In July 2021, Hwaum Law Office provided legal advice to Graduate School A regarding whether its faculty reappointment evaluation criteria could be revised and applied retroactively in order to address legal deficiencies identified in a faculty appeal review.
Whether revised evaluation criteria may be applied to existing faculty members on a retroactive basis depends on the circumstances of each case. If applying the revised criteria would excessively infringe upon a faculty member’s reasonable expectations and ability to foresee the applicable requirements, retroactive application may not be permitted. Conversely, even where revised criteria are applied retroactively to the reappointment review of an existing faculty member, such application may be permissible if it falls within the scope of what the faculty member could reasonably have anticipated.
Accordingly, whether reappointment criteria may be revised and applied retroactively must be determined on a case-by-case basis, taking into account the specific circumstances of the individual matter and the applicable evaluation regulations as a whole.
Hwaum Law Office carefully reviewed Graduate School A’s reappointment evaluation criteria and its specific circumstances, and assessed whether the revised criteria could lawfully be applied retroactively to existing faculty members. By providing tailored legal advice based on this analysis, Hwaum assisted the institution in making an informed decision regarding the revision and application of its reappointment criteria.
Author: Attorney Hee-jae Choi