ERIC Number: ED215631
Record Type: RIE
Publication Date: 1982-Mar
Reference Count: 0
Outcomes Analysis of Court Decisions Concerning Faculty Employment.
Zirkel, Perry A.
The outcomes of court decisions concerning faculty employment (e.g., nonrenewal and termination) during 1976-80 were evaluated, along with the level of knowledge among college and university officials about these judicial developments. The primary data source is the "Yearbook of Higher Education Law"; the secondary data source was a sample of 97 college and university officials from the southeast United States. Court decisions reported in four "Yearbooks" were classified according to the outcome of the case, status of the plaintiff, action by the institution, and legal basis of the suit. The 97 officials, who attended a 1981 conference on Higher Education and the Law, were administered an awareness questionnaire concerning judicial developments. Contrary to the common expectation of the administrator respondents, there has not been a dramatic growth of faculty employment decisions during the past five years. The overall level of cases has remained approximately the same. The total number of decisions averages about 40 to 45 per year. When the 40 inconclusive decisions are not considered, the overall results favor the defendant-institutions over the faculty-plaintiffs by over a 4-to-1 ratio. The respondents were evenly divided between those perceiving that the faculty had won and those perceiving that the institution had won the majority of cases. Approximately 40 percent of the decisions were based on nonrenewal and termination. The most frequent basis was procedural due process, based on the Fourteenth Amendment. A sample questionnaire is appended. (SW)
Publication Type: Reports - Research; Speeches/Meeting Papers; Tests/Questionnaires
Education Level: N/A
Authoring Institution: N/A
Note: Paper presented at the Annual Meeting of the American Educational Research Association (New York, NY, March 1982).