The status of judicial theory regarding private responsibility for granting procedural due process, and the extent to which policies in New England's private postsecondary institutions adhered to judicial requirements for due process in nontenured faculty terminations were studied. A review of the literature, research methodology, and definition of terms are given. Due process, court cases, and judicial posture are reported. In an analysis of the status of state action in private higher education, general information is presented regarding the state's ability to intervene, sex discrimination and the Nexus-Aggregate argument, rules of procedure distractions, and it is concluded, among other things, that state action may occur at the time in which the state elects to promote teacher employment. A chapter on due process policies in New England's private sector discusses the nature, purpose, and methodology of the study in New England. It is also concluded that since 1961, in major state action cases involving private postsecondary schools, it has been acknowledged that state action could be found in activities of independent colleges and universities. Appendices include: original and follow-up letters of transmittal; frequency of answers to questionnaires by state and size of institution; and evaluations of institutional policies in the northern and southern regions and in each state. A selected bibliography is included. (LC)