Member |
legal defense servicesNFA 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 NSHE 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 your chapter's Legal Defense Committee. The process for obtaining legal defense support for NFA members is more fully described in the NFA Legal Defense Policy
(Please do not use institutional electronic mail accounts for any confidential information regarding legal defense cases. A voice message may be left at NFA's state office, 702-530-4632.) The NFA provides guidance and may provide legal services to NFA members in employment-related matters. Each NFA Member in good standing shall have access to legal defense in cases related to teaching, research, and administrative responsibilities and obligations and grievances at institutions of the Nevada System of Higher Education. NFA can help with tenure denial, reconsideration, grievance, adverse annual evaluations, Chapter 6, Chapter 2, pay equity, sexual harassment, discrimination, and other workplace issues. NFA members may obtain legal defense support depending upon the case’s merit and parameters. Legal defense guidance is limited to consultation with the chapter legal defense representative or committee, which may intervene to resolve faculty issues through informal means. For cases requiring further assistance, the chapter legal defense representative may apply to the state NFA Legal Defense Coordinator. The state Legal Defense Coordinator may approve financial support for consultation with a licensed attorney per the NFA Legal Defense Policy |
Chapter 6 AssistanceTitle 2 Chapter 6 of the NSHE Code establishes policies and procedures to terminate faculty members for cause. In recent years, some Chapter 6 proceedings have been initiated by NSHE institutions based on flimsy evidence in what appear to be attempts to intimidate faculty rather than uncover real wrongdoing. NFA members may consult our guide, Advice for Faculty Facing Chapter 6 Proceedings, to learn more about the process and how to respond if they are targeted with a Chapter 6 complaint. |
NFA Litigation and Amicus BriefsIn accord with NFA's litigation principles, our Legal Defense Committee sometimes authorizes direct litigation or amicus briefs in support of our constituents in cases involving academic freedom, tenure, discrimination, sexual harassment, freedom of speech, among other things. We frequently join our affiliated partner, AAUP, in these filings. Academic Freedom and Employee SpeechJensen v. Brown, No. 23-2545 (9th Cir. 2024) The AAUP and the Nevada Faculty Alliance filed a joint amicus brief in the United States Court of Appeals for the Ninth Circuit in support of a math professor who faced retaliation from college administrators after he voiced concerns about the lowering of curriculum standards and worsening respect for shared governance. Discrimination and Sexual HarassmentWieland v. Board of Regents of the Nevada System of Higher Education, No. 23-15339 (9th Cir. 2023) On August 20, 2023, the AAUP and Nevada Faculty Alliance (NFA) filed a joint amicus brief in the United States Court of Appeals for the Ninth Circuit in support of Dr. Alice Wieland, a former assistant professor at the University of Nevada, Reno, who was denied tenure largely based on the tenure committee’s assessment of student evaluations of her teaching. Dr. Wieland filed a lawsuit against the university, alleging that her tenure denial violated Title VII of the Civil Rights Act of 1964’s prohibition on sex-based discrimination. The AAUP and NFA’s joint amicus brief argues that courts should take account of a large body of empirical evidence showing that gender bias often plays a role in student evaluations of teaching, and that, in certain circumstances, the use of student evaluations in connection with adverse employment actions such as tenure denial can constitute evidence supporting a claim of sex-based disparate treatment under Title VII. |