A New Generation of Tenure Problems: Legal Issues and Institutional Responses.

Autor/in	Lee, Barbara A.
Titel	A New Generation of Tenure Problems: Legal Issues and Institutional Responses.
Quelle	(1986), (17 Seiten) PDF als Volltext kostenfreie Datei Verfügbarkeit
Sprache	englisch
Dokumenttyp	gedruckt; online; Monographie
Schlagwörter	Recht; College Administration; College Faculty; Contracts; Court Litigation; Departments; Due Process; Educational Quality; Employment Practices; Evaluation Problems; Faculty College Relationship; Higher Education; Labor Market; Performance Factors; Promotion (Occupational); Teacher Rights; Tenure + Suchen Sie Ihr Suchwort? College administrators; Hochschulverwaltung; Fakultät; Vertrag; Rechtsstreit; Department; Abteilung; Quality of education; Bildungsqualität; Berufspraxis; Hochschulbildung; Hochschulsystem; Hochschulwesen; Labour market; Arbeitsmarkt; Leistungsindikator; Aufstiegsberuf; Berufsförderung; Amtszeit; Beschäftigungsdauer
Abstract	This chapter addresses developments concerning faculty tenure, examines institutional responses to new pressures and the litigation by faculty over those reponses, and explores faculty and administration rights and responsibilities. Academic administrators have realized that the reappointment, tenure, and promotion processes are an opportunity to assess faculty performance. The depressed faculty job market has resulted in a pool of talented applicants with whom a department can replace a nontenured faculty member whose performance proved unsatisfactory. Pressures for educational quality have caused institutions to demand more and higher quality publications, terminal degrees, and other measures of faculty performance. Application of higher standards has generally been upheld by courts. Plaintiffs have usually argued that either the new requirements deny contractual or due process rights or that they constitute employment discrimination. Courts have ruled that both academic departments and administrators can unilaterally raise publications standards and apply them to faculty hired under old rules. Post-tenure review is opposed by the American Association of University Professors, though no direct litigation has resulted. Its legality may be challenged as enrollments decline and demands for accountability increase. Tenured faculty have perceived regulation of their time to influence position autonomy. While procedural protections of tenure persist, the institutional right to determine and to enforce performance expectations from faculty is unrelated to tenure. (CJH)
Erfasst von	ERIC (Education Resources Information Center), Washington, DC