Supreme Court holds fate of faculty tenure

Jennifer Knight

Wednesday, Jan. 16, 2002 | 8:37 a.m.

A sticky tenure case heard before the Nevada Supreme Court Tuesday could tip the balance of power in granting lifetime teaching positions at colleges and universities.

Justice Cliff Young, who must be elected every six years, questioned the right to lifetime job security.

"Over the years there were some of us that wondered whether tenure was defensible at all, but some people at the university rose up against that," Young said.

The case pits the university system against Marcella McClure, a former assistant professor of biology who claims she was unfairly fired from the University of Nevada, Las Vegas. She alleges that a boss who disliked her changed the rules for judging her performance just before she applied for tenure.

University lawyers argued that UNLV can deny tenure for any reason and at any time because it is immune from suits of this nature.

"That's what this case is, it's simply a rejection of tenure," said Brooke Nielson, representing the university. "They are asking that the court overturn a discretionary ruling, and that is something the court cannot do."

Tenure may not be guaranteed, but the rules leading up to it should be clear and unwavering, said Bradley Richardson, McClure's attorney.

"They maintain that they are not bound by any rules in tenure review," Richardson said. "It's pretty much a free-for-all."

A lower court upheld the university's argument. McClure hopes to overturn that decision so she can continue her breach-of-contract suit.

When McClure's tenure was denied in 1997, she had received good performance reviews based on her research, teaching ability and community service, the suit said.

Three years after her hire, another condition was added: collegiality. That condition had never been applied before to any other candidate for tenure, Richardson said.

Despite several awards in her field, McClure lost her tenure and ultimately her job over the issue of collegiality.

Faculty members are watching the case closely, noting that a ruling against McClure could stifle academic freedom.

"That means they don't even have to abide by the rules it created to govern itself ," said Gerald Kops, legal defense co-chairman of UNLV's Nevada Faculty Alliance. "I think it would have a serious effect on the vitality of the faculty."

The issue of collegiality as a condition of tenure is controversial, as well.

"There is always the potential for it to evolve into a personality contest," Steve Carper, UNLV Faculty Senate chairman, said. "I should be able to do my job even though I have personal habits that annoy you."

Young and Justices Deborah Agosti and Myron Leavitt are expected to render a decision in several months, court spokesman Bill Gang said.