Churchill likely to be at CU for years (with excellent flow chart of possible action)

Denver Post ^ | March 15th, 2005 | Dave Curtin

[ajolympian2004]

Any proceedings begun against the fiery professor would be protracted

By Dave Curtin Denver Post Staff Writer

With negotiations for a university-funded early retirement buyout of Ward Churchill's contract all but dead and prospects for a privately funded settlement dim, it appears increasingly likely that the incendiary professor will be on campus for the foreseeable future.

Short of early retirement, any other options will trigger protracted proceedings that could easily take the 57-year-old professor into his retirement years at age 62.

"Ward Churchill likes his job. He's not going anywhere," Churchill's attorney, David Lane, said Monday.

CU on Monday confirmed that a review of Churchill's scholarship will not be completed before March 28.

After that review, interim CU-Boulder chancellor Phil DiStefano will have three options: do nothing, issue an intent to dismiss Churchill for cause, or forward the matter to a faculty research misconduct committee.

In any case, Churchill would continue to draw his $94,000 annual salary.

And the last two scenarios could result in months of review and appeal, according to university bylaws governing faculty who have tenure - which Churchill received in 1991.

"The goal of due process is not speed but fairness," CU Regent Michael Carrigan said.

"There is a lot riding on this. There is quality control on one hand and someone's career on the line on the other hand," said Lloyd Burton, chairman of a CU-Denver tenure committee for the Graduate School of Public Affairs.

"The faculty takes its role of self-policing the profession very seriously, but I also think given the gravity of the situation, it won't be on anyone's back burner."

And if the university dismisses Churchill after all that, Lane has promised to take the matter to the U.S. Supreme Court if necessary, which has held that tenure is a "property right" and cannot be taken without due process.

The review of Churchill's work conducted by DiStefano, arts and sciences dean Todd Gleeson and law school dean David Getches began Feb. 3, after the university and public became aware of a 3-year-old Churchill essay in which he compares some victims of the Sept. 11 attacks to a Nazi. The expected 30-day review has now been pushed back three times.

So far, the committee has not asked the professor to explain his side of any of the complaints it might be reviewing.

"If they are investigating Ward Churchill, you would think they would want to talk to Ward Churchill. Apparently they are not troubling themselves with that," Lane said. "I can only presume this is being put together by people only interested in posturing CU in the best position possible for future litigation."

Meanwhile, the possibility of a privately funded buyout of Churchill's contract dimmed Monday.

"Given the current situation, I don't envision or see a way the foundation would be approached about a financial settlement," said CU Foundation president Michael Byram. "It's an internal university matter that's not appropriate for the foundation to be involved in."

Any individual could approach Churchill and persuade him to leave for a cash payment - with or without university involvement. Failing that unlikely scenario, if DiStefano decides to initiate dismissal proceedings, Churchill will request a hearing before the Faculty Senate Committee of Privilege and Tenure, Lane said. That committee is composed of representatives from all colleges and campuses.

If Churchill chooses to have a formal hearing, CU must immediately contribute up to $20,000 to provide Churchill with an attorney, according to CU documents. Lane said he is ready for that process if it comes to that.

"If it goes all the way to a tenure-review committee, the regents - the politicians - will be taken out of the loop," Lane said. "It will be reviewed by professors, who are more inclined not to be swayed by politics, who believe in academic freedom, tenure and the First Amendment."

DiStefano also could decide there is insufficient cause for dismissal and decide on a lesser sanction such as referral to a faculty Standing Committee on Research Misconduct - another months-long process, which could end in nothing or send the matter to the Privilege and Tenure Committee for dismissal proceedings.

Staff writer Dave Curtin can be reached at dcurtin@denverpost.com.

[pfony1]

Now that everyone knows that Churchill is a fraud, couldn't CU just stop awarding scholastic credit-hours for whatever "classes" he "teaches"?

Of course, Professer Churchill would still be "free" to speak any nonsense he wants to, but I doubt that the entertainment value of his "classes" -- unsupported by "credit-hours" -- would attract many CU students.

Even "angry" flower-children ("weed-children"?) have to graduate someday...

[squirt-gun]

re #11

My view is that a University education in the non-science areas has been dumbed down considerably in most institutions, Ivies included.

The focus is in large measure on projecting Socialism, anti-Western positions, global versus American values, and of course an anti-military stance on ROTC. God, Country, and School have been exchanged for a meaningless piece of sheep skin for entrance into an uncertain world.

There are things parents can do but the most important seems to be to know the realities of the particular school enviornment......College and University names, such as Harvard, do not mean that an education is forthcoming as grad students may do the teaching while the professors are off on book tours.

BTW, I was born in PGH and lived for 18 years in Forest Hills...

Have a great day.

[expatpat]

They should close down the useless Department he is in. Then see what Department is willing to take a fraudulent Indian
plagiarist with no PhD and no real expertise.

[expatpat]

Yeah -- whoever hired him, for one.

[mc6809e]

The legislature of CO should step in and simply declare there will be no funding for the University if Churchill stays.

[stands2reason]

Welcome to FR.

[ken21]

i doubt very much that a state university would fire him.

they're tired of the publicity, and the publicity from a firing would go on for years across the united states.

it would energize the left.

[Gritty]

Great explanation!

[lawdude]

You know, there are times when a good mob beating is the proper course of action.

[Digger]

let's take the issue of tenure to the Supreme Court after GW's changed the composition of that institution

Sorry but this is not going to happen. Guaranteed.

[ken21]

ping.