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NEVADA FACULTY ALLIANCE
TMCC-NFA LOCAL 6766

FACULTY RIGHTS

Tenure

The Nevada Faculty Alliance vigorously defends tenure and the safeguards it affords faculty members. Tenure protects academic freedom, which is necessary for teachers and researchers in higher education. Individuals cannot fulfill their responsibilities if they fear loss of employment because of their speech, publications, or research due to political, corporate, religious, or other outside pressures. Tenure also promotes stability, giving individual faculty members the ability to develop stronger ties to the local community, mentor students, and pursue innovation. Although tenure only permits termination for cause or extraordinary circumstances, its benefits go well beyond the protection of individual faculty members. It protects the quality of teaching and maintains the institution’s integrity, thereby serving students, society, and the common good.

Principles of Academic Freedom

NFA adheres to and defends our members' rights under the Academic Freedom Policy adopted by our affiliate organization, AAUP (The American Association of University Professors) and utilized by the Nevada System of Higher Education in Title 2, Chapter 2 and Title 4, Chapter 1, Section 38. 

  • Full Freedom in Research and Publication that does not interfere with the performance of other academic duties.
  • Freedom in the Classroom in discussing with candor and integrity the subjects related to their areas of expertise even if the topics are considered politically, socially, or scientifically controversial. Freedom in the classroom also includes the freedom to choose pedagogical strategies appropriate to their fields of expertise. 
  • Freedom as a Citizen to express concerns or ideas without fear of institutional censorship or discipline. Faculty should clearly indicate that they are not acting as institutional spokespersons when they engage in their rights as citizens. 

Obligations of Academic Freedom 

  • NFA shall welcome and encourage “the freedom to debate and discuss ideas” to inspire “critical thought and promote enhanced learning opportunities” (BOR Handbook, Title 4.1.38).
  • NSHE institutions may “in narrowly-defined circumstances… lawfully restrict expression and may reasonably regulate the time, place, and manner of expression consistent with First Amendment Principles” (Title 4.1.38).
  • NFA will pursue actions against any attempt to “restrict or suppress debate or deliberation because the ideas put forth are thought to be offensive, unwise, immoral, or misguided” because attempts “to censor or punish the free expression of ideas” undermines the core function of the institution “of promoting rational discussion, inquiry, discovery, and the dissemination of knowledge” (Title 4.1.38).
  • NFA shall “promote a lively and fearless freedom of expression and deliberation, but also protect that freedom when others attempt to restrict it” (Title 4.1.38).
  • NFA will strive to ensure that faculty members who exercise their rights to Academic Freedom “shall not be subjected to censorship or discipline by the Nevada System of Higher Education on grounds that” they have “expressed opinions or views which are controversial, unpopular, or contrary to the attitudes of the Nevada System of Higher Education or the community” (BOR Handbook, Title 2.1.2).
  • NFA agrees that faculty members shall not persist in discussing ideas in the classroom that bear no relation to the subject being taught.
  • NFA believes that faculty members must accept that “academic freedom is accompanied by the equally demanding concept of academic responsibility” and agree “to maintain appropriate standards of scholarship and instruction” (Title 2.1.3).
  • “Faculty, students, staff, and others are free to criticize, contest, and condemn views expressed on campus; however, they may not obstruct, disrupt, suppress, or otherwise interfere with the freedom of others to express views they reject or even loathe” (Title 4.1.38).
  • Acts interfering with academic freedom, especially those using physical force or disruptive acts that impede institutional operations are the antithesis of academic freedom.
  • Acts that deny freedom of speech, freedom to be heard, and/or freedom to pursue research of choice also represent the antithesis of academic freedom.

Protection of Academic Freedom

Both the protection of academic freedom and the requirements of academic responsibility apply to all members of the TMCC faculty, not only to the full-time tenured and tenure-track academic faculty but also to other faculty on campus including administrative and part-time faculty. 

The exercise of Academic Freedom shall not be deemed insubordination which would impose a specific and dire disciplinary term to a protected act, denying the right to freedom from censorship or discipline promised by the Nevada System of Higher Education. 


Shared Governance

According to TMCC’s Shared Governance Principles, “Joint efforts in an academic institution require a productive interdependence of all stakeholders.” The AAUP “Statement on Government of Colleges and Universities” argues that shared governance is essential for maintaining autonomy, the welfare of the institution, the productive communication of ideas, and impactful decision making. Furthermore, all of us are partners in creating a vibrant campus community.

TMCC-NFA will vigorously assert its role in Shared Governance at TMCC.

Legal Defense

TMCC-NFA members in good standing are entitled to legal guidance on employment related matters. Members may be eligible for legal defense in cases related to teaching, research, administrative responsibilities, grievances, etc. at TMCC depending on the merit and parameters. NFA can help with tenure denial, reconsideration, grievances, adverse annual evaluations, pay equity, sexual harassment, discrimination, and other workplace issues. 

Each case will be evaluated by the TMCC-NFA Legal Defense Committee. Contact any TMCC-NFA Officer for additional information.

Legal Defense Inquiries

  1. Are you a member in good standing? 

    1. If not, you are not eligible for legal defense support. But you can become a member by submitting this application: https://www.nevadafacultyalliance.org/MembershipApplication

  2. Please describe to the best of your ability the issue(s) that led you to pursue legal action. If possible, cite the portions of the NFA contract/NSHE code/TMCC bylaws that you feel are relevant.

  3. What actions have already been taken to attempt a resolution?

  4. Have you pursued a formal grievance procedure?

    1. Is that something you want assistance with?

  5. Do you already have legal counsel or do you need assistance from NFA to secure counsel?

  6. Please provide any supporting documentation that you might have. The committee will follow-up with an interview to clarify details and assist you in organizing your request.

NFA will only consider providing financial support for employment-related matters. Employment-related matters may include, but are not limited to, evaluation, promotion, salary, denial of tenure, rescission of tenure, termination, administrative leave, conditions of employment, faculty and professional employee rights, Code and Bylaws disputes, Code and Bylaws violations, violations of collective bargaining agreements, constitutional rights, accusations under affirmative action guidelines as those accusations affect employment, and governance issues as governance issues affect employment, subject to the definitions and exclusions stated in this policy.

Other matters may fall under a different legal process such as ADA, Title IX, or EEOC.

Contact Us:

Office: 702-530-4NFA (4632)

stateboard©nevadafacultyalliance.org

Address:

840 S. Rancho Drive

Suite 4-571

Las Vegas, NV 89106

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