ERIC Number: ED198771
Record Type: Non-Journal
Publication Date: 1980-Dec
Reference Count: N/A
The Current Legal Status of Tenure in Institutions of Higher Education.
Wessells, Fred P.
The history and present legal status of tenure in colleges and universities are considered. The evolution of tenure is traced in conjunction with the role that the American Association of University Professors (AAUP) has played since 1915 in the development of tenure and academic freedom in higher education. AAUP has a quasi-legal investigative committee that serves to study each case brought before it and then to make recommendations to the organization that can lead to censure of the college or university. The committee has provided the support and the legal basis for faculty members to take their cases to the court system. Court cases in the early 1970's that involve tenure and academic freedom issues are considered. The first step in the grievance process is internal grievance resolution, and the second step is AAUP intervention. The cases that are reviewed represent landmark decisions handed down in the past decade in the areas of employment contracts, procedural issues related to the 14th amendment due process rights, financial exigency, moral turpitude, dissention as related to academic freedom, and age discrimination. A comprehensive list of 86 additional cases pertinent to these topics is appended. Additionally, the June 1980 case of Maija S. Blaubergs vs. Board of Regents of the University System of Georgia, James A. Dinnan, et al. is examined. All the pertinent AAUP statements between 1915 and 1980 related to academic freedom and tenure and extensive legal and nonlegal bibliographies are appended. (SW)
Descriptors: Academic Freedom, Codes of Ethics, College Faculty, Contracts, Court Litigation, Due Process, Educational History, Employment Practices, Faculty College Relationship, Grievance Procedures, Higher Education, National Organizations, Personnel Policy, Position Papers, Professional Associations, Tenure, Trend Analysis, Unions
Publication Type: Legal/Legislative/Regulatory Materials; Historical Materials; Information Analyses
Education Level: N/A
Authoring Institution: N/A