Post-tenure review is a process that begins following a specified period of time after the award of tenure has been granted a teaching professional and continues to occur at intervals unless a promotion review takes place. Tenure is described in the dictionary as ‘permanence of position’.

Most states have mandated legislature for post-tenure review programs in higher education institutions, negotiating collective bargaining agreements between administrations and faculty unions for the requirements for post-tenure reviews. Post-tenure reviews are usually conducted by departments and dean’s offices and submitted to administrative faculty personnel.

Promotion and tenure criteria and procedures are established by each institution. Faculty performance is usually evaluated in three areas of endeavor: teaching effectiveness, publication, and service to the university, college and/or department. The first area, teaching, is preeminently important. Successful candidates for promotion and tenure must meet the criteria. Each college has its own set of promotion criteria that will be applied in individual promotion cases. Some institutions require a variety of scholarship (theoretical, empirical, pedagogical, conceptual) expecting outstanding teaching in addition to one’s ability to publish. Expectations regarding publications are usually clearly quantified, although there are unspoken expectations regarding the high quality of publications and venues.

The concept of post-tenure review is that even though a professor has been granted tenure, he or she may be dismissed if they receive for 3 years in a row, unsatisfactory annual reviews based on 40% for research and publication 40% for teaching quality and 20% for university service on committees. The criticism of professors who have much to offer their students seems to ignore the reality that at a certain point in a professor’s career, it becomes more of a challenge to keep up a high level of productivity in publication of peer-reviewed articles and delivery of scholarly papers.

Cohen Law Firm represents clients who have been granted tenure who have been targeted for alleged failure to publish adequately. Mr. Cohen continues to receive requests from older professors who are being targeted for alleged failure to publish to the expectations of their college or university.

Every case requires a detailed and thorough review of the facts and legal basis for the action being threatened, negotiating due process matters bringing to each case a depth of knowledge and understanding that will maximize the client’s opportunity for a successful outcome.

Please contact me for a no cost, no obligation initial consultation by email or phone: cac@studentrightslawyers.com or 785.979.7361