Two recent court decisions provide different answers to the question of whether university faculty members have the right to confidentiality when voting on a colleague's promotion or tenure. The controversy over these decisions should lead colleges and universities to consider carefully the appropriateness of secrecy in promotion and tenure…

Principals still are not differentiated from teachers under the law of many states, even though their duties and responsibilities differ. This situation has begun to change as a result of court action by principals at the state level, which is discussed in this paper. Although administrative tenure is rare, it presents special problems when…

The objective of the research reported in this speech was to investigate the extent to which alternatives to tenure will withstand legal scrutiny and the degree to which higher education, through the alternative configurations, and the courts, through legal interpretations, are modifying traditional tenure. Tenure principles of the profession are…

Outlines the principal features of the Public Community College Act providing statutory tenure for faculty members in community college districts in Illnois after three consecutive years of satisfactory service. Briefly summarizes the responses to the bill of the governor and community college faculty members. (AYC)

Discusses two major barriers to successful legal challenges to denial of tenure based on allegations of gender or race discrimination: court deference to academic decision-making and the complexity of the process leading to the granting or denial of tenure. (PKP)

This publication summarizes and compares legal provisions covering teacher tenure and contracts for each of the 50 states. The report is organized in three sections. Section 1 presents a summary comparison of the provisions of Washington's teacher contract law with corresponding statutory requirements of the other 49 states. Section 2 identifies…

Tenured faculty are normally terminated only for just cause. In "Milbouer v. Keppler," however, an Idaho district court upheld faculty members' discharge when Boise State University declared a financial exigency. Examination shows that this definition of financial exigency derived from budget reductions that affected small program…

How Title VII of the Civil Rights Act litigation has affected universities is reviewed. The applicability of statistical evidence in university Title VII actions and the different uses courts have made of such evidence are discussed. (MLW)

Reviews the historical background of teacher tenure and discusses, using state court decisions, the bases for teacher dismissal, including insubordination, moral misconduct, disability, job elimination, and incompetence. Notes seven types of incompetence warranting dismissal, involving discipline, scholastic ability, pupil performance, and other…

Reviews the major legal issues that will confront an educational governing board when it lays off an employee. (Author/IRT)

Giving reasons for terminating employees can enhance the credibility of administrators among teachers and the public. The legal and policy review presented here can help administrators with the task of formally evaluating teachers. (Author/LD)

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)

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…

The author feels it is incumbent on the principal to release unwanted incompetent teachers and outlines the tenure laws and dismissal criteria that serve both to protect teachers and guide administrators. (Editor/SJL)

Recent cases in which the courts have either ordered reinstatement of dismissed tenured faculty or refrained from doing so are surveyed, and the themes that generally distinguish one decision from the other are examined. (MSE)