In a recent development in Florida, a new state law has sparked controversy and legal action. The law, which bans independent arbitration by a neutral third party, has been challenged in a federal lawsuit filed by Florida faculty unions. The lawsuit highlights the case of a tenured University of Florida professor who was allegedly fired while on medical leave due to „flawed evaluations.“ When the professor filed a grievance, it was denied, citing the new law that prohibits university employment dispute arbitration.
The law, pushed by Republican Governor Ron DeSantis and GOP legislative leadership, brings significant changes to tenure policies in Florida’s public universities. Tenured faculty members are now required to undergo a comprehensive post-tenure review every five years, despite tenure traditionally offering lifelong job protection. Additionally, the law grants final decision-making authority to the university president, limiting the faculty’s autonomy in employment matters.
The lawsuit filed by the United Faculty of Florida and its chapters at Florida State University and the University of Florida argues that the arbitration ban infringes on academic freedom and employment rights. By prohibiting independent arbitration by a neutral third party, the law undermines the faculty’s ability to seek fair and impartial resolution of disputes. The plaintiffs contend that the ban is a politicized attempt to suppress academic freedom and violates the Federal Arbitration Act, which safeguards the right to arbitration nationwide.
The legal action targets the governing boards of the State University System of Florida, as well as the boards of FSU and UF. While FSU and UF representatives have not responded to media inquiries, a spokesperson for the university system stated that the state board does not comment on pending litigation. This lawsuit is one of several challenges to the new tenure law, with two state-level lawsuits already filed in Leon County Circuit Civil court, one of which includes the United Faculty of Florida as a plaintiff.
The latest lawsuit, filed in the U.S. District Court for the Northern District of Florida, underscores the contentious nature of the new state law and its implications for faculty members in Florida’s public universities. As the legal battle unfolds, the outcome will have far-reaching consequences for academic freedom, tenure protections, and employment rights in the state’s higher education institutions. Stay tuned for updates on this developing story.