Due Process Rights in Faculty and Staff Dismissal

The Fifth Amendment to the U.S. Constitution states, as a command to the federal government, that no person shall be “deprived of life, liberty, or property, without due process of law.” Similarly, Section 1 of the Fourteenth Amendment extends the same principles of due process to state governments. Affording individuals or organizations “due process” basically means to conduct legal proceedings with fairness in both content and procedure. It is the Fourteenth Amendment and its connection to state governments that connects the due process clause to the work of public colleges and universities. In private colleges and universities, the principles of due process are usually governed by standards of good faith in adherence to provisions of contracts and handbooks. In light of the importance of due process protections for faculty and staff members who may be facing the loss of their jobs, this entry reviews the key legal dimensions of this topic.

Faculty and staff dismissals in higher education can be initiated by a variety of events. For example, dismissals for cause may be based on academics, such as the denial of tenure or being fired for academic misconduct in teaching or research. Dismissals may also be based on disciplinary misconduct, including such activities as embezzlement, [Page 139]misuse of institutional or grant-related funds, insubordination, neglect of duty, unprofessional conduct, immorality, or other good cause. Finally, dismissals may be caused not by the actions or inactions of faculty members and staff persons themselves but by the necessity of layoffs in times of financial hardship; this is commonly known as a reduction in force.

In all cases involving the dismissal of faculty members and staff persons, due process is a must. Due process at dismissal requires officials to employ fair and appropriate procedures when restricting the liberty or property of employees. While the particulars may vary depending on institutions and their policies, procedures typically include notice of the charges against the persons or statements of reasons for their dismissals, notification of the decision(s) to be made, and opportunities for faculty members or staff persons to be heard and to appeal resulting adverse employment actions.