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  • Academic Freedom and Teaching | AAUP
    5th Cir 2001 Linnemeir v Indiana University Purdue University Fort Wayne 155 F Supp 2d 1044 N D Ind 2001 Linnemeir v Board of Trustees of Purdue University 260 F 3d 757 7th Cir 2001 This case involved efforts by some taxpayers and Indiana state legislators to compel Indiana University Purdue University to halt the campus production of a controversial play which the plaintiffs alleged is an undisguised attack on Christianity and the Founder of Christianity Jesus Christ Read more about Linnemeir v Indiana University Purdue University Fort Wayne 155 F Supp 2d 1044 N D Ind 2001 Linnemeir v Board of Trustees of Purdue University 260 F 3d 757 7th Cir 2001 Burbank v Rumsfeld 2004 U S Dist LEXIS 17509 E D Pa 2004 The University of Pennsylvania Law School promulgated an anti discrimination policy that limited its services to employers who did not discriminate based on sexual orientation After the Air Force stated that the policy did not comply with the Solomon Amendment and threatened the school s federal funding the school decided not to enforce the policy against military recruiters The court held that the law school had standing to assert violations of the First Amendment rights Read more about Burbank v Rumsfeld 2004 U S Dist LEXIS 17509 E D Pa 2004 Axson Flynn v Johnson 356 F 3d 1277 10th Cir 2004 Christina Axson Flynn a former student at the University of Utah sued her university theater department professors for violating her First Amendment rights by requiring students perform in class plays that Axson Flynn found religiously objectionable Read more about Axson Flynn v Johnson 356 F 3d 1277 10th Cir 2004 Rumsfeld v Forum for Academic Institutional Rights Inc 547 U S 47 2006 An association of law schools and law faculties alleged

    Original URL path: http://www.aaup.org/amicus-briefs-topic/academic-freedom-and-teaching (2016-02-13)
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  • Discrimination and Sexual Harassment | AAUP
    Paltz 169 F 3d 117 2d Cir 1999 Kimel v Florida Board of Regents 528 U S 62 2000 Consolidating three cases the U S Supreme Court addressed whether the sovereign immunity clause of the Eleventh Amendment prohibits public employees including faculty members from suing public institutions including colleges and universities under the Age Discrimination in Employment Act ADEA for damages Read more about Kimel v Florida Board of Regents 528 U S 62 2000 Adams v Florida Power Corporation 255 F 3d 1322 11th Cir 2001 Former employees of a utility company challenged a corporate reorganization in which more than 70 percent of the employees terminated were at least 40 years old This case addressed whether the disparate impact method can be applied an age discrimination case under the ADEA Read more about Adams v Florida Power Corporation 255 F 3d 1322 11th Cir 2001 Board of Trustees of the University of Alabama v Garrett 531 U S 356 2001 Here the U S Supreme Court addressed whether the sovereign immunity clause of the Eleventh Amendment prohibits public employees including faculty members from suing public institutions including colleges and universities under the Americans with Disabilities Act ADA Read more about Board of Trustees of the University of Alabama v Garrett 531 U S 356 2001 Nevada Department of Human Resources v Hibbs 538 U S 721 2003 This case raises the legal issue of whether states are immune under the Eleventh Amendment from suits by individuals for monetary damages under the family leave provisions of the Family and Medical Leave Act which allows employees to take up to 12 weeks of unpaid leave to care for a sick family member Read more about Nevada Department of Human Resources v Hibbs 538 U S 721 2003 Smith v City of Jackson 544 U S 228 2005 A group of older police officers filed suit under the Age Discrimination in Employment Act ADEA claiming that they were adversely affected by a pay raise because of their age The issue before the Court was whether employees can sue employers under the ADEA for actions or policies that have a disparate impact on employees over the age of 40 Read more about Smith v City of Jackson 544 U S 228 2005 Meacham v Knolls Atomic Power Laboratory 554 U S 84 2008 Former employees sued Knolls Atomic Power Laboratory alleging that the employer s method of reducing its workforce disparately impacted the employees based on their ages The employer had its managers rate the employees based on performance flexibility and critical skills with the statistically improbable result that 30 of the 31 employees who were laid off were at least 40 years of age Read more about Meacham v Knolls Atomic Power Laboratory 554 U S 84 2008 Engquist v Oregon Department of Agriculture 553 U S 591 2008 Petitioner Anup Engquist a former employee of the Oregon Department of Agriculture angered her supervisor by reporting his abusive behavior to superiors The

