Relationship between a College and its Faculty Members

The legal relationship between a college and its faculty members is defined by an increasingly complex web of principles and authorities. In general, this relation- ship is governed by the common law doctrines, statutes, and constitutional pro- visions discussed in Chapter Four and Chapter Five. The particular applications of this law to faculty may differ from its applications to other employees, how- ever, because courts and administrative agencies often take account of the unique characteristics of institutional customs and practices regarding faculty (such as tenure) and of academic freedom principles that protect faculty members but not all other employees. Therefore, special protections for faculty may emanate from contract law (see especially Section 6.2), labor relations law (Section 6.3), employment discrimination law (Sections 6.4 & 6.5), and, in public institu- tions, constitutional law (see especially Sections 6.6 & 6.7) and public employ- ment statutes and regulations. Federal regulations also affect the faculty employment relationship