Journal article
Professor Defend Thyself: The Failure of Universities to Defend and Indemnify Their Faculty
Willamette Law Review, Vol.39, pp.1063-1487
01 Jul 2003
Abstract
University professors going about their daily activities of teaching, researching, and writing rarely consider the possibility of being sued. To the extent that the concept of potential liability does cross their minds, educational professionals undoubtedly comfort themselves in the realization that since their activities are job-related, the school that employs them is obligated to provide a defense and indemnity in any suit stemming from those activities. Given the ever-increasing litigious nature of American society, the instances of college faculty members being sued are likely to increase. The American Association of University Professors (AAUP) has recognized this trend:
"There has been in recent years a steady growth in lawsuits filed against faculty members over the discharge of their professional responsibilities. Legal actions have been initiated by colleagues, by rejected applicants for faculty positions, by students, and by persons or entities outside the academic community. Litigation has concerned, among numerous issues, admissions standards, grading practices, denial of degrees, denial of reappointment, denial of tenure, dismissals, and allegations of defamation, slander, or personal injury flowing from a faculty member's participation in institutional decisions or from the substance of a faculty member's research and teaching."
With an increase in suits against faculty members comes the corresponding question of who will ultimately bear the financial burden of attorneys' fees and monetary judgments The belief that universities will gladly "step up to the plate" in defense of their employees in cases where the allegations against the employees is belied by the schools' conflicting interests.
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Details
- Title
- Professor Defend Thyself: The Failure of Universities to Defend and Indemnify Their Faculty
- Creators
- Kevin Oates
- Publication Details
- Willamette Law Review, Vol.39, pp.1063-1487
- Publisher
- Willamette Law Review
- Resource Type
- Journal article
- Language
- English
- Academic Unit
- Thomas R. Kline School of Law
- Identifiers
- 991021866836904721