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ERIC Number: ED264786
Record Type: Non-Journal
Publication Date: 1986-Jan
Pages: 78
Abstractor: N/A
Reference Count: N/A
ISBN: N/A
ISSN: N/A
Procedural Due Process in the Context of Public Higher Education: The Identification of Specific Due Process Components Impacting the Termination of Tenured Faculty.
Habecker, Eugene B.
Due process procedures that are judicially required in public colleges and universities when tenured faculty are involuntarily terminated for cause were identified through analysis of federal case law. Other areas of case law pertaining to due process were reviewed, including student dismissals from public colleges and universities, and property deprivation in areas outside higher education. Cases were selected from those dealing with procedural due process decided by the U. S. Supreme Court between 1970 and 1979, as well as 1982 cases from 11 federal judicial circuits. Of 10 due process components, 2 primary ones were identified: (1) an oral or written statement of the charges; and (2) an opportunity to be heard in one's own defense before competent and impartial persons who have the power to expel, suspend, or dismiss. For U.S. Supreme Court cases, the first due process component was referred to in about 70% of decided cases, while the second component was referred to in all of the decided cases. For the federal circuit cases, the first component appeared in more than 65% of the cases, while the second component appeared in more than 70%. A list of cases including dates of the decisions is appended. (SW)
Publication Type: Reports - Evaluative
Education Level: N/A
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A