In recent years, the trend has been to involve college faculty in faculty reduction decisions. Experience suggests that for faculty participation to be effective, it requires accurate financial statements and mutually understood goals, appropriate governance and contractual mechanisms, and establishment of humane means of addressing the needs of…

Teachers have the same rights as others, under the first amendment, to express their views outside the classroom. Inside the classroom, however, the teacher is obliged to meet the expectations of the job, and this implies reasonable restrictions on the expression of private views. United States Supreme Court cases have reviewed the teacher's right…

As part of an ongoing three-year investigation into the effects of declining enrollment and reduction in force (RIF) on teachers, this paper explores: (1) teacher acceptance of exclusive administrative control over performance evaluations, and (2) teacher preferences for colleague input into the evaluation process. A sample of 85 schools was drawn…

In problems pertaining to faculty dismissal, public higher education institutions are subject to both constitutional and contractual constraints, whereas private schools are subject almost solely to self-imposed contractual limitations. In public institutions, teachers alleging termination for protected free speech bear the burden of establishing…

The collective bargaining agreement between Western Michigan University and the university's chapter of the American Association of University Professors covering the period September 6, 1987-September 6, 1990 is presented. Items covered in the agreement include: chapter recognition, management rights, chapter rights, rights to data, access to…

The psychosocial dimensions of filing grievances in academia were studied, along with faculty members' views of the experience, factors contributing to success or failure, the effect of age and sex, and effectiveness in achieving sex equity. Questionnaire responses were obtained from 41 grievants at a major eastern university. Fifty-four percent…

A bill was introduced in the Colorado House of Representatives dealing with provisions for a written employment performance evaluation requirement in conjunction with a teacher dismissal provision based on performance evaluation. This paper reviews the major evaluation concepts introduced into the legislative process (which were based on the…

America's legal-educational history is filled with scores of cases of alleged radical teachers who have been legally excluded or removed from public school positions. Only a few of these cases have involved the First Amendment issue of inclass utterances by radicals. Such cases are significant because they highlight the established society's…

This book is a collection of the major papers presented at the 22nd annual NOLPE convention, held in Atlanta, Georgia, on November 10-12, 1976. These papers are concerned primarily with new developments in the courts with particular emphasis on those cases decided during 1975 and 1976. The papers are concerned with such issues as due process,…

The author notes in his introduction to this chapter that judicial review of institutional decisions remains at an all-time high. He urges administrators to be aware of the developments in law pertaining to higher education but cautions them not to apply general concepts to specific questions. He notes that the weight of litigation in 1978 serves…

Chapter 18 of a book on school law summarizes court decisions that have established the responsibility of school officials, when taking disciplinary action, to conduct hearings to protect employees' and students' due process rights. The courts have used a balancing test to determine whether a trial procedure or a more informal procedure can be…

The bulk of this chapter is devoted to three areas of contention: discrimination in employment (including discrimination on the grounds of race, sex, age, and handicapping condition), the discipline and dismissal of employees (including separate discussions of such causes as insubordination, neglect of duty, unprofessional conduct, incompetence,…

Declining enrollment and lower teacher turnover have forced many school districts to reduce the number of professional personnel employed. State legislatures, the courts, and local collective negotiations have been the principal scenes of legal activity concerning reduction in force (RIF). In this monograph, both technical legal information and…

Two areas of law are examined in this paper: student free speech and immorality as the basis of teacher dismissal. These areas are discussed to exemplify an increasing impact of judicial decisions on school practices, and to support the argument that schools of education need to engage in teaching and research about law as it relates to education,…

History, Administration of the College, Faculty, Services, Student Life, and General Information are the major sections of the faculty handbook of St. Olaf College, a church-related school in Northfield, Minnesota. Responsibilities for administrative, departmental, and teaching positions, and for faculty committees are described, and personnel…