ERIC Number: ED396608
Record Type: RIE
Publication Date: 1995
Tenure, Promotion, and Reappointment: Legal and Administrative Implications. ASHE-ERIC Higher Education Report No. 1.
Baez, Benjamin; Centra, John A.
This book addresses the legal implications of reappointment, promotion and tenure decisions bearing on college faculty with an emphasis on how understanding the relevant legal principles can inform practice. It uses scenarios and cases to illustrate the conflict between institutional and individual rights and the potential legal problems associated with employment contracts, due process requirements, academic freedom, employment discrimination, affirmative action, and peer review. Specific issues addressed include: the role of the courts in reappointment, promotion, and tenure decisions; reasons tenure is the subject of numerous faculty lawsuits; the contents of the faculty employment contract; constitutional guarantees of due process for untenured faculty members; how the courts balance institutional and individual First Amendment rights; protection of faculty from illegal discrimination; the legal boundaries of affirmative action; the courts' concern for balance between the confidentiality of the peer review system and protection from discrimination; and the liability exposure of administrators and faculty members participating in the peer review process. Individual chapters address: (1) tenure in American higher education; (2) the faculty employment contract; (3) constitutional rights in employment decisions; (4) employment discrimination; (5) affirmative action, diversity, and individual rights; (6) legal implications of peer review; and (7) recommendations for policy and practice. A list of relevant court cases is attached. (Contains 100 references.) (CK)
Descriptors: Academic Freedom, Affirmative Action, Collective Bargaining, College Faculty, Court Litigation, Due Process, Grievance Procedures, Higher Education, Peer Evaluation, Public Colleges, Tenured Faculty
ERIC Clearinghouse on Higher Education, One Dupont Circle, N.W., Suite 630, Washington, DC 2036-1183 ($18 plus $3.75 postage).
Publication Type: ERIC Publications
Education Level: N/A
Sponsor: Office of Educational Research and Improvement (ED), Washington, DC.
Authoring Institution: Association for the Study of Higher Education.; ERIC Clearinghouse on Higher Education, Washington, DC.; George Washington Univ., Washington, DC. Graduate School of Education and Human Development.
Note: For a digest of this report, see HE 029 232.