CU bid to fire Churchill hits snag over money

Professor's fate may not be decided until well into next year

Sara Burnett, Rocky Mountain News

Published October 18, 2006 at midnight

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The University of Colorado's efforts to fire Ward Churchill are on hold because of a dispute over whether the university has to come up with $20,000 in state funds for the professor's defense.

Churchill's attorney, David Lane, said a lawsuit to get the money could be filed by next week.

Meantime, there's been no progress on Churchill's appeal since August, and it could be well into 2007 before a final decision on his fate is made.

CU spokeswoman Michele McKinney said the delay is outside of the administration's control.

Churchill's appeal is being heard by a faculty committee that operates independently from the administration.

"The president did forward Professor Churchill's request for a review in early July," McKinney said. "We've been ready to move forward since that time."

Weldon Lodwick, CU professor of math and chairman of the faculty's Privilege and Tenure Committee, said he named a five-member panel on Aug. 10 to hear Churchill's appeal.

The process is supposed to take about 90 days. But Lodwick agreed to put the proceedings on hold until Nov. 6 so Churchill and Lane could resolve their disagreement with the university over the defense funds.

Lane says CU must provide up to $20,000 for Churchill's defense because a Faculty Senate policy published on a CU Web site stated that the money would be available to any professor going through a dismissal for cause hearing.

CU officials have said the faculty asked the Board of Regents in December 2002 to sign off on that policy, but that the regents never did.

The money has not been made available to anyone else, and won't be approved for Churchill, they said.

"That's fine," Lane responded, "but they can't seek to fire Ward Churchill if they're not going to follow their own procedures."

Churchill, who is not teaching this semester, will continue to receive a paycheck throughout the proceedings, CU spokesman Barrie Hartman said.

Churchill became the target of a university investigation in early 2005, after an essay he wrote about the 9/11 attacks was widely publicized.

In it, the ethnic studies professor said the attacks were the inevitable result of a U.S. foreign policy that caused the death of thousands of Iraqis. He also referred to some victims in the World Trade Center as "little Eichmanns," a reference to Nazi Adolf Eichmann.

Amid intense public criticism, CU administrators said Churchill had the right to make those comments. But they also said the furor turned up several allegations of research misconduct that the university was obligated to investigate.

In May, an investigative committee said it found a pattern of serious misconduct in Churchill's books and essays, including plagiarism and fabrication of material. Two of the panel's five members recommended he be fired.

Interim Chancellor Phil DiStefano agreed a month later, forwarding a recommendation that Churchill be fired to President Hank Brown.

Churchill appealed the decision in July, and Brown sent his appeal to the Privilege and Tenure Committee.

At issue

Whether the University of Colorado must provide $20,000 for Ward Churchill's defense. Churchill's attorney says he'll sue to get it. CU officials say the university isn't obligated to pay.

What's next

• This week or next: Churchill's attorney plans to file a lawsuit to get the $20,000.

• Nov. 6: The chairman of the faculty's Privilege and Tenure Committee will set a date for a dismissal for cause hearing, with or without Churchill. The hearing is expected to take five days.

• Within 60 working days: The five-member panel will hear the case, then issue a report, including its findings of fact and a recommendation on whether Churchill should be fired.

• Within 10 days: Churchill will have the opportunity to respond. The report and response then will be forwarded to CU President Hank Brown.

• If Brown and the panel agree Churchill should not be fired: The case is closed.

• If the president believes Churchill should be fired but the panel does not agree: The president may return the case to the panel for reconsideration.

• If the president and panel agree Churchill should be fired: The case will be forwarded to the Board of Regents.

• If the regents get the case: Board Chairwoman Pat Hayes must notify Churchill of Brown's recommendation. Churchill will then get 20 days to respond in writing to the regents. He may also request a hearing before the board, all in closed session.

The board will then take a public vote on whether Churchill should be fired.Source: University Of Colorado, Rocky Mountain News Research

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