Exploring Laws and Policies at Harvard (original) (raw)
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Journal of Personnel Evaluation in Education, 1998
This issue marks a milestone in the ten-year history of the Journal for Personnel Evaluation in Education. For the ®rst time, an entire issue is devoted to the theme of legal developments in the ®eld of personnel evaluation in education settings. Issues following this one will include a regular column on legal developments. By dedicating an issue to legal topics, the Journal gives recognition to a seminal development in the ®eld of personnel evaluation, particularly in colleges, universities, and schools. Over a period of thirty years, the legal rights of educational employees have expanded, some might say exponentially. Acting in tandem, courts, Congress, state legislatures, and administrative agencies have constructed an elaborate system of legal protections for professors, teachers, and other educational employees. This system guarantees them fair evaluation and dismissal procedures, protection against discriminatory treatment, and ®rm Constitutional guarantees, including the right to free speech and the right to be free from unlawful searches and seizures. This introduction is in three parts. First, it gives a brief overview of the expanding legal rights of educational employees. Second, it asks whether this development has hindered institutional missions, making it more dif®cult for colleges, universities, and schools to discipline or dismiss unsatisfactory employees. Third, this introduction reviews the ®ve articles in this issue for some answers to this question. Although ®ve articles cannot comprehensively review all the legal developments in the ®eld of personnel evaluation, let alone provide a de®nitive answer on the effect of these developments, they do provide a useful guidepost for measuring the impact of law on personnel evaluation. In general, they provide us with some encouraging signs that the nation's legal system, while increasingly sympathetic to the legal rights of employees, gives great deference to the dif®cult decisions that education leaders must make concerning employees. Expanding Legal Rights of Education Employees: An Overview In 1972, ®fteen years before this journal was ®rst published, the United States Supreme Court issued two landmark decisions concerning the legal rights of college professors. In Board of Regents v. Roth and Perry v. Sindermann, the Court ruled that higher education faculty members have a right to a fair hearing whenever an employing institution threatens
FACULTY TITLE VII AND EQUAL PAY ACT CASES IN THE TWENTY-FIRST CENTURY
Journal of College and University Law, 2018
The ever-evolving nature of case law means that even as scholars have been examining the issue of gender pay disparity in academia since at least 1977, there is always more to be written. Employees alleging gender-based pay discrimination may pursue two causes of action for filing claims under federal law: under the Equal Pay Act of 1963 (EPA) and under Title VII of the Civil Rights Act of 1964 (Title VII). This paper discusses these two causes of action, their treatment in the courts in cases with college faculty plaintiffs, and what issues these cases raise for faculty and universities. Finally, the paper examines how the case law might be used to shape policies that better protect both faculty and universities.
2017
In 2013, Harvard University responded to a number of ongoing Title IX complaints by hiring a university-wide Title IX Officer named Mia Karvonides and tasking her with the creation of a new, centralized sexual harassment policy fully compliant with Title IX. Shortly after this policy was unveiled in 2014, twenty-eight members of the Harvard Law School (HLS) faculty published an op-ed in the Boston Globe that eviscerated this new policy, claiming that it violated students’ right to due process. This case study uses evidence from Harvard’s student newspaper The Crimson, the text of recent Office of Civil Rights (OCR) guidance documents, and several scholarly articles written by those involved in the conflict. Furthermore, it describes and analyzes the issues that the co-authors of the Boston Globe op-ed introduced and recounts the innovative way in which Karvonides responded to these criticisms without compromising her core values. As this country continues to see an increase in vocal...
52 Notre Dame Lawyer 882, 1977
See, e.g., Franks v. Bowman, 424 U.S. 747 (1976) (modification of contractual seniority clause upheld to help remedy past racial injustice); Village of Arlington Hgts. v. Metropolitan Housing Dev., 97 S. Ct. 555 (1977) (village cannot be required to submit to judicial order integrating public housing absent evidence of past discrimination); McDonald v. Santa Fe Transp. Co., 96 S. Ct. 2574 (1976) (corporate disciplinary procedures must be enforced with regard to the race of the alleged offender).
Academic employment and retrenchment: Judicial review and administrative action
1983
The major legal issues pertaining to academic employment are examined. Four areas affecting higher education are analyzed in depth: employment practices, equal pay, developing issues under Title IX of the Education Amendments of 1972; and financial ACKNOWLEDGMENTS The authors would like to thank David Leslie for his thoughtful review of the manuscript and Eileen Trainer for her assistance with some of the research. Monique Weston°a gue's technical assistance on several key issues was also much appreciated.