Lessons From Tenure Denial Claims

Risk Research Bulletin | January 2007 | 0 Comments  Average 0.5 out of 5

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UE has handled more than 2,000 tenure denial claims and learned lessons that can help your institution avoid similar situations:

  • The question of fairness is fundamental for juries that consider tenure denial claims.
  • Institutions face a hard battle against juries that do not understand tenure well, that tend to favor a professor over a university, and misunderstand a professor’s role in a university.
  • Tenure cases are among the longest, most complex, and costliest claims faced by colleges and universities.
  • Colleges tend to underestimate the nonmonetary toll of a tenure case, which can include negative publicity, lost productivity, and distraction from the institution’s mission.

To help guard against costly tenure denial claims, consider the following risk management tips:

  • Develop clear tenure standards across departments and at all levels of review.
  • Always follow institutional procedure. Institutions are better off granting a new tenure review than trying to defend a flawed process.
  • Treat all candidates consistently to avoid discrimination allegations.
  • Provide candidates with candid and timely tenure reviews to avoid blindsiding a candidate with a tenure denial.
  • If tenure denial litigation becomes inevitable, make sure to have a clear understanding about the costs of litigation early on in the process.

Read the report for more information on tenure denial claims.

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