Faculty Rights What Is Tenure? Thesis

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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 as tenure, benefits, severance, and collective bargaining, they are granted (192).

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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….....

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