Legal rulings have called for the inclusion of collegiality as a fourth evaluation category for university faculty. Collegiality is considered to be any extra-role behavior that represents individuals' behavior that is discretionary, not recognized by the formal reward system and that, in the aggregate, promotes the effective functioning of the educational organization. This article examines the important legal precedent that calls for the inclusion of collegiality as an evaluation category in light of a position taken by the American Association of University Professors (AAUP). The AAUP recommended against including collegial behaviors in faculty evaluations stating that the inclusion could hinder academic freedom by not allowing for dissent and that the construct of collegiality is amorphous and prevents the creation of an effective tool available to evaluate collegial behavior. The additional case made by the non-collegial faculty member is that collegiality is not part of their formal contract and they are, therefore, not held accountable for any lack of it. Faculty members have been denied tenure based upon a lack of ability to work well with others and have taken university decisions to courts. Courts have suggested that universities include collegial behaviors as part of the formal contract. Inclusion could put departments on better legal grounds for dismissal and may act as a deterrent for faculty denied tenure or promotion to pursue legal action. Studies have also shown that collegial behaviors are correlated with institutional effectiveness and valued by tenure track faculty. This paper will examine the legal findings may help guide university faculty when making tenure and promotion decisions. Additionally, the amorphous nature of the construct of collegiality will be delineated for more effective use in communicating expectations of collegiality. (Contains 2 tables.)