Tenure is a bedrock principle of academia. Unfortunately, colleges and universities might attempt to circumvent the protections offered by tenure, threatening the livelihood of higher-education professionals. Institutions may try to terminate tenured faculty for various reasons, including political expediency, financial pressures, or personal disputes.
What is Tenure?
Tenure provides critical job security for professors in the academic world. Once granted tenure, professors can confidently devote their time and expertise to their research, teaching, and service without the fear of being terminated and having to search for another position.
Tenure enables higher-education professionals to pursue innovative ideas and challenge the status quo without fear of repercussions. Additionally, tenure ensures stability in the academic workforce, which translates to a more experienced and committed faculty.
Without tenure, professors could be at risk of termination for expressing unpopular opinions or engaging in controversial research. Tenure protects these professionals by requiring a high standard for termination, ensuring that decisions are not hasty or arbitrary.
When is Tenure Termination Permissible?
While tenured faculty have significant protections, they may still be terminated under certain circumstances, including:
- Financial emergencies
- Violations of college or university policies
- Personal misconduct, including violating Title IX or other sexual harassment policies
- The elimination of the academic program in which the faculty member works
These circumstances should not be used as pretexts for unjust termination. Institutions must follow proper procedures and provide due process when considering the termination of a tenured faculty member.
Is Your Tenure on the Line and You Just Don't Know it?
Institutions may sometimes attempt to undermine tenure protections through various means. One particularly concerning trend is the misuse of Title IX allegations against faculty members.
Notably, many colleges and universities are improperly using Title IX allegations against faculty as a means to improperly suspend tenured faculty or as a basis to put the faculty member on a paid leave of absence, pending an investigation of allegations. This action is typically improper. But worse, the college or university will violate an accused professor's Title IX rights, reach an improper conclusion, and then use that conclusion as a basis to terminate the faculty member's tenure – which can be wrongful.
This tactic can be particularly insidious because it may not be immediately apparent that your tenure is at risk. The initial stages of such a process might appear to be a standard investigation or administrative procedure. However, the ultimate goal may be to create grounds for termination.
That is why it is very important to know the institution's policies, procedures, and faculty handbook because the allegations you may be facing are actually allegations that will later be used to terminate your tenure. Seeking legal advice as early as possible can help guide you through the forest of any investigation and help you avoid termination or other negative results.
What Should You Do When Threatened with Tenure Termination?
If you are a tenured professor and find yourself facing termination, you must understand your rights and options. Despite the security that tenure provides, there are circumstances where termination can still occur. In such cases, seek legal guidance to protect your rights and ensure that proper and fair due process is afforded.
When facing termination, the first step is to review your institution's tenure policies and faculty handbook. You are entitled to certain due process (including a hearing), other objections, and procedural grievances to stop the tenure termination process before you are terminated. Stopping termination before it happens is the best course of action.
One of the most important resources at your disposal is the American Association of University Professors (AAUP), which has established procedures and standards that institutions should follow when terminating tenured faculty members. These guidelines aim to ensure fair treatment of faculty members and that they receive proper due process. These rights should be incorporated into your faculty handbook.
Your faculty handbook and other institutional policies will outline certain rights and procedures that apply to your situation. They may include information on the process for appeals, timelines for submitting grievances, and the rights of tenured faculty members facing termination.
An employment law attorney who understands higher education and tenure matters can interpret the relevant policies and procedures and help you through the appeal process. They will stand up for your due process rights and seek a fair outcome, given your circumstances.
If Your Tenure is Terminated, What Can You Do?
If your tenure is terminated despite your efforts to prevent it, you still have options for legal recourse. The policies and handbook that you reviewed earlier will also help you spot contract breaches or other policy violations that can support a legal challenge in court.
To prepare for potential legal action:
- Gather all relevant documentation, including performance evaluation, correspondence related to your termination, evidence of improper conduct or procedural errors by the institution and copies of institutional policies and your faculty handbook.
- Document the timeline of events leading to your termination, noting any irregularities or deviations from stated policies.
- Identify witnesses who can corroborate your account or provide testimony about the circumstances of your termination.
- Consult with an experienced employment law attorney who specializes in higher education and tenure issues. They can review your case, advise you on the strength of your potential legal claims, and guide you through the process of challenging your termination.
Potential legal challenges may include breach of contract claims, violations of due process, discrimination claims, and violations of academic freedom. Remember that legal challenges can be complex and time-consuming. However, they may be necessary to protect your rights and potentially reinstate your position or secure appropriate compensation.
Call an Experienced Tenure Termination Lawyer Today
If you are a higher education professional facing challenges related to tenure, employment discrimination, Title IX, or academic freedom, never wait to contact our experienced employment law attorneys here or call 585-210-2150. We have extensive experience representing tenured professors and faculty following termination and will be able to assess your options.
If you believe you have a Title IX issue, you can learn more about that here.
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This post is not intended as legal advice, but rather for educational purposes.