    Original URL path: http://www.aaup.org/amicus-briefs-topic/discrimination-and-sexual-harassment (2016-02-13)
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  • Intellectual Property | AAUP
    property to the universities at which they work The Kansas Supreme Court ruled that intellectual property rights are not simply assumed to be work for hire belonging to the university and can be a subject of collective bargaining Read more about Pittsburg State University Kansas NEA v Kansas Board of Regents PSU and PERB 280 Kan 408 Kan 2005 Cameron v Arizona Board of Regents 2011 Ariz App Unpub LEXIS 1129 2011 petition for review denied 2012 Ariz LEXIS 220 2012 This case concerns Theresa Cameron a tenured professor at Arizona State University She was terminated after she was accused of and admitted to plagiarizing syllabi of other faculty in her own syllabi Dr Cameron filed suit asking that she undergo a post tenure review rather than termination The AAUP filed an amicus brief in support of her petition for review arguing that the punishment of termination was grossly disproportionate to the actions that Dr Cameron took Read more about Cameron v Arizona Board of Regents 2011 Ariz App Unpub LEXIS 1129 2011 petition for review denied 2012 Ariz LEXIS 220 2012 Board of Trustees of the Leland Stanford Junior University v Roche Molecular Systems Inc et al 131 S Ct 2188 2011 Petitioner Stanford University sued respondent Roche Molecular Systems Inc The research company responded by arguing it co owned a patent based on a professor inventor s assignment so the university lacked standing This complex case has evolved into a broader battle over the patent rights of faculty members to their inventive work Read more about Board of Trustees of the Leland Stanford Junior University v Roche Molecular Systems Inc et al 131 S Ct 2188 2011 Cambridge University Press v Patton 769 F 3d 1232 11th Cir Ga 2014 On October 17 2014 The Eleventh Circuit Court

    Original URL path: http://www.aaup.org/amicus-briefs-topic/intellectual-property (2016-02-13)
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  • Tenure | AAUP
    Ct App 2007 Edwin Otero Burgos v Inter American University 558 F 3d 1 1st Cir 2009 Professor Otero Burgos was dismissed in 2002 from Inter American University a private institution in Puerto Rico in what he believed was a violation of his academic freedom Read more about Edwin Otero Burgos v Inter American University 558 F 3d 1 1st Cir 2009 Branham v Thomas M Cooley Law School 689 F 3d 558 6th Cir 2012 Tenured law professor Lynn Branham was terminated from Thomas M Cooley School of Law Cooley and subsequently sued the law school in federal court on claims of violations of the Americans with Disabilities Act and Michigan Persons with Disabilities Civil Rights Act intentional infliction of emotional distress and breach of contract AAUP filed a motion and amicus brief in support of Branham s petition which was authored by AAUP Committee A member Matt Finkin Read more about Branham v Thomas M Cooley Law School 689 F 3d 558 6th Cir 2012 Kant v Lexington Theological Seminary No 2912 SC 000502 DG 2014 Ky LEXIS 160 Ky April 17 2014 The Kentucky Supreme Court recently issued two decisions strongly affirming the rights of tenured faculty members at religious institutions and echoing arguments made by AAUP in an amicus brief filed with the court In two companion cases the Kentucky Supreme Court ruled that religious institutions are generally bound by tenure contracts including faculty handbooks and that faculty members may sue if these contracts are breached even in some instances in which the faculty member is a minister Read more about Kant v Lexington Theological Seminary No 2912 SC 000502 DG 2014 Ky LEXIS 160 Ky April 17 2014 Vergara et al v State of California et al and California Teachers Association and California Federation of

