ARBITRATION IN HIGHER EDUCATION: OPPORTUNITIES AND CHALLENGES

HARSH K. LUTHAR AND JOSEPH BONNICI

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DOI: 10.2190/54BK-26CV-RNVX-J48R

Abstract

The concept of academic judgment continues to enjoy privileged status in academe. It is equally clear, however, that the legal environment within which universities and colleges operate has changed sufficiently in the last twenty or so years that it has become harder than ever to justify discriminatory or arbitrary promotion and tenure employment decisions on the basis of academic judgment. Academic judgment cannot grant perfect immunity and protect the university from the courts or the arbitrators under all circumstances. Arbitration has proven to be very useful in industry, and there is every indication it can provide a valuable service in academe as well. It is certainly more economical and less time consuming than litigation. It is a voluntary process both parties control to a large extent. The arbitrator is selected with mutual agreement, and once the decision is rendered, the grievance can be considered resolved for all practical purposes, and both parties can devote their energies to other pursuits.

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