News & Analysis as of

Tenure Universities

Fisher Phillips

AI on Campus: The 5 Things Higher Ed Needs to Consider When Crafting AI Workplace Policies

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Higher education leaders have plenty of cutting-edge legal issues to follow – affirmative action, freedom of speech, discrimination – but you are now on the front lines when it comes to the appropriate use of generative...more

White and Williams LLP

Massachusetts Supreme Judicial Court Considers Whether University Is Prohibited from Reducing Compensation or Lab Space of Tenured...

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In Wortis v. Trustees of Tufts College, the Massachusetts Supreme Judicial Court (“Court”) held that a university’s agreement to provide academic freedom and economic security to tenured faculty in the tenure contract did not...more

Genova Burns LLC

With Great Caution and Deference New Jersey Courts Leave Decisions Resulting From Internal Grievance Proceedings of Universities...

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On February 16, 2024, in a published decision in Chee Ng, PH.D., v. Fairleigh Dickinson University, the New Jersey Appellate Division granted summary judgment in favor of the University against a former tenured professor who...more

Spilman Thomas & Battle, PLLC

The Accreditation Overhaul for North Carolina (and Florida) Colleges

Last month, North Carolina Governor Roy Cooper signed House Bill 8 (HB 8) into law. In addition to establishing a new computer science requirement for high school graduation and certain age verification requirements to...more

McGuireWoods LLP

Tenure Elimination Gains Traction in Texas

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For over 100 years, tenure has provided the security of an indefinite academic appointment to professors across the United States. Tenure is a lifetime contract between institutions of higher education and their faculty that...more

Bowditch & Dewey

UT Austin Reconsiders Tenure Bid After $3M Pregnancy Discrimination Jury Verdict

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Following a $3,000,000 jury verdict against it earlier this year, The University of Texas at Austin (“UT Austin”), recently reconsidered the tenure bid of Dr. Evdokia Nikolova (“Dr. Nikolova”). In July 2020, Dr. Nikolova...more

JAMS

A Hypothetical Higher Education Dispute and How a Neutral Can Help Resolve It

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Imagine you are employed in the human relations department at a university. One day, Dr. Kiran Gupta,* who has been a faculty member in the political science department for 10 years, comes to your office and is very upset....more

Health Care Compliance Association (HCCA)

Report on Research Compliance Volume 18, Number 11. In This Month’s E-News: November 2021

Report on Research Compliance 18, no. 11 (November, 2021) - A professor in the University of Washington (UW) College of Engineering allegedly falsified award documents submitted to the National Science Foundation (NSF)...more

Hogan Lovells

D.C. Circuit Rejects “Academic Deference” Argument In Tenure Denial Discrimination Cases

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On June 14, 2019, the United States Court of Appeals for the District of Columbia Circuit rejected the argument that a university should be entitled to special academic deference in employment discrimination claims concerning...more

Fisher Phillips

Can A University Terminate For Tenured Teacher’s Twitter Tweaks?

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A series of Twitter posts from a tenured Fresno State English professor about former First Lady Barbara Bush has once again sparked a national conversation about how the First Amendment applies in the university setting, and...more

McAfee & Taft

Oklahoma jury awards transgender employee $1.165 million

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The courts, the Department of Justice, and the Equal Employment Opportunity Commission hold differing views on whether Title VII prohibits employment discrimination on the basis of sexual orientation or sexual identity....more

Bond Schoeneck & King PLLC

Structuring Voluntary Resignation Incentive Options For Tenured Faculty Members

Many universities and colleges across the country have been struggling with the issue of how best to incentivize certain tenured faculty members to resign and relinquish their tenure. If a university or college decides to...more

Pullman & Comley - Labor, Employment and...

Must An Employer Tolerate Truly Obnoxious Employee Speech That Is Not Job-Related?

There is a tenured professor at Florida Atlantic University School of Communications and Multi-Media Studies who has gained notoriety because of his public statements, including a blog, which claim that virtually every mass...more

McAfee & Taft

Justice Department sues university in Oklahoma on behalf of transgender professor

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One of the Equal Employment Opportunity Commission’s stated 2015 priorities is applying Title VII’s sex discrimination protection to lesbian, gay, bisexual and transgender individuals. This focus is illustrated by a recent...more

Allen Matkins

Court Denies Summary Judgment to Employer on Professor’s Allegations He Was Denied Tenure After Reporting Inappropriate Facebook...

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A federal court in Oklahoma recently denied summary judgment to Northeastern State University, finding that a professor’s discrimination and retaliation claims, among others, could proceed to trial. The professor, Dr. Leslie...more

Pullman & Comley - School Law

The NLRB Appears To Clear The Path Toward Greater Unionization Of Private Colleges And Universities

In a decision notable for not just one, but two revisions to established National Labor Relations Board (the “Board”) analytical framework, the Board appears to open the door toward increased unionization of private...more

U.S. Equal Employment Opportunity Commission...

Chapman University to Pay $75,000 to Settle EEOC Race Discrimination Suit

University Fired Black Professor After Being Denied Tenure Due to Race, Federal Agency Charged - SAN DIEGO - Chapman University, a private university in Orange, Calif., will pay $75,000 and furnish other relief to...more

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