    Original URL path: http://www.aaup.org/amicus-briefs-topic/tenure (2016-02-13)
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  • De Facto Tenure (2005) | AAUP
    ratify any contract stating that professor had tenure where Board never voted to grant tenure Cohen v University of Medicine and Dentistry of New Jersey 867 F 2d 1455 3rd Cir 1989 Court rejects plaintiff s claim of de facto tenure for clinical professorship despite university s failure to give timely notice of nonrenewal Staheli v University of Mississippi 854 F 2d 121 5th Cir 1988 Professor denied tenure unsuccessful in contention that satisfactory annual evaluations and informal understandings with department head gave rise to de facto tenure of which he was allegedly deprived in violation of Fourteenth Amendment when university denied de jure tenure Chinea v Benitez 702 F Supp 29 D P R 1988 Court rejects plaintiff s claim of de facto tenure disagreeing with her interpretation of regulation that faculty rendering satisfactory service for five years shall receive tenure Honore v Douglas 833 F 2d 565 5th Cir 1987 Genuine issue of material fact precluded grant of summary judgment against professor s claim to de facto tenure under regulations that were in effect at time of his initial appointment Lovelace v Southeastern Massachusetts University 793 F 2d 419 lst Cir 1986 Untenured professor had no due process property interest in reappointment based on trivial tardiness of alleged eight day delay beyond deadline for notice of non reappointment Where written system exists of which employee is aware employee generally may not rely on assurances outside formalized system to establish property interest Owens v Board of Regents of Texas Southern University 953 F Supp 781 S D Tex 1986 Faculty manual adopted subsequent to plaintiff s appointment explicitly provided that tenure would be granted only upon affirmative action by governing board and would not be granted automatically Factual question existed as to whether plaintiff had rights under earlier manual that administrator testified provided for tenure by default through length of service Court denied university s motion for summary judgment LaVerne v University of Texas System 611 F Supp 66 C D Tex 1985 Under the applicable university regents rules there was no tenure by default de facto or common law tenure When university published written tenure procedures the legitimacy of a claim to tenure acquired outside the procedures is vitiated because there is no basis for mutuality Because no entitlement to continued employment existed no property or liberty interest existed Kovats v Rutgers University 749 F 2d 1041 3rd Cir 1984 cert denied 489 U S 1014 1989 Faculty member permitted to pursue claim in federal court alleging deprivation of property based on claim of de facto tenure when prior state court ruling did not directly address whether length of service vests faculty with property interest but dismissed action based on collective bargaining agreement only Steinberg v Elkins 470 F Supp 1024 D Md 1979 Court acknowledges possibility of automatic tenure by length of service based on terms of contract existing alongside more formal tenure system B State Court Cases Marriott v Cole 694 A 2d 123 Md App

    Original URL path: http://www.aaup.org/issues/tenure//de-facto-tenure-2005 (2016-02-13)
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  • National Science Foundation | AAUP
    Students The Academic Bill of Rights Minority Serving Institutions Post Tenure Review Retirement Sexual Diversity Gender Identity Teaching Evaluation Tenure Women in Higher Education Reports Publications AAUP Policies Reports Academe Economic Status Report Compensation Survey Bulletin of the AAUP The Redbook Journal of Academic Freedom AAUP Bookstore News AAUP in the News AAUP Updates For the Media Get Involved Upcoming Events Local Toolkit Issue Campaigns Find Chapters Conferences Start a

