Former CU professor Ward Churchill addresses a crowd in the Glenn Miller Ballroom of the UMC March 5. (CU Independent file/Scott Franz)
A Denver judge last week reiterated that former CU professor Ward Churchill will not be allowed to return to the university.
Denver District Judge Larry Naves backed his previous court ruling on the Churchill case Friday. This ruling denied Churchill the chance to be reinstated or compensated by CU.
Ken McConnellogue, associate vice president for University Relations, said he supported the decision.
“We believe the judge made a good decision based on a sound argument,” McConnellogue said.
The case began in June 2006 when CU reported that Churchill had engaged in research misconduct, according to a report from the CU Investigative Committee. The Investigative Committee’s findings included falsification, fabrication and plagiarism.
The CU Board of Regents voted 8-1 to fire Churchill in July 2007. Churchill then filed a lawsuit claiming unlawful termination of employment.
He argued that he was fired due to his controversial political beliefs, according to a court record. He specifically referred to his controversial 2001 essay, “On the Justice of Roosting Chickens,” in which he compared World Trade Center workers to “little Eichmanns.”
On April 1, a Colorado jury ruled that Churchill had been wrongly fired. The jury awarded Churchill $1 in damages.
Naves then found that the defendants were entitled to quasi-judicial immunity, which allowed him to vacate the jury verdict, according to court record.
On July 7, Naves ruled CU does not owe Churchill any financial compensation.
David Lane, Churchill’s attorney, said he now plans to take the case to the Colorado Court of Appeals. If that is not successful he will appeal to the Colorado Supreme Court.
McConnellogue said it is likely that other courts will uphold Naves’ decision.
“We believe Judge Naves made the right decision,” McConnellogue said. “We hope any other courts will uphold this decision as well.”
CU attorney Patrick O’Rourke said he agreed with McConnellogue on the issue.
“We don’t know their exact arguments yet, but we expect that the Colorado Court of Appeals and any other courts will uphold Naves’ decision,” O’Rourke said.
Some CU students have said Churchill is just postponing the inevitable.
Allyson Myles, a 20-year-old junior film studies major, said she thinks it is time for Churchill to move on.
“He’s just doing it for publicity,” Myles said. “He wants to go out as big as he can.”
For the investigative findings, visit the CU Special Reports Web site.
For court records, visit the 9news Web site.
Contact CU Independent Staff Writer Lindsay Mullineaux at Lindsay.mullineaux@colorado.edu.
