ERIC Number: ED396607
Record Type: RIE
Publication Date: 1995
Reference Count: N/A
Tenure, Promotion, and Reappointment: Legal and Administrative Implications. ERIC Digest.
Baez, Benjamin; Centra, John A.
This digest of a full report with the same title reviews the literature on the legal implications of college faculty reappointment, promotion, and tenure decisions, with an emphasis on how an understanding of the relevant legal principles can inform practice. It briefly summarizes issues in the following areas: the role of the courts in reappointment, promotion, and tenure decisions; reasons for tenure being the subject of numerous faculty lawsuits; the contents of the faculty employment contract; the constitutional guarantees of due process for untenured faculty members; the courts' balancing of institutional and individual First Amendment rights; protection from illegal discrimination in reappointment, promotion, and tenure decisions; the legal boundaries of affirmative action; the courts' concern for balance between the importance of confidentiality for the peer review system and the need to prohibit discrimination; the liability exposure of administrators and faculty members participating in the peer review process. The digest also lists specific steps that can be taken by administrators, faculty members, and institutional attorneys to minimize the risk of litigation. (CK)
Descriptors: Academic Freedom, Affirmative Action, Collective Bargaining, College Faculty, Court Litigation, Due Process, Faculty Promotion, Grievance Procedures, Higher Education, Peer Evaluation, Public Colleges, Tenure, Tenured Faculty
ERIC Clearinghouse on Higher Education, One Dupont Circle, N.W., Suite 630, Washington, DC 2036-1183 ($1).
Publication Type: ERIC Publications; ERIC Digests in Full Text
Education Level: N/A
Sponsor: Office of Educational Research and Improvement (ED), Washington, DC.
Authoring Institution: ERIC Clearinghouse on Higher Education, Washington, DC.; George Washington Univ., Washington, DC. Graduate School of Education and Human Development.
Identifiers: ERIC Digests
Note: For the full report summarized here, see HE 029 233.