Teachers' Rights and Collective Bargaining - 1893 tenure. By 2009, this number had changed significantly, leaving only 33.5% of university professors on track for tenure and 66.5% of them ineligible for tenure (Kezar and Maxey, 2013). While the majority of faculty are tenured and hire primarily non-tenured staff, it is important for public postsecondary education administrators to understand the legal issues surrounding the hiring, discipline, and termination of tenured and non-tenured faculty. The following describes tenure, the process for terminating tenured faculty for financial reasons, the process for terminating tenured faculty for cause, collective bargaining, and the rights of part-time faculty. Designation of TenureTo understand the legal ramifications surrounding university faculty, the terms tenure, tenure, non-tenure, and non-tenure need to be explained. Kaplin and Lee (2014) define tenure as: an employment status that institutions grant to faculty members who meet certain predefined standards. Tenure entitles the faculty member to a set of protections, established by his or her stature or contract, that prevent the institution from terminating the faculty member unless he or she can demonstrate serious cause for doing so, such as incompetence, neglect of duty, moral turpitude or financial problems. requirement; and unless it first provides the faculty member with a formal hearing under due process (pp. 853). Based on this definition, a tenure-track faculty member has the opportunity to earn the title of full professor after meeting criteria set by the postsecondary institution. institution, as well as all the criteria identified by the State in the middle of the document ....../issues/collective-negociation/collective-negociation-revised-and-revisited-2001American Association of University Professors (2004). Financial requirement, academic governance and related issues. Retrieved May 8, 2014 from: http://www.aaup.org/report/financial-exigency-academic-governance-and-rated-mattersAmerican Association of University Professors (2006). Dismissal and discipline. Retrieved May 8, 2014 from: http://www.aaup.org/issues/appointments-promotions-discipline%C2%A0/termination-discipline-2004 Kaplin, W. and Lee, B. (2014). Higher education law (5th ed.). San Francisco, CA: Jossey-Bass. Kezar, A. and Maxey, D. (2013, May/June). The evolution of university personnel. Association of University and College Boards of Trustees: Trusteeship Magazine, 21(3), 15-37. Retrieved from http://agb.org/trusteeship/2013/5/changing-academic-workforce

Essay / Teachers' Rights and Collective Bargaining - 1893 tenure. By 2009, this number had changed significantly, leaving only 33.5% of university professors on track for tenure and 66.5% of them ineligible for tenure (Kezar and Maxey, 2013). While the majority of faculty are tenured and hire primarily non-tenured staff, it is important for public postsecondary education administrators to understand the legal issues surrounding the hiring, discipline, and termination of tenured and non-tenured faculty. The following describes tenure, the process for terminating tenured faculty for financial reasons, the process for terminating tenured faculty for cause, collective bargaining, and the rights of part-time faculty. Designation of TenureTo understand the legal ramifications surrounding university faculty, the terms tenure, tenure, non-tenure, and non-tenure need to be explained. Kaplin and Lee (2014) define tenure as: an employment status that institutions grant to faculty members who meet certain predefined standards. Tenure entitles the faculty member to a set of protections, established by his or her stature or contract, that prevent the institution from terminating the faculty member unless he or she can demonstrate serious cause for doing so, such as incompetence, neglect of duty, moral turpitude or financial problems. requirement; and unless it first provides the faculty member with a formal hearing under due process (pp. 853). Based on this definition, a tenure-track faculty member has the opportunity to earn the title of full professor after meeting criteria set by the postsecondary institution. institution, as well as all the criteria identified by the State in the middle of the document ....../issues/collective-negociation/collective-negociation-revised-and-revisited-2001American Association of University Professors (2004). Financial requirement, academic governance and related issues. Retrieved May 8, 2014 from: http://www.aaup.org/report/financial-exigency-academic-governance-and-rated-mattersAmerican Association of University Professors (2006). Dismissal and discipline. Retrieved May 8, 2014 from: http://www.aaup.org/issues/appointments-promotions-discipline%C2%A0/termination-discipline-2004 Kaplin, W. and Lee, B. (2014). Higher education law (5th ed.). San Francisco, CA: Jossey-Bass. Kezar, A. and Maxey, D. (2013, May/June). The evolution of university personnel. Association of University and College Boards of Trustees: Trusteeship Magazine, 21(3), 15-37. Retrieved from http://agb.org/trusteeship/2013/5/changing-academic-workforce

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