What is the legal test for determining whether a professor's conduct is consistent with or contrary to academic norms?

California, United States of America


The following excerpt is from Bola v. Univ. of Southern California, B229519 (Cal. App. 2012):

The Grievance Panel and the president gave appellant a fair opportunity to present evidence and testimony on this issue. The weight given to individual tenure criteria, such as the requirement for significant external funding, is a matter that should be determined by the academic institution. Tenure decisions in an academic setting "require[] an assessment of whether the professor's conduct is consistent with or contrary to academic norms, which only academic peers . . . are qualified to determine." (Gutkin v. University

Page 13

of Southern California, supra, 101 Cal.App.4th at p. 978; Pollack v. University of Southern California (2003) 112 Cal.App.4th 1416, 1426.) Therefore, we cannot find procedural error in the administrative review process solely because one of the factors suggested for tenure in the SW Handbook was not explicitly included in the USC Faculty Handbook.

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