Faculty Decision Making and the Law  

This series of essays is designed to educate and inform administrators and faculty about the legal implications of decisions they make. Knowing the law and adopting preventive measures is the best way to cope with the law and to prevent legal challenges and reduce exposure.

Faculty often make or participate in the initial decisions that can lead to litigation. For example, faculty members evaluate and advise students; recommend personnel decisions; establish major and degree requirements; and establish admission standards. In sum, faculty significantly determine the educational program and provide the services that the college offers.

As a matter of law, the college generally is responsible and liable for the acts of its employees, including members of the faculty. In relatively few instances are faculty members personally liable even if they are named in a lawsuit.

In all of these roles-evaluator, policy maker and curriculum designer-faculty make critical decisions that can generate litigation. Accordingly, it is in the interest of the college that faculty understand the law and take appropriate preventive actions.

This manual on faculty as decision makers focuses on:

• Academic Freedom: Limitations and Protections

• The Faculty Handbook and Contractual Claims

• Teachers as Role Models

• Faculty Liability

• Duty to Advise Students

• Confidential Materials

• Evaluation and Defamation

• Student Challenges to Academic Judgments

Each of these essays is presented with a common format: Overview, Application, and Preventive Measures. A Selected Bibliography follows each topic.