The University of Colorado can go ahead with dismissal proceedings against professor Ward Churchill and doesn't have to pay his legal fees as he fights termination, a Denver judge ruled Wednesday. Churchill's attorney David Lane wanted Denver District Judge Stephen Phillips to stop the dismissal process until the court decides whether CU had to pay Churchill up to $20,000 in legal costs. Lane claimed the rules of the CU faculty committee hearing Churchill's appeal say the university "shall contribute" up to $20,000 for attorney's fees when a faculty member is recommended for termination.
But Patrick O'Rourke, CU's attorney, said the university regents never adopted that policy.
| “The ethnic-studies professor sparked controversy through his essay that compared some victims of the Sept. 11, 2001, terrorist attacks to a Nazi leader. ” |
Lane said it is critical that Churchill have legal representation before CU's privilege and tenure committee as he fights for his job and reputation. Lane said the committee has scheduled five days of closed hearings on Churchill beginning Monday.
| He's fighting for his job. The fight for his reputation ended a while back. |
The judge said Churchill can seek reimbursement later for legal fees and lost wages. "They (CU) may well owe (Churchill) the money," Phillips said. "I'm not saying the claim is not valid."
In June, Phil DiStefano, who was then CU-Boulder's interim chancellor, recommended that the university fire Churchill, who was found by a faculty committee to have plagiarized and fabricated his research.
Lane said that after the tenure committee hearing, he will file a lawsuit, probably in federal district court, against CU, alleging violation of free-speech rights.
| Wonder if Lane will include a discrimination charge, seeing as Churchy is a Native American and all ... |
Meanwhile, CU regents discussed a proposal Wednesday to tighten the time limit for tenured professors who are appealing their termination. Lawmakers have complained throughout the Churchill case that the firing of tenured professors takes too long. After administrators recommend a professor be fired, the appeal to a faculty committee has in some cases dragged on for more than a year.
The new rules, which regents could vote on in December, would set a six-month time limit for the appeal process.