ERIC Number: ED297645
Record Type: RIE
Publication Date: 1988
The Legal Rights of Tenured and Part-Time Faculty Members in Higher Education.
Corley, Sherie P.
A review of faculty-related court decisions in the areas of status, compensation, and unit determination points out legal rights of part-time and full-time faculty in higher education. These rights have been tested and defined by many court cases. Litigation has occurred about the difference between part-time and full-time faculty. In regard to status, basic to the property contract rights of faculty is the classification of employee position. It is estimated that about 85% of part-time faculty are not eligible for tenure. The due process granted an employee may be accrued as a matter of law, policy, common practice, and/or acquiescence. Persons contemplating part-time employment should consider rights to security, type of work offered, and administrative responsibility for monitoring part-time employment. Different standards of compensation for part-timers are tolerated as long as there is a justification of differential treatment. Unit determination involves a decision about whether or not a group should be included in a collective bargaining unit. The actions of various states have led to a tightening of definitions. Efforts to include part-timers have been most successful at the community college level. Part-time faculty are often treated differently by administrators who do not want to incorporate the part-timers in tenured faculty negotiations. A review of related court cases suggests an improvement in the quality of educational codes and statuses so the relationship between the institution and its employees is more clearly understood. Contains 30 references. (SM)
Publication Type: Information Analyses
Education Level: N/A
Authoring Institution: N/A