This same data is used in determining their salary increases, tenure decisions, and promotion decisions. Professors have the right to sue for defamation if they can prove the university damaged their reputation or good name with false information. A university is responsible for making sure the data they make public is not defamatory or libelous. A university may have to prove that the evaluation of a professor by SET data is true in order to win in the courtroom. Defamation refers to any communication that causes someone to be shamed, ridiculed, held in contempt, or lowered in the estimation of the community, or to lose employment status or earnings or otherwise suffer a damaged reputation.
Defamation is governed by state law, but is limited by the first amendment.
Universities may risk legal action when they defame a faculty member by releasing SET results. Administrators may prefer SET results because they do not have to personally take a position with respect to the effectiveness of a teacher, or to spend the time to evaluate the professor by more reliable performance measurements. Measure the students beforehand, measure the students afterward, and the difference is value created. The more value created, the better the teacher. Most SET surveys merely ask the students if they are happy with their instructor.