Lawsuit Challenges Constitutionality of Florida’s Revised Tenure Law
Three Professors File Lawsuit
Three professors from New College of Florida, the University of Florida, and the University of South Florida have filed a lawsuit challenging the constitutionality of a 2023 law that revised tenure in Florida’s university system. The professors, who are tenured faculty members, argue that the Legislature overstepped its authority in approving changes to the tenure process.
Changes to Tenure Process
The 2023 law requires tenured faculty members to undergo a comprehensive post-tenure review every five years, which includes evaluating their productivity, performance, and research and teaching duties. Additionally, the law gives university presidents final say on tenure decisions, preventing disputes from going to arbitration.
Lawsuit Alleges Unconstitutional Changes
The lawsuit contends that the changes remove protections for tenured professors and replace them with a five-year contract renewable at the discretion of the university president. This, the professors argue, affects their career opportunities and ability to obtain government grants, and imperils academic freedoms. The lawsuit also claims that the changes effectively abolish traditional tenure, as professors can no longer represent themselves as fully tenured.
Background on Tenure Changes
The tenure changes were part of a broader higher-education law (SB 266) aimed at revamping the higher-education system and curbing public-employee unions. The law was passed by Republican lawmakers and Governor Ron DeSantis.
Key Players in the Lawsuit
The plaintiffs in the lawsuit are:
- Sarah Hernandez, a tenured professor at New College of Florida
- Steven Willis, a tenured professor at the University of Florida College of Law
- Adriana Novoa, a tenured professor at the University of South Florida
The defendants are:
- House Speaker Paul Renner, R-Palm Coast
- Senate President Kathlleen Passidomo, R-Naples
- The university system Board of Governors
Case Details
The case has been assigned to Circuit Judge Angela Dempsey. The allegations in the lawsuit hinge on a 2002 constitutional amendment that created the Board of Governors to oversee the university system. The attorneys for the professors argue that they are challenging the Legislature’s authority to prescribe standards for tenure and administrative review, which they claim is within the exclusive jurisdiction of the Board of Governors under the constitutional amendment.
Conclusion
The lawsuit aims to overturn the 2023 law and restore the traditional tenure process, which the professors believe is essential for academic freedom and career stability. The outcome of the case will have significant implications for the future of tenure in Florida’s university system.
Frequently Asked Questions
Q: What is the 2023 law that is being challenged in the lawsuit?
A: The law revised the tenure process in Florida’s university system, requiring tenured faculty members to undergo a comprehensive post-tenure review every five years and giving university presidents final say on tenure decisions.
Q: Who are the plaintiffs in the lawsuit?
A: Three tenured professors from New College of Florida, the University of Florida, and the University of South Florida.
Q: What is the main argument of the lawsuit?
A: The professors argue that the Legislature overstepped its authority in approving the tenure changes, which they claim are unconstitutional and harm academic freedom and career stability.
Q: What is the next step in the lawsuit?
A: The case has been assigned to Circuit Judge Angela Dempsey, and the court will hear arguments from both sides.
