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The court originally found that Fisher had a comparable worth to her make colleagues. In fact, she actually published more than they did (204-205).
4. Termination of Tenured Faculty For Cause
The American Association of University Professors has recommended that universities extend adopt regulations for dismissing tenured faculty for "adequate cause," but leave the specifics up to the university (215). Tenured university professors can be relieved of their duty for cause if they fail to maintain their "fitness" as "teachers and researchers" (215-216). One example of how this policy can be interpreted for individual universities is a university that required a tenured professor two have a review of unsatisfactory performance for two consecutive years before being terminated for cause, in addition to "clear and convincing evidence" of this status. Misconduct, neglect, and dishonesty are other conditions that would require the dismissal of a tenured faculty member for cause (216). Courts reviewing these cases must be sure that the for-cause dismissal is warranted, abides by written documents, and is not an attempt to remove free speech or academic freedom.
5. Part Time Faculty
By hiring part-time faculty, universities save money, as these employees are not awarded benefits and are generally paid less than full-time professors. The hiring of Part-Time faculty brings about many issues for a university, such as how part-time faculty members are distinguished from full-time faculty and what rights, such...
In order to avoid legal issues regarding the different types of faculty, it is recommended that "administrators…understand the differences in legal statuses of part-time and full-time faculty members at their institutions" (193).
6. Are Faculty Employers or Employees
When it comes to collective bargaining, it is important to distinguish between employees and "managerial or supervisory" personnel, who cannot engage in collective bargaining based on the National Labor Relations Act. While it seems easy to distinguish between these two types of workers, it is, in fact, very difficult when it comes to the University or College. Based on the popular case regarding Yeshiva University, certain faculty can be considered supervisors, while others, for instance part-time faculty, are considered employees. Because the Yeshiva case is the one upon which precedent is set, these terms can only be applied to other schools that are like Yeshiva. Thus, certain professors at private colleges could also be considered employees. The difficult distinction between part-time and full-time faculty, or managerial-like and employee-like faculty, can be a difficult concept to grasp as it is readily changing. In order to solve this problem, it is necessary that the gap in understanding between legal issues that apply to part-time faculty and issues that apply to full-time faculty are resolved. This would satisfy many issues, especially those having to do…
In taking the approach that improvement in these areas can be achieved by establishing some form of post-tenure review, institutions are sending the signal that the blame for school-wide failures falls upon the teachers. A failure on the part of the institution to take this responsibility and the eroding of its confidence in its teachers promotes a deeply unhealthy context for academic freedom or creativity. This is to say that
tenure elimination in detail. In the first part of the essay, I have given explanation regarding tenure and why it is rewarded to teachers. Later, I have discussed the benefits and drawbacks of eliminating tenure for public school teachers. Just as any other profession is in need of job security, the profession of teaching also wants the same. And it is the vehicle of tenure that is the only way
If both parties agree, another alternative dispute resolution method may be used. Specific reasons must be in writing for any decision to terminate the tenured faculty member. The post-tenure review process is mandatory when an administrator is faced with deciding whether to terminate a tenured faculty member with allegations of dating an 18-year-old student and receiving evidence of phone records and witness documentation of the faculty member being seen with
Tenure and Higher Education Does Tenure Work in Education or is it Outdated? My position is that Tenure still works. The topic tenure has formed much intense discussion in current years. There is an argument by few that tenure is an outdated idea and concept, and, therefore, if institutions remain competitive, then for this purpose they actually need to be more expert as well as flexible to appoint and dismiss the teaching
In fact, he seems to have done all that he could upon entering the department to reshape it to fit his own ideas. While freedom of expression is valid, the department also has a right to advocate a particular approach to education and to choose new professors who fit into that approach. Under the circumstances, the President should in no way disagree with the recommendation and submit his own recommendation
Indeed, regardless of how the discussion is framed, this power struggle between administrators and educators remains a constant and relevant force. Still, some research comes to support this idea that tenure helps to promote inequality across certain lines. For instance, Evans et al. (2008) remark on the gender and race lines that permeate the educational hierarchy. According to Evans et al., "sixteen percent of faculty in undergraduate and graduate