CU president calls for Churchill's firing

Brown: Prof's work 'seriously impacts' school

Jeff Kass And Lynn Bartels, Rocky Mountain News

Tuesday, May 29, 2007

Citing "the good of the university," CU President Hank Brown has recommended that embattled University of Colorado professor Ward Churchill be fired, although it remains an interim step in Churchill's review.

Brown argued that Churchill's work, which focuses on American Indians, showed "severe" and "deliberate" research misconduct that "seriously impacts the university's academic reputation."

Churchill has been criticized for comparing some Sept. 11 victims to a Nazi leader, but Brown said the professor was not being singled out for his comments.

"The university cannot disregard allegations of serious research misconduct simply because the allegations were made against a professor whose comments have attracted a high degree of public attention," Brown wrote in a letter dated Friday.

On Sunday, Churchill attorney David Lane released a three-page letter criticizing the university for trying to "pick and choose which rules it operates under."

In an interview, Lane said he wasn't surprised to learn that Brown recommended the firing.

"Everything was pointing in that direction," he said.

Brown addressed his letter to Patricia "Pat" Hayes, the chairwoman of the Board of Regents, but following protocol in the review process, sent it to Phil Langer, chair of a panel of the Faculty Council's Privilege and Tenure Committee.

Early this month a five-member panel of the committee issued its own report, with three members recommending that Churchill be suspended for one year and demoted to associate professor, according to various reports. The other two recommended firing Churchill.

Brown's 10-page letter mostly summarizes the panel's work and that of other university investigations into Churchill that Brown relied on to make his decision.

Brown, for example, notes the panel examined whether Churchill "misrepresented a federal statute known as the General Allotment Act of 1887" regarding Indian bloodlines and agreed that "Churchill falsified data."

Brown notes that "academic deceit" occurred and "I am bound to conclude it fell below the minimum standards of professional integrity."

Churchill, a tenured professor of ethnic studies who could not be reached for comment, told The Associated Press on Monday that if the regents follow through with Brown's recommendation and dismiss him, he will sue in state or federal court.

"Any discipline is wrong," Lane said. "That's where we're coming from."

Langer, an education professor, declined to comment Monday, saying, "This is a closed, confidential matter."

Regents who were reached Monday also declined to discuss the report or their thoughts on Churchill, noting they would have to make the final say on any decision to fire the professor.

"I've not publicly spoken about Ward Churchill, and I'm going to maintain that position," said Regent Tom Lucero, R-Johnstown.

"The lawyers would have a field day with me," said Regent Stephen Ludwig, D-Aurora.

Regent Michael Carrigan, D- Denver, would say only what he has said all along, "Ward Churchill is entitled to due process."

Investigation timeline

• March 24, 2005: CU Chancellor Phil DiStefano says Churchill's comments about 9/11 were protected by the First Amendment, but he determines that allegations of fraud and plagiarism against Churchill warrant further inquiry by CU's Standing Committee on Research Misconduct.

• Sept. 9, 2005: The standing committee announces it is sending seven of the nine charges of possible research misconduct to an ad hoc investigative committee for further review.

• May 16, 2006: CU releases the investigative committee's report, which concludes Churchill committed deliberate and serious misconduct, including plagiarism and fabrication of material. One committee member recommends he be fired; the others suggest he be suspended without pay for two or five years. Churchill calls the report "a travesty."

• July 2006: DiStefano recommends Churchill be fired, and Churchill appeals to the Faculty Senate Committee on Privilege and Tenure.

• May 25, 2007: CU President Hank Brown writes a letter recommending Churchill be fired.

What's next for CU professor

The Privilege and Tenure Committee has 15 business days to respond to CU President Hank Brown's recommendation that Churchill be fired.

If Brown wants to do anything aside from fire Churchill, he can do so without any further consultation and the decision is final. There is no timeline for such a decision.

If Brown still wants to fire Churchill, he must go to the Board of Regents. The chairman of the board will notify Churchill, who has 20 days to respond.

If Churchill wants the board to conduct a hearing, they will do so in private, or "executive session," because it is considered a personnel matter.

But the board will vote in public on whether to fire Churchill. The regents' decision is final, although Churchill says he will sue if he is dismissed.Source: University Of Colorado And University Spokeswoman Michele Mckinney.