Home -> Law Blog Directory -> Labor & Employment Law Blogs -> New York Public Personnel Law

Labor & Employment Law

: New York Public Personnel Law

Court review of university decisions concerning the appointment of faculty limited

By Harvey Randall, Esq.

Court review of university decisions concerning the appointment of faculty limited
Perinpanayagam v University At Buffalo & State Univ. of N. Y., 2007 NY Slip Op 03451, Decided on April 20, 2007, Appellate Division, Fourth Department

Dr. Hiran Perinpanayagam appealed SUNY at Buffalo?s decision not to renew his appointment as an Assistant Professor in the School of Dental Medicine. Although Supreme Court annulled SUNY?s determination; the Appellate Division reversed that holding.

The Appellate Division said that ?It is well settled that judicial review of a determination of an educational institution with respect to the appointment, promotion and retention of faculty is limited,? citing a number of decisions including New York Institute of Technology v State Div. of Human Rights, 40 NY2d 316.

While the determination of an educational institution with respect to the reappointment of a faculty member is ?not entirely beyond judicial scrutiny?, the Appellate Division said that courts should only rarely exercise oversight in cases involving academic institutions of higher learning in areas such as faculty appointment, promotion, and tenure, and then only with ?the greatest caution and restraint.?

Full post as published by New York Public Personnel Law on January 29, 2008 (boomark / email).