Can an Academic Be Fired After Getting Tenure?

The question of whether a tenured professor can be fired has been a topic of discussion among educators and administrators for years. This article explores the case of Joseph Schiele, a tenured professor at Oakland University, and delves into the complexities surrounding academic tenure and its implications.

Case Study: Joseph Schiele

Consider the case of Joseph Schiele, a former associate professor at Oakland University in suburban Detroit. Schiele held a tenured position in the school’s business administration program. However, in 2018, he faced criminal charges for possession of a controlled substance, possession of a firearm in the commission of a felony, and operating a drug house where young adults reportedly partied.

The university placed Schiele on paid leave while he was out on bond. Unfortunately, before the verdict was handed down, Schiele was sentenced to four years in state prison and later deported back to Canada.

In the context of academic tenure, such instances can lead to termination, albeit with due process. The concept of tenure implies that a faculty member must be dismissed for ‘cause’ following due process, emphasizing that only egregious actions qualify for such action.

Understanding Tenure

Tenure is a highly sought-after status in academia, often perceived as a safeguard against unjust termination. However, it does come with certain conditions.

As previously mentioned, tenured professors are akin to public officials in terms of accountability. They can be indicted and terminated like most any public official, as long as due process is followed.

Rare but Possible: Terminating Tenured Faculty

Despite the robust protections provided by tenure, there are instances where a university can terminate a tenured faculty member. This is typically only possible if there is a compelling reason, such as:

Gross incompetence Negligence Insubordination Serious complaints related to misconduct, such as theft or sexual harassment Developing a significant substance abuse problem Failure to fulfill a specific obligation in the contract, such as obtaining a required degree or certification

It is worth noting that despite the protections of tenure, the academic environment can still be challenging for tenured faculty. This can include:

Research misconduct, such as falsifying data or claiming the work of others as one's own Ethical misconduct, such as abusing students or colleagues Financial exigency, which may arise if the university or college declares bankruptcy or faces significant financial hardship, potentially leading to department closures and job losses for tenured faculty

Equivalence to Employee At-Will

It's essential to recognize that while tenured professors have strong protections against arbitrary termination, they don't have the same absolute job security as non-tenured employees. Most US workers are considered 'employees at will', meaning they can be fired for any reason or no reason. Tenured faculty, on the other hand, can be fired for cause as mentioned above, or their positions may be affected due to enrollment declines.

Protections and Realities

Academic institutions are bound to follow due process when considering the termination of a tenured faculty member. This includes the following steps:

Notification of the potential termination Allowance for a response from the faculty member Holding a formal hearing Publication of the decision in the institution's internal communications

While these protections exist, it's clear that the process is strict and must be justified by significant and clear reasons.

Conclusion

The role of tenure in academia is a delicate balance of providing job security while ensuring accountability. The case of Joseph Schiele exemplifies the rare instances where tenure can be challenged, highlighting the importance of upholding academic integrity and adhering to institutional policies.

For more insights and discussions on academic tenure and career stability, educators and administrators are encouraged to continue engaging in open dialogues and discussions within their institutions.