Professors with years of experience at a college or university may think that once an institution grants them tenure, they are immune from termination for the remainder of their careers. Although this academic safeguard allows professors to discuss and investigate controversial topics and ideas with students without risking their job, professors can lose their tenure if they are found responsible for certain misconduct.

The Association of American Colleges and Universities and the American Association of University Professors founded the concept of tenure under the 1940 Statement of Principles on Academic Freedom and Tenure. Academic tenure is essentially a contract with no expiration, meaning professors don't have to be reappointed year after year to retain their position. School administration can only terminate tenured professors under extraordinary circumstances defined by a college or university policy guidelines.

Things That Don't Lead to a Professor Losing Tenure

• Teaching or discussing a controversial topic
• Conducting research or publishing findings on controversial topics

Issues That Can Lead to Loss of Tenure

• Non-performance or incompetence (bad at teaching)
• Neglect of official duties
• Academic dishonesty (e.g.: research misconduct, plagiarism, false lab results)
• Unethical or unprofessional behavior
• Sexual harassment

Title IX Violations

One of the most common reasons tenured professors lose their tenure and teaching positions is personal conduct—sexual harassment, abuse, or criminal activity. Since there is no "statute of limitations" for Title IX sexual misconduct in the context of school discipline, an alleged incident that may have occurred years before can still derail a professor's tenured career.

Investigation Process

Some schools list their process of investigation into allegations of misconduct for professors and university staff under school policies and guidelines. Much like disciplinary hearings that students navigate following misconduct accusations, these hearings are not conducted in a court of law; therefore, a professor shouldn't expect to be afforded proper due process.

Regardless, let's say the school administration accuses a professor of non-performance misconduct. What are the steps the school will take?

• The professor will receive a written notice from the school administration about the alleged misconduct.
• The professor will be given an opportunity—in writing or at a meeting with the appropriate administrator(s)—to give a response to the allegations.
• An ombudsperson will be present as an "objective, informational resource" for the meeting unless the professor waives their right, in a written notice, to have them present.
• Following the meeting, the professor will have another opportunity to provide a written response to the appropriate administrator(s).

Some schools have less defined guidelines on investigations. For example, the policy for the University of California states, “it is desirable that the faculty meaningfully participate in its own self-discipline.” Therefore, investigating allegations of misconduct “involve” professors and faculty members. Moreover, the school seeks the “early resolution of allegations of faculty misconduct before formal disciplinary proceedings are instituted.” It's imperative you understand how your institution works.

Protecting Your Tenure

What if that same professor is proven to have been responsible for non-performance misconduct? Some of the disciplinary measures available to college administration include:

• A verbal warning or reprimanding letter
• Suspension with pay
• Suspension without pay
• Termination from the position

Protecting Your Tenure

If you are a professor facing misconduct allegations and are worried about losing your tenure, you can take steps to ensure there is a solid foundation to stand on when facing the school administration in a disciplinary hearing. Attorney Joseph D. Lento is an experienced advisor that can help you through the complicated and challenging investigation and hearing process so you can save your tenure and career. Call the Lento Law Firm today at 888-535-3686 to understand how Attorney Lento and his expert team can defend you.