美国大学教师解聘的“正当程序”——基于邱吉尔案的分析

Due Process of Faculty Dismissal in American Universities——Analysis on the Churchill Case

解聘是对大学教师最严厉的惩戒措施。在美国,为保护大学教师的正当权利,解聘大学教师要经过严格的正当程序。科罗拉多大学解聘终身教授邱吉尔,并未否定其所享有的公共言论的权利,而是将矛头对准其"学术不端行为"。科大校方启动的正式调查违背了中立、客观、胜任、保护隐私等程序正义的原则,在听证、申诉等重要环节上无视涉事教师的权利。科大在对邱吉尔的惩戒措施上,漠视学术共同体的意见。科大用有失正义的"正当程序"既侵害了邱吉尔个体的学术自由,也违反了美国大学共同治理的原则。

Dismissal is the severest disciplinary measure against faculty members. In American universities,the discipline for faculty misconduct should go through strict due process in order to protect the legitimate rights of faculty. The University of Colorado fired tenured professor Ward Churchill on the grounds of academic misconduct.The official investigation launched by the university governance violates the principles of procedural justice, such as neutrality, objectivity, competence and privacy protection, and ignores the faculty rights such as hearing and appeal.The university governance disregarded the views of the academic community in its disciplinary measures against Churchill. The University of Colorado did not only infringe Churchill’s individual academic freedom, but also violate the principle of shared governance of American universities with the unjust "due process".