    Original URL path: http://www.aaup.org/import-tags/national-science-foundation (2016-02-13)
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  • Resources on ABOR | AAUP
    Your Campus University of North Carolina Faculty Assembly Resolution on Academic Freedom Legislative Priorities Archive Spellings Commission Education Training Coalitions Awards Resources on ABOR Academic Bill of Rights Legislation Summary and Comments AAUP Statement on the Academic Bill of Rights AAUP Policies In the Classroom Academic Freedom for Students and Faculty Joint Statement on Academic Rights and Responsibility pdf Handout for Faculty Academic Bill of Rights Coming to Your Campus Soon Testimony Kansas Joe Yanik Statement before the Kansas House Committee on Appropriations Pennsylvania AAUP Leaders Testified Before First Public Hearings of the Pennsylvania House Select Committee on Student Academic Freedom Dr Joan Wallach Scott Statement Dr Robert Moore Statement Dr Lisa D Brush Statement David French Statement Robert O Neil Statement Resolutions California Academic Senate of The California State University Academic Freedom and Free Speech Rights Approved May 6 7 2004 Academic Senate of The California State University Academic Freedom for Students Approved January 20 21 2005 New York University Faculty Senate of the State University of New York Resolution on the Academic Bill of Rights North Carolina NC AAUP Conference Resolution on Academic Freedom in North Carolina Resolution On Academic Freedom at Appalachian State University North Carolina State Faculty Senate Resolution On Academic Freedom University of North Carolina at Chapel Hill Resolution 2005 6 Endorsing A Resolution on Academic Freedom Ohio Mark Smith s letter to faculty leaders in Ohio congratulating them on the removal of SB 24 from the legislative agenda Inter University Council Association of Independent Colleges and Universities of Ohio pdf The University of Akron Faculty Senate Resolution In Opposition To Senate Bill 24 Ohio University Faculty Senate Resolution on Withdrawing Senate Bill 24 Academic Bill of Rights Wright State University Faculty Senate Resolution on Academic Bill of Rights pdf Youngstown State University Academic Senate

    Original URL path: http://www.aaup.org/our-work/government-relations/GRarchive/ABOR/resources (2016-02-13)
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  • Legislative Priorities for the 109th Congress | AAUP
    other academic activities Defend the intellectual integrity of academic science by opposing political intrusions into scientific policy development and ensure access to accurate information Oppose other political or governmental dictation of intellectual or academic activities Support legislative efforts to protect privacy and appropriate publication and sharing of research data and strongly oppose legislative efforts that undermine them Promote federal funding for programs in the humanities and the sciences including the Corporation for Public Broadcasting the National Endowments for the Arts and Humanities the Institute of Museum and Library Services including full range of Smithsonian Institution activities the full funding of scholarly research activities sponsored by federal agencies including the National Institutes of Health and the National Science Foundation Higher Education Act Support reauthorization of the Higher Education Act preserving the strengths of the proven programs administered by the Department of Education as described in the Act The reauthorization debate needs to address four critical themes Increase access to a college and university education Support amendments that will improve access to higher education for those who need financial assistance especially increases in the Pell grant program direct student loans campus based programs and TRIO and ensure that Congress fully fund these programs Protect the quality of higher education programs Support measures that preserve and promote the quality of higher education including the use of new technology where claims for effectiveness still need critical examination Insist on the central role of faculty in evaluating the academic integrity of transfer credits and resist federal mandates to standardize procedures Promote the diversity of our higher education system Support and strengthen programs for institutions serving traditionally under represented populations Continue support for programs to assist graduate students and to improve access for minorities and women to graduate and professional schools Maintain the diversity of institutional mission that has been one of the hallmarks of the American higher education scene Maintain support for the openness of the academic community Support international education and multiple language programs and other methods of enriching and broadening the freedom and openness of the higher education experience International Education and Scholarship Work to ensure recognition of the critical importance for the advancement of knowledge that comes from the insights of students and scholars from across the globe Insist upon fair and timely procedures for non citizens who seek visas or other approvals to study teach or collaborate with researchers in the United States Advocate the clarification and fair implementation of programs that have been approved such as SEVIS and VISA MANTIS to monitor students and scholars from other nations and resist administrative restrictions on publication and dissemination of scholarship The Association also strongly supports the following platform which includes values and issues critically important to the professoriate Intellectual Property and Publishing Issues Monitor and protect the principles of academic freedom faculty ownership of intellectual property access to information in the development of treaties and new legislation affecting intellectual property issues including issues arising in the development of technological innovations Promote legislation

    Original URL path: http://www.aaup.org/our-work/government-relations/federal-government%C2%A0/legislative-priorities-archive/legislative (2016-02-13)
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