Dismissal of Tenured Higher Education Faculty

Dismissal of Tenured Higher Education Faculty
Author: Arval A. Morris
Publisher: Nolpe
Total Pages: 120
Release: 1992
Genre: Business & Economics
ISBN:

This publication presents a close examination of conceptual, legal and related issues surrounding the dismissal of tenured higher education faculty, under the fourth exception to the Age Discrimination in Employment Act (ADEA). This exception, which will expire on December 31, 1993, permits existing, compulsory retirement-age policies to be applied to employees by their college or university employer at age 70 if the employees are "serving under a contract of unlimited tenure." The study is organized into four parts. The first, an introduction, describes the history of the development of the ADEA legislation and its amendments and exception as well as an overview of the study itself. Section II, "The Concept of Tenure," focuses on tenure's function and justification without considering the law. Part III, "The Legal Aspects of Tenure," addresses the question of whether the concept of tenure constitutes an unacceptable obstacle for institutions of higher education such that their efforts to achieve educational goals is unacceptably impaired. Part IV, "Conclusion," discusses age-neutral procedures, involuntary versus voluntary termination, the need to retain older faculty, and the role of academic tenure in the 1990s. An appendix offers dismissal procedure guidelines. Also included are a table of cases cited and an index. (JB)

The Law of Higher Education

The Law of Higher Education
Author: William A. Kaplin
Publisher: John Wiley & Sons
Total Pages: 749
Release: 2011-03-08
Genre: Education
ISBN: 1118046595

Based on the fourth edition of The Law of Higher Education—the indispensable guide to law that bears on the provision of higher education—this Student Edition provides an up-to-date reference and guide for coursework in higher education law. It also provides a guide for programs that help prepare higher education administrators for leadership roles. This important reference is organized into five main parts Perspectives and Foundations; The College and Its Governing Board and Staff; The College and Its Faculty; The College and Its Students; and The College and the Outside World. Each part includes the sections of the full fourth edition that most relate to student interests and are most suitable for classroom instruction, for example: The evolution and reach of higher education law The governance of higher education Legal planning and dispute resolution The interrelationships between law and policy The college and its employees Faculty employment and tenure Academic freedom Campus issues: student safety, racial and sexual harassment, affirmative action, computer networks, services for international students Student misconduct Freedom of speech, hate speech Student rights, responsibilities, and activities fees Athletics and Title IX Copyright

Recommended Principles to Guide Academy-Industry Relationships

Recommended Principles to Guide Academy-Industry Relationships
Author: American Association of University Professors American Association of University Professors
Publisher: University of Illinois Press
Total Pages: 370
Release: 2014-02-15
Genre: Education
ISBN: 0252096584

The reputation of a college or institution depends upon the integrity of its faculty and administration. Though budgets are important, ethics are vital, and a host of new ethical problems now beset higher education. From MOOCS and intellectual property rights to drug industry payments and conflicts of interest, this book offers AAUP policy language and best practices to deal with all the campus-wide challenges of today's corporate university: • Preserving the integrity of research and public respect for higher education • Eliminating and managing individual and institutional financial conflicts of interest • Maintaining unbiased hiring and recruitment policies • Establishing grievance procedures and due process rights for faculty, graduate students, and academic professionals • Mastering the complications of negotiations over patents and copyright • Assuring the ethics of research involving human subjects. In a time of dynamic change Recommended Principles to Guide Academy-Industry Relationships offers an indispensable and authoritative guide to sustaining integrity and tradition while achieving great things in twenty-first century academia.

The Law of Higher Education, 5th Edition

The Law of Higher Education, 5th Edition
Author: William A. Kaplin
Publisher: John Wiley & Sons
Total Pages: 979
Release: 2013-12-23
Genre: Law
ISBN: 1118755863

