Date of Award

Fall 12-1-2003

Document Type

Dissertation

Degree Name

Doctor of Philosophy (PhD)

Department

Educational Leadership

First Advisor

Gregory Ulm

Second Advisor

Joshua Powers

Third Advisor

Peter Rhetts

Abstract

Since 1972, the volume of federal litigation involving faculty and their institutions has escalated. Tenure denial litigation, too, has increased. Prior to 1972, there were no published federal tenure denial decisions involving private colleges and universities. Since 1972, the number of published tenure denial decisions in the private institutional setting has increased steadily. Higher education administrators need to understand the risks that are involved in the tenure review process. These risks include the possibility of a protracted and costly lawsuit. Such a lawsuit could result in having key administrators spend enormous amounts of time preparing for trial and testifying in court, departments becoming fractured if tenure review files are opened or peers are called to testify, negative publicity about the institution, benefactors withholding donations, and prospective students choosing to attend college elsewhere. To avoid or minimize the possibility of tenure denial litigation, higher education administrators should discuss and analyze tenure denial cases for signals as to what to do and what not to do. Review and analysis of lawsuits can enhance institutional effectiveness by suggesting ways to make tenure decisions that are fairer, more rational, and better documented, which should result in less litigation by unsuccessful tenure applicants. This study was guided by a qualitative research design for which a legal research method was employed. The study was limited to judicial opinions published by federal District Courts, federal Courts of Appeals, and the United States Supreme Court for the period 1972-2000. A total of 70 cases were reviewed and analyzed. As decisions were reviewed and analyzed, certain themes and trends emerged. These themes and trends have been summarized and reported in the form of conclusions, which serve as the basis for recommendations for practicing administrators in higher education. These recommendations should assist them in the development of strategies to handle tenure decisions more effectively, which, in turn, should help reduce the potential for litigation.

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