Legal Question in Employment Law in Georgia
I am faculty at a university. Last July I went up for promotion and tenure. Days (literally) before my department voted on my packet, our new department head came on board. While the promotion and tenure meeting is confidential, I have gotten the impression that the new department head lobbied strongly against my promotion and tenure and pressured others resulting in a negative overall vote. My packet advanced to the college level where it received a unanimous vote in favor. Likewise when it went on to the university committee, the vote was in favor. However, the president revoked the approval stating that he wants me to try again this year and hopefully earn more support from my home department. I feel the process has been corrupted by my new department head. Especially after hearing her brag about enjoying a ride with the university president in a private jet. The appeals process happens at each step of the p&t process so there is nothing more for me to request from the university. Do I have legal options to address this situation?
1 Answer from Attorneys
It would depend on the University's Charter, its Faculty Handbook, any collective bargaining agreement that might cover you (assuming yours is a private university), any individual contract that you might have, and other factual issues. If the reason for the Department Head's opposition is a consequence of some "protected criterion" (e.g., your race or religion, etc.) this would make a difference in the answer. An attorney would need to examine all of these factors before rendering any competent opinion on your question. There are cases in which professors wrongly denied tenure have sued and have won. However, these are complex cases and universities are given a great deal of leeway in applying promotion and tenure policies.
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