Based on the fifth edition of Kaplin and Lee’s indispensable guide to the law that bears on the conduct of higher education, The Law of Higher Education, Fifth Edition: Student Version provides an up-to-date textbook, reference, and guide for coursework in higher education law and programs preparing higher education administrators for leadership roles. The Student Version includes the materials from the full fifth edition that most relate to student interests and are most suitable for classroom instruction. For example: The evolution of higher education law and governance Legal planning and dispute resolution The relationship between law and policy Faculty and staff employment issues, including collective bargaining Academic freedom for faculty and students Copyright basics The contract rights of students Legal issues in online education The rights of students and faculty with disabilities Campus issues: safety, registered sex offenders, racial and sexual harassment, student suicide, campus computer networks, searches of students’ residence hall rooms Hate speech and freedom of speech, including the rights of faculty and students in public universities Student organizations’ rights, responsibilities, and activities fees Governmental support for religious institutions and religious autonomy rights of individuals in public institutions Nondiscrimination and affirmative action in employment, admissions, and financial aid Athletics and Title IX FERPA (Family Educational Rights and Privacy Act) Each chapter is introduced with an overview of key terms and ideas the students will encounter. In addition, the book includes a general introduction to the study of higher education law, a glossary of key legal terms, and appendices for non-law students on the American court system and on how to read court opinions. The authors have also prepared a volume of teaching materials keyed to the Student Version, available from the National Association of College and University Attorneys (NACUA). In addition, the authors will periodically update the Student Version by posting recent developments on a Web site hosted by NACUA.

The Law of Higher Education, A Comprehensive Guide to Legal Implications of Administrative Decision Making

The Law of Higher Education, A Comprehensive Guide to Legal Implications of Administrative Decision Making
Author: William A. Kaplin
Publisher: John Wiley & Sons
Total Pages: 1216
Release: 2019-04-01
Genre: Education
ISBN: 111927186X

Your must-have resource on the law of higher education Written by recognized experts in the field, the latest edition of The Law of Higher Education, Vol. 1 offers college administrators, legal counsel, and researchers with the most up-to-date, comprehensive coverage of the legal implications of administrative decision making. In the increasingly litigious environment of higher education, William A. Kaplin and Barbara A. Lee’s clear, cogent, and contextualized legal guide proves more and more indispensable every year. Two new authors, Neal H. Hutchens and Jacob H Rooksby, have joined the Kaplin and Lee team to provide additional coverage of important developments in higher education law. From hate speech to student suicide, from intellectual property developments to issues involving FERPA, this comprehensive resource helps ensure you’re ready for anything that may come your way. Includes new material since publication of the previous edition Covers Title IX developments and intellectual property Explores new protections for gay and transgender students and employees Delves into free speech rights of faculty and students in public universities Expands the discussion of faculty academic freedom, student academic freedom, and institutional academic freedom Part of a 2 volume set If this book isn’t on your shelf, it needs to be.

The Law of Higher Education, 2 Volumes

The Law of Higher Education, 2 Volumes
Author: William A. Kaplin
Publisher: John Wiley & Sons
Total Pages: 1788
Release: 2006-08-18
Genre: Education
ISBN: 0787986593

This fourth edition of the indispensable guide to the laws that bear on the conduct of higher education provides a revised and up-to-date reference, research source, and guide for administrators, attorneys, and researchers. The book is also widely used as a text for graduate courses on higher education law in programs preparing higher education administrators for leadership roles. This new edition includes new and expanded sections on laws related to: * religious issues * alternative dispute resolution * the college and its employees * collective bargaining at religious and private colleges * whistleblower and other employee protections * personal liability of employees * nondiscrimination and affirmative action in employment * campus technology and computer networks * disabilities * student academic freedom * freedom of speech and hate speech * student organizations' rights, responsibilities, and activities fees * athletes' rights * USA patriot act and immigration status * public institutions and zoning regulations * regulation of research * coverage of retaliatory and extraterritorial acts * federal civil rights statues

Higher Education Law

Higher Education Law
Author: Steven G. Poskanzer
Publisher: JHU Press
Total Pages: 367
Release: 2003-05-01
Genre: Education
ISBN: 0801876699

"Do we need to talk to our lawyers about this?" "What do the attorneys say?" "Why didn't you get the lawyers involved before now?" Just about every department chair and dean, certainly every provost and president, and an ever-increasing number of faculty find themselves asking—or being asked—such questions. Dealing with issues ranging from academic freedom to job security and faculty discipline, lawyers, legal requirements, and lawsuits has become an established part of the apparatus of American higher education. Higher Education Law was written to help faculty and administrators navigate critical legal issues and avoid potential legal pitfalls. Drawing on his experience as university counsel, administrator, and teacher at a number of institutions, Steven G. Poskanzer explains the law as it pertains to faculty activities both inside and outside the academy, including faculty roles as scholars, teachers, and members of institutional communities, as well as employees and public citizens. In each of these areas, he expands his discussion of cases and decisions to set out his own views both on the current status of the law and how it is likely to evolve.