scholarly journals A Court Case Analysis Of Administrative Versus Faculty Grading Rights

2010 ◽  
Vol 7 (5) ◽  
Author(s):  
Homer L. Bates ◽  
Bobby E. Waldrup

Since 1940, when the AAUP formally defined academic freedom (AAUP, 1984), most faculty members believe they have the final authority in assigning course grades to their students.  Faculty members may be surprised that several recent court decisions have concluded that college and university administrators have the right to change grades initially assigned by faculty.  This manuscript examines faculty members’ rights to assign student grades within the context of academic freedom.  Several important recent court decisions on student grading and grade changes are summarized and discussed.  Based on these decisions, recommendations are made for both faculty and college and university administrators regarding the assignment of student grades and the student grade appeals process.

Author(s):  
Robert Cohen

As the student movement spread across America from 1933 to 1935, it encountered strong opposition from college and university administrators. The anti-war demonstrations and strikes, the mass endorsement of the Oxford Pledge, and the rising influence of leftist-led student organizations outraged many of these administrators. This activism seemed so radical and sudden a departure from the political quiescnce of the collegiate past that campus officials often found it intolerable. The initial impulse of many college deans and presidents was to try suppressing this student activism, in a manner quite similar to that previously seen on New York’s campuses during the early days of the NSL. But just as repression had failed to kill New York’s student movement in 1931 — 1932, it would also fail to stop the rapid growth of the movement nationally in the mid-1930s. This was due in large part to the determined free speech fights waged by student activists, who made campus political rights a top priority for their movement. Free speech became a “cause célèbre” on campus because, as former NSL leader Celeste Strack recalled, students found administration acts of suppression politically offensive and personally insulting: . . . While the war and peace issue was becoming big, academic freedom was already a hot issue because no matter what you wanted to talk about you were up against the effort . . . [of] the administration not to give you the right to talk like grown up people about issues. . . . They . . . [would] treat us like children, and that was very deeply resented, [and] . . . this was a very important question. . . . The disrespect of college administrators for student political rights ran deeper, however, than even most movement activists could have guessed; it led these campus officials to infringe upon student civil liberties not only publicly but also covertly. College and university administrators opposed to the student movement became involved in secretly feeding information on student protesters to the Federal Bureau of Investigation (FBI), enabling the Bureau to open dossiers on many of these Depression era campus activists.


2019 ◽  
Vol 63 (13) ◽  
pp. 1760-1775
Author(s):  
Wendy Leo Moore ◽  
Joyce M. Bell

This article identifies the dominant frame through which university administrators in the United States respond to racist incidents and analyzes that from using the lens of critical race theory (CRT). We argue that the stock response of college and university administrators, which calls for counterspeech as the only appropriate response to racist speech, fails to consider the harmful effects of racist speech on students, staff, and faculty of color. Furthermore, this abstract-liberalist, color-blind approach decontextualizes racist speech from the historical and contemporary reality of structural racism that informs the speech acts and symbols used in these displays. We further use the CRT approach by shifting the perspective from a unilateral focus on protecting the right to racist speech to explore what happens when analysts focus instead on protecting substantively equal access for community members of color. In so doing, we highlight the value of CRT for revealing how white racial framing obscures competing legal and policy norms.


2011 ◽  
Vol 14 (3) ◽  
pp. 142 ◽  
Author(s):  
Raja R. Gopaldas ◽  
Faisal G. Bakaeen ◽  
Danny Chu ◽  
Joseph S. Coselli ◽  
Denton A. Cooley

The future of cardiothoracic surgery faces a lofty challenge with the advancement of percutaneous technology and minimally invasive approaches. Coronary artery bypass grafting (CABG) surgery, once a lucrative operation and the driving force of our specialty, faces challenges with competitive stenting and poor reimbursements, contributing to a drop in applicants to our specialty that is further fueled by the negative information that members of other specialties impart to trainees. In the current era of explosive technological progress, the great diversity of our field should be viewed as a source of excitement, rather than confusion, for the upcoming generation. The ideal future cardiac surgeon must be a "surgeon-innovator," a reincarnation of the pioneering cardiac surgeons of the "golden age" of medicine. Equipped with the right skills, new graduates will land high-quality jobs that will help them to mature and excel. Mentorship is a key component at all stages of cardiothoracic training and career development. We review the main challenges facing our specialty�length of training, long hours, financial hardship, and uncertainty about the future, mentorship, and jobs�and we present individual perspectives from both residents and faculty members.


