One of the professors at my former undergraduate institution in Texas was recently dismissed in a very shady way. One of the alumnae supporting the dismissal is a lawyer in Texas who says that because the school is in Texas (being an at-will or whatever you call it state) even if provisions in his contract w/ the university state otherwise, he could still be fired at any time without reason...is this true? He worked at the college for 17 years, attained the rank of Full Professor and had been granted tenure several years before. My question is: Is this correct? If it is, then what is the point of tenure!? My understanding of tenure is that you can only be fired for two reasons: 1) financial exigency on the part of the university and 2) moral turptitude.
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At-will fire/resign and tenure
- Thread Starter Aetolius
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cbg
Super Moderator
No one who has not read his contract can answer this question since it depends on EXACTLY how it is written.
I should have probably noted this earlier, but the College does use (in theory) an operational guide to handle faculty disciplinary measures including termination. I did find a couple of illuminating paragraphs in the operational guide:
"Tenure, as a contractual relationship with the college, is understood as a commitment to continued appointment until retirement unless the faculty member resigns or is dismissed for cause."
"Dismissal -- The college reserves the right to dismiss a faculty member holding a tenured appointment, or to terminate a tenure-track or temporary appointment before the end of the specified term, for the following causes: 1) extraordinary financial exigencies of the college; 2) deletion of a program or specialty in the college; 3) an act of moral turpitude committed by the faculty member; or 4) serious irresponsibility or professional incompetence of the faculty member. A pattern of inadequate professional development on the part of an individual, when, after adequate warning, the person still fails to make serious efforts toward continued growth and development, is interpreted as 'serious irresponsibility' or 'professional incompetence'."
So here is my new question, assuming that the contract states that both parties will follow the operational guide, does this mean that Texas at-will labor laws (or whatever you call it..I can't seem to remember the exact terminology) do not apply in this case? In other words, I assume, given the quotations from the OP guide, that the college cannot fire faculty members at-will for no reason or for reasons that are not outlined in the OP guide. Is this correct?
"Tenure, as a contractual relationship with the college, is understood as a commitment to continued appointment until retirement unless the faculty member resigns or is dismissed for cause."
"Dismissal -- The college reserves the right to dismiss a faculty member holding a tenured appointment, or to terminate a tenure-track or temporary appointment before the end of the specified term, for the following causes: 1) extraordinary financial exigencies of the college; 2) deletion of a program or specialty in the college; 3) an act of moral turpitude committed by the faculty member; or 4) serious irresponsibility or professional incompetence of the faculty member. A pattern of inadequate professional development on the part of an individual, when, after adequate warning, the person still fails to make serious efforts toward continued growth and development, is interpreted as 'serious irresponsibility' or 'professional incompetence'."
So here is my new question, assuming that the contract states that both parties will follow the operational guide, does this mean that Texas at-will labor laws (or whatever you call it..I can't seem to remember the exact terminology) do not apply in this case? In other words, I assume, given the quotations from the OP guide, that the college cannot fire faculty members at-will for no reason or for reasons that are not outlined in the OP guide. Is this correct?
I found this in an article about tenure on the Texas Faculty Association website:
"The UT System currently has only three options when it comes to firing a tenured professor... First, tenured professors may be removed for "good cause." Typically, such cases involve a professor being hauled up on charges such as sexual harassment or incompetence. In cases involving the termination of a tenured professor for good cause, the burden of proof lies with the institution. The professor is entitled to a full scale due process hearing before a panel of his or her peers. Second, tenured professors may be removed if their academic program or department is abandoned by their component institution... Third, tenured professors may be removed when an institution declares financial exigency: that is, a bona fide financial emergency."
The first reason cited in the article, cause, corresponds to the 3rd and 4th reasons cited in the op guide. I would presume that, yes, this means a professor cannot be fired at will. However, as cbg mentioned, you would need to read his contract or CBA to be sure.
http://www.tfaonline.net/news_tenurebusting.shtml
"The UT System currently has only three options when it comes to firing a tenured professor... First, tenured professors may be removed for "good cause." Typically, such cases involve a professor being hauled up on charges such as sexual harassment or incompetence. In cases involving the termination of a tenured professor for good cause, the burden of proof lies with the institution. The professor is entitled to a full scale due process hearing before a panel of his or her peers. Second, tenured professors may be removed if their academic program or department is abandoned by their component institution... Third, tenured professors may be removed when an institution declares financial exigency: that is, a bona fide financial emergency."
The first reason cited in the article, cause, corresponds to the 3rd and 4th reasons cited in the op guide. I would presume that, yes, this means a professor cannot be fired at will. However, as cbg mentioned, you would need to read his contract or CBA to be sure.
http://www.tfaonline.net/news_tenurebusting.shtml
I think the title of the thread is interesting. Fire/resign? Did he resign under pressure?
If so, then I suspect that the university offered him the choice of going through the process of being fired or resigning. Typically, that would mean that he did commit some sort of trangression that may ultimately result in being fired, and the university allowed him to reisgn so that he can avoid the label of "fired" (which also saves them time and money).
I also work under contract, although in a different system and in a different state, but when a school district decides to begin the process of firing a teacher, it's pretty common that resignation is offered as an alternative.
If so, then I suspect that the university offered him the choice of going through the process of being fired or resigning. Typically, that would mean that he did commit some sort of trangression that may ultimately result in being fired, and the university allowed him to reisgn so that he can avoid the label of "fired" (which also saves them time and money).
I also work under contract, although in a different system and in a different state, but when a school district decides to begin the process of firing a teacher, it's pretty common that resignation is offered as an alternative.
cbg
Super Moderator
I refer you to my previous answer. Without seeing the EXACT terms of the contract, no one can tell you what legal entity is overriding.
Well, the school did offer the professor to retire...twice. When he refused because (supposedly) he did not do what they accused him of doing, then he was dismissed. My question was mainly with regards to whether Texas law trumps any contracts negotiated by the college and the faculty member (regardless of the contract's wording). This is what the so-called TX lawyer said in her letter of support for the college's decision to dismiss the professor. So, given cbg's response, since it depends on the wording, then that claim is obviously false. Thx again.
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