This story out of the law school at Indiana University at Indianapolis raises serious questions about what's going on at that school. William Bradford, a tenure-track faculty member, who has been extremely prolific, and was recognized by his own institution for scholarly excellence this past academic year, was up for re-appointment after three years on the tenure track. According to Professor Bradford, five of fifteen faculty voted against re-appointment (though, as I understand it, re-appointment went through). The only reason officially cited for the negative votes was lack of "collegiality."
Any school that is serious about academic freedom and the First Amendment rights of its faculty has to do better in a case like this, especially given that re-appointment for a highly prolific junior faculty member (and especially in law schools) is usually pro forma. "Lack of collegiality" is too often the smokescreen for academically irrelevant factors, like political differences or personal vendettas, in the tenure and appointments process. (That Professor Bradford himself may, as the linked article suggests, have deeply mistaken views about the academic freedom rights of other professors, is, of course, irrelevant to the point here.)
There are certainly no public allegations, at present, that would justify the vote. Of course, the law school at Indiana-Indianapolis has also not yet taken any action that terminates Professor Bradford's position and livelihood. (Contrast this case with a recent and similar case at Yale.) The reported vote is, however, highly suspect, and places an onus on the institution, in my view, to either improve the academic integrity of its process when the actual tenure decision comes, or to do far better than the "uncollegiality" smear directed at a junior faculty member that the school itself has recognized for scholarly excellence.
UPDATE (Dec. 7 2005): The denouement to this affair, which raises doubts about the merits of the original allegations by Professor Bradford.