Understanding Authority in Higher Education - Smith, Dean O.

. .

Résumé :
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 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 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 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 CHAPTER 6 - ADMISSIONS Authority to Admit Fundamental Constraints Discrimination Affirmative Action Admissions Programs Legacy Preferences Bribery Personal Favors 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 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 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 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 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 CHAPTER 12 - TERMINATIONS Firing Personnel Collective Bargaining Agreements Contractual Termination Clauses Termination For Cause Insubordination Breaches of Academic Integrity Moral Turpitude Wrongful Termination Alternative Dispute Resolution At-Will Agreements Progressive Discipline Constructive Discharge Substance Abuse CASE INDEX SUBJECT INDEX...

Biographie:
.

Sommaire:

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 Agreem...