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 the student, buying liquor for the student, and kissing the student on school grounds. The administrator submits required documents to the APT review committee. The committee reviews the documents, convenes, deliberates, and vote. The vote is based on the school's rating policy to determine whether the faculty member warrants an acceptable rating in the academic areas and in institutional service (the Texas a&M University System Health Science Center Rules, 2007). The votes are done by private ballot and require the majority vote for acceptability.
The committee, then, sends recommendation to the Component Head, who will make a decision whether to accept or overturn the recommendation and sends a letter to the Vice President of Academic Affairs and President of notification of positive post-tenure review decisions. If the faculty member receives an unacceptable review decision, they are required to undertake a professional development plan. A written decision is sent to the faculty member, Department Chair, Associate Dean for Academic Affairs and the Chair of the component APT Review Committee.
State of Texas law (Texas Education Code Section 51.942) states that a faculty member is subject to revocation of tenure and other appropriate disciplinary action if incompetency, neglect of duty, or other good cause is determined to be present (the Texas a&M University System Health Science Center Rules, 2007). Therefore, under the conditions of professional misconduct, where evidence is presented, the professional development plan does not have to be done. The faculty member can be terminated with the Review Board decisions. Having relationships with students attending the same institution the faculty member teaches at goes against professional morality in the way faculty are to conduct themselves in...
In the case of Wurth v. Oklahoma City University, 907 P.2d 1095 (Okla. Ct., App. 1995), "a tenured employee may be discharged from employment for such causes as conduct involving moral turpitude or failure to maintain the level of competence necessary for tenure" (Euben, 2005). Under the circumstances of dating a student at the same institution the faculty member teaches at, even though it may be consensual, receiving evidence of the acts, and the duty of professors to act professionally, there is room for termination of the faculty member. What professors and teachers do off the job affect the university the same as what they do on the job. In cases of moral misconduct, the faculty member should have tenure revoked and be terminated for professional misconduct.
Bibliography
Sec. 51.942. Performance Evaluation of Tenured Faculty. (1998). Retrieved from State of Texas Education Code: http://www.statutes.legis.state.tx.us/Docs/ED/pdf/Ed.51.pdf
The Texas a&M University System Health Science Center Rules. (2007, Aug 15). Retrieved from 12.06.99.Z1 Post Tenure Review: http://www.tamhsc.edu/facultystaff/rules/12.06.99.Z1-Post-Tenure-Review-Rules.pdf
Academic Freedom. (2013). Retrieved from the Free Dictionary: http://legal-dictionary.thefreedictionary.com/Academic+Freedom
Elder, G.L. (2013). Texas law tough on sexual relationships between teachers and students. Retrieved from total criminal defense: http://www.totalcriminaldefense.com/news/article/sex-crimes/teacher-student-sex/
Euben, d. R. (2005, Aug). Post-Tenure Review: Some case law (2005). Retrieved from aaup: http://www.aaup.org/issues/post-tenure-review/some-case-law
Hill, J. (2010). The weakening of tenure and post-tenure review: An issue analysis. Journal of the Utah Academy of Schiences, Arts, and Letters, vol 87, 111-120.
Lasko, J. (2006). Two cheers for tenure. Juniata Voices, Bookend Siminar, 75-83.
Olivas, M. (1997). The law and higher education: Cases and materials on colleges in court. Durham, NC: Carolina Academic Press.
