Within the complex environment of higher education, administrators and faculty members face daunting challenges in their unique domains of institutional governance. Many of the greatest challenges arise from basic misunderstandings of authority and its limitations by administrators and faculty members alike. These misunderstandings are the primary source of disruptive confusion, mistrust, and mismanagement. Consequently, an institution's governance would improve significantly if its personnel clearly understand the fundamental principles of authority. To bring about this improvement, Understanding Authority in Higher Education clarifies issues of authority in an academic setting. Throughout, it introduces basic concepts of higher-education administration and then examines the limits of authority in context. Pedagogically, the book strives continuously to ascertain whether authority is used properly from a legal perspective, emphasizing the influence of academic cultural norms on legal principles and vice versa. But, Understanding Authority in Higher Education goes further than law textbooks by using real and anecdotal case studies to examine aspects of authority that don't appear in court proceedings - those that lie beyond the reach of the law. In these cases, the book explores the anthropology - the behavior and the culture - of authority in the academic environment.
PREFACE CHAPTER 1 - ORGANIZATIONAL AUTHORITY Authority in Academia Authority Defined Acceptance of Authority Modulation of Authority by External Factors Delegation of Authority Rescission of Delegated Authority Responsibility and Accountability Chain of Command Organization Charts: Line and Staff Authority Authority in Agency Law University Type: Private or Public Obscured Limits of Authority Summary Notes CHAPTER 2 - SHARED AUTHORITY The Meaning of Shared Authority Consultative Authority Shared Governance Limited Rights to Consultation Jurisdiction of Shared Governance Breakdown of Shared Governance: Censures and Sanctions Refusal to Share Authority Failure to Accept Responsibility Summary Notes CHAPTER 3 - LOYALTY The Nature of Loyalty Loyalty Oaths Duty of Loyalty Loyalty to the Employer Familial Loyalty Political Campaign Contributions Political Endorsements Power Base Summary Notes CHAPTER 4 - LEGAL LIMITS OF AUTHORITY Legal Rights and Responsibilities The Constitution Due Process Deprivation of Life, Liberty and Property Interests Title IX Athletics Sexual Harassment Institutional Policies Exhaustion of Remedies Sovereign Immunity Charitable Immunity Qualified Immunity Summary Notes CHAPTER 5 - ACADEMIC AUTHORITY Academic Freedom Students' Academic Freedom Fundamental Limitations Freedom of Expression Faculty Criticism of the Administration Expression in Private Life Curriculum Religious Institutions Research Grades Conferring Degrees Revoking Degrees Summary Notes CHAPTER 6 - ADMISSIONS Authority to Admit Fundamental Constraints Discrimination Affirmative Action Admissions Programs Legacy Preferences Bribery Personal Favors Summary Notes CHAPTER 7 - STUDENT AFFAIRS Relationship with the Institution Authority over Student Life Honor Codes Disciplinary Actions Housing Room Searches and Seizures Family Educational Rights and Privacy Act Summary Notes CHAPTER 8 - HIRING The Generic Hiring Process Federal Equal Employment Opportunity Laws Affirmative Action Institutional Recruitment and Employment Policies Imposed Hiring: Patronage Political Patronage Invisible Patronage Patronage Sanctioned By Policy Fallback Appointments Spousal Hires Summary Notes CHAPTER 9 - EXCEEDING AUTHORITY Exceeding the Limits Lack of Authority Apparent Authority Estoppel Promissory Estoppel Deliberate Exceedance Unintentional Mistakes Due to Inexperience Overestimated Authority Premature Assertion of Authority Summary Notes CHAPTER 10 - INTRUSIVE MANAGEMENT Questions of Competence: Micromanagement Over-Caution Organizational Change under New Leadership Intrusion under New Leadership Intrusion by Outgoing Leadership Intrusion through Fear of Retribution Legislative Intrusion Legislative Line Items Legislative Intent Gubernatorial Intrusion Governing Board Intrusion: Special Favors Summary Notes CHAPTER 11 - RESISTING AUTHORITY Disobeying Orders Passive Resistance Deliberate Procrastination Duplicity Strategic Procrastination Administrative Resistance: Lame Ducks Incompetence Decision-Making Delay Failure to Give Information Failure to Report Information Summary Notes CHAPTER 12 - TERMINATIONS Firing Personnel Collective Bargaining Agreements Contractual Termination Clauses Termination "For Cause" Incompetence Insubordination Breaches of Academic Integrity Moral Turpitude Wrongful Termination Alternative Dispute Resolution At-Will Agreements Progressive Discipline Constructive Discharge Substance Abuse Summary Notes CASE INDEX SUBJECT INDEX
