The Legislature and the University: Conflict in Higher Education. ASHE 1984 Annual Meeting Paper.

N

45

College Faculty; Confidential Records; Conflict Resolution; Disclosure; Educational Policy; Employment Practices; Governance; Government School Relationship; Higher Education; Institutional Autonomy; Legislators; Personnel Policy; Power Structure; State Boards of Education; State Officials; State Universities

Conflict over authority between the California Legislature and the University of California is examined. While the University of California has broad constitutional autonomy over academic matters, organization, and governance, the legislature has certain authority over the university under its own constitutional and budgetary powers. Attention is focused primarily on a particular conflict between the California Legislature and the University of California: the attempt to enact legislation to require the university to give faculty members access to their personnel files, including confidential letters of recommendation on which academic employment, tenure, and promotion decisions are based. In addition, four major conflicts between the university and the legislature that occurred between 1969 and 1978 are addressed: legislative response to campus disturbances (1969), establishment of a new state-level coordinating agency for higher education (1973), constitutional amendment for legislative control over competitive bidding procedures at the university (1976), and budget control language establishing criteria for faculty tenure and promotion (1977). Finally, implications for policy are briefly considered. (SW)

1984

ED245603