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CU opposes former professor's reinstatement bid
The Associated Press
Issue date: 5/11/09 Section: News
DENVER (AP) - The University of Colorado says former professor Ward Churchill should not get his job back or receive any financial compensation after being fired by the school two years ago.
The school laid out its argument opposing Churchill's motion for reinstatement in a filing in Denver District Court made available Thursday.
CU attorney Patrick O'Rourke said a Denver jury's decision last month to award the former ethnic studies professor $1 was a clear indication it felt Churchill had suffered no damages.
"The jury determined that Professor Churchill's constitutional injury was nominal, and a nominal injury should not serve as a basis for reinstatement or any other equitable relief," O'Rourke wrote. "The Court should not contravene the jury's implied finding that Professor Churchill suffered no actual damages."
The jury concluded CU wrongly fired Churchill after he wrote an inflammatory essay about the people who died in the Sept. 11 attacks. The university argued Churchill was fired because of academic fraud.
Chief Denver District Judge Larry Naves will decide whether Churchill will get his job back or receive any monetary settlement. A date for a reinstatement hearing is expected to be announced next week.
O'Rourke said in court records that the jury's verdict did not absolve Churchill of academic fraud charges. And he said allowing Churchill back into a CU classroom would mean he could operate without fear of being held accountable for his actions.
"Reinstatement under these circumstances places the university in the no-win position of either facing another lawsuit or effectively immunizing Professor Churchill from complying with the standards of professional scholarship," O'Rourke wrote.
He also warned that reinstating Churchill at the Boulder campus would invite future litigation and ill will between both parties.
David Lane, Churchill's lead attorney, said Thursday that the university's response "was pathetic."
"I think it's pathetic that they believe they can break the law and fire someone based on that person being controversial and continue to reap the benefits of their unlawful conduct by not letting him come back," he said.
Churchill has 10 days to reply to CU's filing.
Information from: Daily Camera, http://www.dailycamera.com/
The school laid out its argument opposing Churchill's motion for reinstatement in a filing in Denver District Court made available Thursday.
CU attorney Patrick O'Rourke said a Denver jury's decision last month to award the former ethnic studies professor $1 was a clear indication it felt Churchill had suffered no damages.
"The jury determined that Professor Churchill's constitutional injury was nominal, and a nominal injury should not serve as a basis for reinstatement or any other equitable relief," O'Rourke wrote. "The Court should not contravene the jury's implied finding that Professor Churchill suffered no actual damages."
The jury concluded CU wrongly fired Churchill after he wrote an inflammatory essay about the people who died in the Sept. 11 attacks. The university argued Churchill was fired because of academic fraud.
Chief Denver District Judge Larry Naves will decide whether Churchill will get his job back or receive any monetary settlement. A date for a reinstatement hearing is expected to be announced next week.
O'Rourke said in court records that the jury's verdict did not absolve Churchill of academic fraud charges. And he said allowing Churchill back into a CU classroom would mean he could operate without fear of being held accountable for his actions.
"Reinstatement under these circumstances places the university in the no-win position of either facing another lawsuit or effectively immunizing Professor Churchill from complying with the standards of professional scholarship," O'Rourke wrote.
He also warned that reinstating Churchill at the Boulder campus would invite future litigation and ill will between both parties.
David Lane, Churchill's lead attorney, said Thursday that the university's response "was pathetic."
"I think it's pathetic that they believe they can break the law and fire someone based on that person being controversial and continue to reap the benefits of their unlawful conduct by not letting him come back," he said.
Churchill has 10 days to reply to CU's filing.
Information from: Daily Camera, http://www.dailycamera.com/
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