Proof that you can discipline tenured faculty and make it stick, if you're willing to go the distance

This from the National Association of College and University Attorneys:

Heublein v. Wefald, (D.Kan.)
June 19, 2011: Labor and Employment - A university mathematics professor claiming a procedural due process violation from placement of negative reports in his personnel file failed to allege a protected liberty or property interest. He remained a tenured professor. The attorney fees he expended during the grievance process could not give rise to an independent protected property interest. His interest in having his personnel file free of negative reports did not result in a deprivation where the reports did not cause a loss of stature or pay. He had no legitimate claim of entitlement to teach summer school classes and obtain the resulting benefits. Harm to his professional reputation could not serve as the basis of his claim, as the statements did not occur in the course of termination or foreclosure of other employment opportunities. However, he would be granted leave to amend his complaint to re-plead that claim.

Here's what I've had to say on the subject in days past:


Don't Be Afraid of Disciplining the Dead Wood on Your Faculty

Jim Castagnera


Tenure over the decades, if not to say centuries, has assumed the aura of the Holy Grail. Hearing the word conjures up an image of Indiana Jones pouring water from Christ's chalice onto the wounded chest of his father, the elder Professor Jones, played by Sean Connery in the third of Spielberg's famous trilogy. Steam rises from Professor Jones' chest and he is magically bullet-proof.

Photo of Jim Castagnera
Jim Castagnera
Because tenure has taken on this aura, too often we tolerate the "dead wood" on our faculties. A professor at an institution where I once worked comes to mind. Denied promotion years ago, he became a phantom, slipping onto campus to teach his classes and to hold the minimum number of office hours, then vanishing like the early-morning fog on our academic quad. "What can we do?" shrugged a frustrated chair. "We can't fire him. He's got tenure."

True. Terminating a tenured professor typically requires solid evidence of an extremely serious offense like sexual harassment, theft or research dishonesty.

Does this mean progressive discipline is an impossibility? Absolutely not. Few court cases can be found on this question, but those reported support the conclusion that step-by-step disciplinary action can be applied to a tenured professor as well as to any staffer on your campus.

What are some of the steps that might be taken?

The least severe is probably a written reprimand to the professor's personnel file. While this may seem a small step for an administrator, it can be a giant step on the road to reforming a recalcitrant senior faculty member. I have seen full professors alter inappropriate behavior in response to such a letter from our provost.
More severe steps can include denial of a scheduled pay increase; a reduction in salary, either temporary or permanent; and suspension without pay. All have been upheld by various courts in a variety of jurisdictions. In short, tenure does not mean retirement-in-place. Your deadwood can be disciplined.