PDF pending restoration
ERIC Number: ED298815
Record Type: Non-Journal
Publication Date: 1984-Sep
Reference Count: N/A
Court Challenges to Tenure, Promotion, and Retention Decisions. IDEA Paper No. 12.
Promotion and tenure decisions in higher education are discussed and identified as no longer private affairs within departments, but subject to affirmative action guidelines and court scrutiny. Increasing numbers of discrimination complaints are forcing committee members to justify publicly decisions that were once left to their private discretion. Reasons for this important change include the 1972 amendment to Title VII of the Civil Rights Act of 1964 extending to colleges and universities the law's prohibition of employment discrimination on the basis of race, sex, or religion. Though many institutions of higher education have accordingly hired women and minorities, tenure and promotion awards are slow, prompting alleged discrimination suits. A recent study by the National Research Council found discrimination is indeed a cause. The judicial process of discovery (the right of someone involved in litigation to gather evidence) is explained. The Dinnan and Gray court cases are discussed as examples. Further examples are provided to explain how to establish assessment criteria and a prima facie case. Other topics covered include uniform guidelines on employee selection procedures, out-of-court settlements, recent court decisions in discrimination cases, and constitutional due process. A checklist for faculty evaluation process provides 10 suggestions (e.g., written procedures, formal appeal system). Contains 10 references. (SM)
Descriptors: Academic Rank (Professional), Affirmative Action, Civil Rights, Constitutional Law, Court Litigation, Employer Employee Relationship, Equal Opportunities (Jobs), Faculty Promotion, Higher Education, Labor Turnover, Promotion (Occupational), Racial Discrimination, Sex Discrimination, Tenure
Center for Faculty Evaluation & Development, Division of Continuing Education, Kansas State University, KS ($1.00).
Publication Type: Reports - Descriptive
Education Level: N/A
Authoring Institution: Kansas State Univ., Manhattan. Center for Faculty Evaluation and Development in Higher Education.
Identifiers - Laws, Policies, & Programs: Civil Rights Act 1964 Title VII