University Tenure and the Legal System: Procedures, Conflicts, and Resolutions

Abstract

To better understand the increasing legal presence in cases and disputes involving tenure, the authors analyzed materials from court cases, employment law, and higher education. This analysis yielded knowledge about ways in which tenure as a contract, credentials as evidence, and due process contribute to orderly tenure procedures, thereby averting some legal conflicts. Academic, legal, and ethical perspectives were used to explore these concepts and to consider their implications for social work faculty confronted by the dual demands of academia and tenure review. Guidelines are provided to assist faculty in dealing with tenure review and dispute resolution in appeal and dismissal.