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Professors and University Employees
At Zalkind Duncan & Bernstein LLP our extensive experience in employment law and university disciplinary matters uniquely positions us to represent professors, administrators, researchers, graduate students, and other university employees facing a wide range of employment-related issues. Whether you are navigating a complex tenure review, facing allegations of misconduct, or experiencing discrimination or retaliation in the academic workplace, our attorneys are equipped to protect your rights and career.
We Understand the Unique Legal Landscape of Higher Education
Colleges and universities are governed by a complex interplay of employment laws, educational regulations, and internal institutional policies. Employees in these settings—whether tenured faculty, non-tenure-track instructors, administrators, or staff—may be protected not only by employment discrimination laws but also by statutes governing education and civil rights, such as Title IX. Universities also enforce their own policies and procedures, often laid out in faculty handbooks or employment contracts, which can significantly impact how internal disputes or disciplinary matters are resolved.
Our firm has deep experience navigating these intersecting legal frameworks and regularly advises and represents university employees through:
- Internal grievance procedures
- Research misconduct investigations
- Title IX and discrimination investigations
- MCAD complaints
- State and federal court litigation
Discrimination and Harassment in Academic Employment
We represent university employees who have experienced discrimination, harassment, or retaliation based on race, gender, sexual orientation, religion, national origin, or other protected characteristics. Whether you are a faculty member being marginalized in your department, a graduate student facing harassment, or a staff member subjected to discriminatory treatment, we can help you assert your rights through internal university processes or formal legal channels.
We have successfully represented numerous university employees in discrimination and harassment matters. For example:
- We represented a tenured female professor in a case involving gender and pay discrimination. We prevailed at summary judgment and obtained a favorable settlement for our client.
- We represented a university staff member who had been subjected to sexual harassment. After litigating the case at the MCAD, we obtained a seven-figure settlement.
- In a case involving a Ph.D. student facing gender-based discrimination, we negotiated a substantial settlement shortly before trial.
Our attorneys are committed to ensuring that our clients are heard, respected, and compensated for the harm they have endured.
Defense of Professors Accused of Misconduct
We also represent professors and other academic employees who are accused of misconduct, including:
- Research misconduct
- Sexual harassment
- Protest-related infractions
- Inappropriate use of university resources
- Other violations of university conduct codes
These allegations can have serious implications—not only for a client’s employment, but also for their reputation, professional licensing, and even criminal exposure. We bring together our knowledge of university disciplinary procedures, employment law, and criminal defense to craft comprehensive strategies that protect our clients’ legal interests and professional futures.
We have successfully defended clients in university adjudications and criminal cases. In many cases, we have helped professors resolve allegations in ways that preserved their careers or minimized reputational damage.
Tenure and Academic Freedom
Our firm also advises faculty members during tenure review processes, especially where academic freedom, discrimination, or retaliation concerns are involved. Tenure decisions are often high-stakes, opaque, and politically charged. We provide strategic guidance and advocacy throughout the process to ensure that the review is conducted fairly and that your rights are protected.
In one case, we advised a professor whose tenure case was being undermined by discriminatory criticism implicating academic freedom concerns; with our support, the professor successfully obtained tenure. In other cases, we have helped clients obtain settlements where they were improperly denied tenure or terminated from their employment.
Employment Disputes and Negotiations
Our attorneys routinely assist university employees with:
- Contract review and negotiation
- Compensation and pay equity issues
- Severance agreements
- Navigating voluntary and involuntary separation from employment
We have helped faculty and staff across Massachusetts resolve employment disputes with their universities. Our goal is always to protect your rights, reputation, and career trajectory.
We can help
Whether you are facing a disciplinary proceeding, experiencing discrimination, navigating a difficult tenure case, or considering legal action against your university employer, our attorneys can help. Contact Zalkind Duncan & Bernstein LLP to schedule a confidential consultation with one of our experienced lawyers. We are committed to helping professors, graduate students, and university staff protect their rights and advance their careers.