2018 ◽  
Vol 3 (2) ◽  
pp. 114-136
Author(s):  
Eman I AHMED

Faculty engagement has been proved to be a critical driver of the universities’ efficiency and effectiveness. The first step towards building an engaged workforce is to get a measure of faculty perceptions of their engagement level to their universities. Accordingly, the purpose of this paper is to investigate the faculty members' engagement in the Imam Abdulrahman Bin Faisal University. It examines the relationship between the faculty professional variablesand their level of engagement to their institutions. William Kahn's (1990) three-component model of employee engagement was partially adapted as a framework to measure the faculty members' engagement. A questionnaire was used to better address the objective of this study. The data were obtained from the Imam Abdulrahman Bin Faisal University (Dammam University) through an internet-based survey. The validity and the reliability of the questionnaire has been evaluated and reported. Results of the analyses show that cognitive engagement is reported to be higher than both the emotional and physical engagement, with a mean rating of 4.040 and a standard deviation of .487, based on the five-point scale. Given the engagement level of the faculty members in this study, the university administrators should develop policies, and strategies that encourage and support engagement among faculty members at the University in order to maximize their engagement. Policy makers must also take into consideration the needs of the faculty members


Author(s):  
Mariіa Konstantinovna Kulava

Within the presented article, taking into account already existing achievements of scientists, the concept, the main features of the principles of state administration of the executive system of Ukraine are defined. The principles of activity of executive bodies bodies according to the current legislation of Ukraine are determined. A brief description of the principles is presented, namely: the rule of law, legality, compulsory, independence, justice, impartiality and objectivity, discretion, transparency and openness of executive proceedings and its fixation by technical means, the reasonableness of the time limits for enforcement proceedings, the proportionality of enforcement measures and the amount of claims for decisions, the right to appeal decisions, actions or omissions of state executives, private performers. It is established that in general the principles of executive proceedings in the investigated normative acts are duplicated, in addition to the principles of independence and the right to appeal decisions, actions or inaction of state executives, private performers. The actual vision of the principles of public administration of the executive system of Ukraine is determined. The opinion on the need to supplement the list of principles with the following: the principle of equal competition between state and private performers through the balance between them; the principle of responsibility of the executive system bodies, their officials and private executors for damage caused as a result of violations of regulatory requirements; the principle of introducing effective incentives for voluntary implementation of decisions; the principle of professionalism and competence. Also, within the submitted article, it is stated that the use of the terms “principles” and “principles” in the Laws of Ukraine “On Bodies and Officials Performing Enforcement of Court Decisions and Decisions of Other Bodies”, “On Enforcement Proceedings”, which are adopted simultaneously and regulated, are unjustified, identical social relations.


NASPA Journal ◽  
1996 ◽  
Vol 34 (1) ◽  
Author(s):  
Spring Walton

The author examines social host liability doctrines as interpreted by the courts and discusses them in relation to the college and university. Based on a study of campus fraternity chapters, their attitudes and knowledge about social host liability, and their methods of addressing this possible problem, the author suggests ways that university administrators can assist in preventing these cases.


Horizons ◽  
2002 ◽  
Vol 29 (1) ◽  
pp. 128-134
Author(s):  
Patrick T. McCormick

ABSTRACTMany oppose the mandatum as a threat to the academic freedom of Catholic scholars and the autonomy and credibility of Catholic universities. But the imposition of this juridical bond on working theologians is also in tension with Catholic Social Teaching on the rights and dignity of labor. Work is the labor necessary to earn our daily bread. But it is also the vocation by which we realize ourselves as persons and the profession through which we contribute to the common good. Thus, along with the right to a just wage and safe working conditions, Catholic Social Teaching defends workers' rights to a full partnership in the enterprise, and calls upon the church to be a model of participation and cooperation. The imposition of the mandatum fails to live up to this standard and threatens the jobs and vocations of theologians while undermining this profession's contribution to the church.


Author(s):  
Michał Bartoszewicz

The article deals with standards of professional preparation of doctors in the scope of speaking and writing Polish. The thesis of the article is that this requirement is one of the elements of professional preparation which is not limited to knowledge but includes specific skills. Defining the threshold of minimum linguistic competence is a subtle matter. The study draws attention to the necessity of pragmatic approach to these requirements to the extent necessary to practice as a doctor or dentist. From the point of view of the doctor’s rights, a lot depends on the procedure of verifying the command of Polish language. Therefore, attention was paid to the jurisprudence of administrative courts in this area.


2017 ◽  
Vol 6 (2) ◽  
Author(s):  
MSc. Vilard Bytyqi

The right to appeal, respectively the right on complaint as per our legal vocabulary, constitutes the basic trunk of the second phase of court decisions in a certain procedure, in particular the criminal proceedings.The aim of this paper is to emphasize the main notions of appeal, but also in other aspects through the comparative description it aims to bring more clarity in differences and similarities that exist in between the appeal which is used in our criminal proceedings and the appeal which is used in the criminal proceedings that take place in the supranational courts. It is known that in courts which consist of international elements, the appeal is positioned in a more advanced level, due to the fact that there are grounds of suspicion used over every element that could be used in any national criminal proceedings.Overall, in any place of the world, the appeal has the goal to remedy court decisions brought by the court of first instance, while, in the procedural aspect it has more or less differences depending on the regulations of criminal procedures of that state. Such difference due to the diversity of the legal systems today are also accepted as the universal legal value, since establishment of international tribunals provides the best practice in this field. 


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