Post-Tenure Review and Just-Cause Termination in U.S. Public Institutions of Higher Learning: A Legalistic Examination

Abstract

This article examines the post-tenure review (PTR) policies in American institutions of higher education as a means of identifying and documenting faculty performance deficiencies from a legalistic perspective. In addressing this issue, a brief review of PTR policies and their history, as well as some of the misconceptions of the protection provided by tenured status, is provided. The main focus of the article is placed upon the just-cause termination of tenured faculty members, paying particular attention to the due process protections afforded such faculty. In conclusion, we examine the organizational costs of failing to dispel the myths that tenured faculty are 'termination-proof and invulnerable to any disciplinary sanctions.