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Managing Risk in High-Stakes Faculty Employment Decisions


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Understanding the risks involved in hiring new faculty is becoming increasingly important. In Managing Risk in High-Stakes Faculty Employment Decisions Julee T. Flood and Terry Leap critically examine the landscape of US institutions of higher learning and the legal and human resource management practices pertinent to college and university faculty members. To help minimize the potential pitfalls in the hiring and promotion processes, Flood and Leap suggest ways that risk management principles can be applied within the unique culture of academia. Claims of workplace harassment and discrimination, violation of free speech and other First Amendment rights, social movements decrying unequal hiring practices, and the growing number of non-tenure track and adjunct faculty, require those involved in hiring and promotion decisions to be more knowledgeable about contract law, best practices in hiring, and risk management, yet many newly appointed administrators are often not sufficiently trained in these matters or in understanding how they might be applied in an academic setting. Human resource departments, hiring committees, department chairs, and academics seeking faculty jobs need resources such as Managing Risk in High-Stakes Faculty Employment Decisions now more than ever. * Outlines critical issues affecting U.S. higher education * Analyzes the social and psychological biases that can arise during hiring, promotion, and tenure decisions * Discusses contract and constitutional law from the perspective of institutions of higher learning * Illustrates complex interactions that shape contractual, constitutional, and collegial issues in institutions of higher learning * Examines contract rights and controversies for tenured and tenure-track faculty * Describes how risk management processes can help to deal with these complicated, but critical, issues * Addresses constitutional issues associated with academic freedom and free speech on campus * Investigates the nebulous, but important, issue of collegiality * Discusses the future for institutions of higher learning in hiring faculty
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"Faculty Employment Decisions is a significant work in the field of higher education law. Julee Flood and Terry Leap accomplish both a synthesis and description of faculty life and discuss how the future of this topic may develop. The authors tackling employment issues is a courageous undertaking; one that is needed." -- Matthew Fuller, Associate Professor of Higher Education Administration, Sam Houston State University "Flood and Leap have identified an issue that is critically important to the success of institutions of higher education and that has not received the attention it deserves. Every academic administrator could learn a number of useful things from this book." -- Paul F. Clark, Professor of Labor and Employment Relations, Penn State: College of the Liberal Arts, and author of Building More Effective Unions "Managing Risk in High-Stakes Faculty Employment Decisions is a comprehensive work that surveys the pitfalls of employment decisions for faculty. How could it be otherwise? It is only when the system fails that employment ripens into court decisions, and by that time, relationships are irretrievably lost-if these cases are any measure. And they are. The authors have read all the leading cases, and they have useful and nuanced advice for anyone who wants to know about these sad sagas, sad both for the faculty and their colleges. It will be an important resource for a variety of higher education readers." -- Michael Olivas, author of The Law and Higher Education (4th Edition) and Suing Alma Mater

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