What is the burden of meeting a special master's burden on a nursing faculty?

MultiRegion, United States of America

The following excerpt is from Spaulding v. University of Washington, 740 F.2d 686 (9th Cir. 1984):

In attempting to meet its burden, the nursing faculty contends that nursing faculty members perform substantially equal work to that performed by specified comparator faculty members because both jobs require preparation and teaching of courses, research and publication, committee work, advising of students, and community service. The nursing faculty selected the departments relied upon for comparators because they are professional schools "with a degree mix similar to the school of nursing with practice related activities, where students are frequently put into clinical settings under faculty supervision." The nursing faculty introduced statistics attempting to compare 66 individual faculty members from the selected comparator departments with members of the nursing faculty based on degrees held, experience, and merit. In addition, the nursing faculty points to evidence describing various faculty positions and showing that its members taught courses in comparator departments, engaged in research on interdisciplinary issues, and worked on committees with comparator faculty members. Despite the facial similarity in the nature of the faculty positions relied upon by the nursing faculty, the special master concluded that the nursing faculty had not shown substantial equality. The district judge adopted that finding. We conclude that the district judge's finding on substantial equality is not clearly erroneous. See generally Horner v. Mary Institute, 613 F.2d at 714 (affirming finding that jobs of two physical education teachers were not substantially equal even though "superficially identical in that both involve teaching of physical education").

Other Questions


When a judge meets a jury in an ex parte meeting, can the judge mitigate prejudicial effects of the meeting? (MultiRegion, United States of America)
What is the burden of meeting the burden for asylum because of past persecution? (MultiRegion, United States of America)
Does a federal court abuse its burden of finding that the government failed to meet its burden on the U.S.G.2B1.1(b)(1)(1) enhancement? (MultiRegion, United States of America)
What is the legal test for withholding deportation when petitioner fails to meet the lower burden of proof required for asylum? (MultiRegion, United States of America)
What is the burden-shifting and enhanced burden of proof of a fiduciary relationship? (MultiRegion, United States of America)
Can a reorganization proceeding be referred to a special master under Rule 53 of Rule 53? (MultiRegion, United States of America)
What is the burden of proving that a state statute or municipal ordinance discriminates against or places some burden on interstate commerce? (MultiRegion, United States of America)
What is the burden of discharging the tax burden on a company when it is shown that income is not reported to the taxpayer? (Canada (Federal), Canada)
What is the state's obligation to provide special education for children with special needs? (MultiRegion, United States of America)
What is the initial burden of proving that Defendant substantially burdened the exercise of his religious beliefs? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.