Asserts that tenure may violate Title VII of the Civil Rights Act or more general affirmative action concepts. (Author/PG)

The most common grounds for dismissing tenured faculty have been incompetence, immorality, neglect of duty, and insubordination. Judicial evaluations of substantive grounds for dismissing tenured postsecondary faculty for cause are discussed. (MLW)

As the number and level of fringe benefits increases, particularly in the retirement sphere, institutions must keep in mind that today's commitment will be felt in tomorrow's budget. The range of employee benefits available are analyzed with regard to cost: unfunded benefits (vacations, leave), government programs, insurance, retirement plans, and…

The Supreme Court's three 1986 decisions and March 1987 decision concerning affirmative action and their implications for hiring, promotion, layoffs, and admissions in higher education institutions are discussed. (MSE)

The separate concepts of tenure and academic freedom and their relation to one form of accountability measure--systematic reviews of the performance of tenured faculty--are examined. It is contended that those reviews can be conducted without infringing upon either academic freedom or the institution of tenure. (LB)

The ways in which the legal system has erred, mainly in its failure to understand the workings of the educational function, and the failures of educators to conform their procedures to the demands of the law are examined. Focus is on allocating liabilities between institutions and their personnel, contracts, torts, and indemnification and…

The Tax Reform Act of 1986 and subsequent legislation have radically altered the rules needed to maintain favorable tax status of tax-sheltered annuity plans for college employees. Application of the new rules is complex. Critical questions facing institutions and organizations are answered, and potential liabilities facing educational employers…

Proposed alternatives to the current tenure system are administratively, legally, and ethically unsatisfactory. If uncapping the retirement of faculty presents significant problems, which is not yet clear, the academic community would be better advised to explore voluntary early retirement programs and policies. (Author/MSE)

Because of the influx of immigrants, colleges and universities are increasingly burdened with policy and administrative issues concerning employment of foreign nationals. University attorneys must develop a basic understanding of institutional responsibilities and liabilities in employment of aliens, including employment of students, faculty, and…

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)

The efficacy of student ratings is examined through existing research, and it is concluded that although the ratings are generally reliable and valid indicators of teaching effectiveness and are not strongly influenced by extraneous factors, additional independent evaluation means are needed. (MSE)

Examines the impact of federal civil-rights legislation on the ability of Catholic colleges and universities to engage in mission-centered employment in the context of "Ex Corde Ecclesiae," the Papal constitution on higher education. Argues that Catholic schools would not be in violation of this legislation, but instead would be…

Discusses use of age-related criteria in hiring/continued employment practices in higher education, focusing on an exception in the Age Discrimination in Employment Act allowing employment-related decisions based on "reasonable factors other than age." The language appears to allow limited use of express age criteria where the employer's…

In conjunction with court decisions on financial exigency, the Yeshiva decision has an ironic consequence: tenured faculty can be managers for the purpose of exclusion from protection by the National Labor Relations Act, but at the same time have no managerial role in determining staff reduction in financial exigency cases. (MSE)

The wide range of reproductive hazards encountered by university employees in a variety of job classifications are outlined, and the legal issues raised by possible employment discrimination claims and potential tort liability for reproductive injuries are discussed. Employer responses to the problem and public policy concerns are also examined.…