Churchill may rewrite CU history

Should he face sanctions, he'd be the first to do so

Sara Burnett, Rocky Mountain News

Wednesday, May 10, 2006

University of Colorado professor Ward Churchill could become the first person to face sanctions for research misconduct since CU formed a committee to investigate such cases 17 years ago.

But that remains to be seen, even after the five-member faculty committee selected to investigate Churchill turned its findings over to CU's Standing Committee on Research Misconduct.

The standing committee, made up of 10 CU faculty members, one staff member and a graduate student, will spend the next week reviewing the findings. The report will not be made public until the committee votes to accept it. That is tentatively scheduled for May 16.

CU's standing committee has reviewed six cases, including Churchill's, since 1989, according to data obtained through an open- records request. Two others warranted a full investigation, the standing committee ruled.

But in no case has the committee ever found that misconduct occurred, and the group has never recommended action against a faculty member.

The five-member faculty investigation into Churchill took four months to review charges, which include plagiarism, fabrication of material and misuse of sources.

According to university policy, the committee should have settled on one of three findings: misconduct; no misconduct but "serious research error"; or no misconduct and no research error.

After the standing committee makes its determination, Churchill and his attorney will have time to respond to the findings. The standing committee will then issue a recommendation on what action - if any - should be taken.

Possible sanctions against him include a warning, a cut in pay, suspension or firing.

The committee also could find that the allegations were not warranted and that the university should take steps to repair Churchill's reputation.

The final decision on whether any action should be taken will be left to Interim Chancellor Phil DiStefano. It is not expected until next month at the earliest, CU spokesman Barrie Hartman said.

In the meantime, the investigative committee's findings are being kept under wraps.

Not even Churchill, CU President Hank Brown, DiStefano or the Board of Regents will get a copy until the standing committee has approved it, Hartman said.

CU is going to great pains to ensure the report is kept confidential because of the likelihood the case could wind up in court, Hartman said.

The university also hopes to avoid seeing the story splashed across newspapers and television in the days surrounding graduation, when thousands of parents will be in town. CU commencement is scheduled for Friday.

Churchill raised the ire of many in the public with an essay he wrote the day after the Sept. 11, 2001, terrorist attacks. In it, he compared some victims in the World Trade Center to Nazis and said Americans' deaths were a predictable outcome of flawed U.S. foreign policy.

The controversy prompted intense scrutiny of Churchill's other works and led to several allegations, including that the ethnic-studies professor misrepresented himself as an American Indian to gain credibility.

Churchill has denied the charges.

How others have fared

The University of Colorado's Standing Committee on Research Misconduct has reviewed six cases since forming in 1989. It has never recommended that action be taken against a faculty member.

CASE NO. 1*

• Allegation: False statements in an annual progress report filed with a federal funding agency.

• Opened: October 1989

• Closed: March 1999

• Finding: No basis to refer to investigative committee.

CASE NO. 2

• Allegation: Discrepancies from accepted research practices

• Opened: November 1990

• Closed: June 1992

• Finding: Referred to investigative committee, which concluded there was no evidence of misconduct.

CASE NO. 3

• Allegation: Plagiarism

• Opened: November 1991

• Closed: August 1992

• Finding: Inquiry committee recommended investigation, but standing committee did not pursue it.

CASE NO. 4

• Allegation: Plagiarism

• Opened: November 1991

• Closed: March 1993

• Finding: Referred to investigative committee, which concluded that behavior did not constitute misconduct.

CASE NO. 5

• Allegation: Financial improprieties, plagiarism, retaliation

• Opened: December 2002

• Closed: February 2003

• Finding: Inquiry committee did not refer to investigative committee.

CHURCHILL'S CASE

• Allegation: Plagiarism, historical fabrication, misuse of sources

• Opened: March 2005

• Finding: Referred to investigative committee, which turned its findings over to the standing committee on Tuesday. The findings have not been released.*The University Did Not Release The Names Of The People Investigated. Source: University Of Colorado