case illustrates the need to reassess tenuring patterns that foster institutional discrimination, rather than an assault on academic freedom. (PP)

The extension of Title VII to college faculty provided a mechanism for relief in cases where faculty were denied reappointment, promotion, or tenure for reasons unrelated to their job performance. The standards of review in Title VII cases and the court's role in academic Title VII cases are discussed. (MLW)

Sweeney is the first higher education case in which a court overruled unanimous peer recommendation against promotion and tenure. The possible implications for the peer review or collegial model of making faculty promotion and tenure decisions are examined, and more thorough and objective decision methods are recommended. (MSE)