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Related Experiment Videos

When discrimination supersedes confidentiality.

G A Fowler1, S Moore

  • 1St. Louis University, Missouri.

Nursing Outlook
|March 1, 1991
PubMed
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Courts are increasingly reviewing academic promotion and tenure decisions for discrimination. Universities with closed processes face more legal challenges from unsuccessful candidates alleging bias.

Area of Science:

  • Higher Education Law
  • Employment Discrimination
  • Academic Governance

Background:

  • Traditionally, courts applied academic abstention, deferring to university judgment in promotion and tenure.
  • Recent legal shifts indicate a reduced willingness to invoke this doctrine.

Purpose of the Study:

  • To analyze the impact of recent court decisions on academic abstention in discrimination cases.
  • To inform higher education institutions about evolving legal standards for promotion and tenure.

Main Methods:

  • Review of recent case law concerning academic promotion and tenure disputes.
  • Analysis of judicial trends in applying the doctrine of academic abstention.

Main Results:

  • Courts are demonstrating a decreased inclination to apply academic abstention.

Related Experiment Videos

  • Unsuccessful candidates alleging discrimination are more likely to pursue legal action.

    • Conclusions:

    • Colleges and universities must anticipate increased litigation regarding promotion and tenure.
    • Institutions with closed-rank and tenure proceedings are particularly vulnerable to challenges alleging discrimination.