Judge upholds Churchill's dismissal

No job, no money for Churchill

By Tom McGheeIn a 42-page decision issued today, Naves agreed with the university that Churchill's presence on the Boulder campus would suggest that the university tolerated academic misconduct.

"The evidence was credible that professor Churchill will not only be the most visible member of the department of ethnic studies if reinstated, but that reinstatement will create the perception in the broader academic community that the department of ethnic studies tolerates research misconduct," Naves wrote.

"In addition, this negative perception has great potential to hinder students graduating from the department of ethnic studies in their efforts to obtain placement in graduate programs," he wrote.

Naves also refused to order CU to provide front pay, saying there were no actual damages that the money would remedy. And he said that Churchill didn't seek to mitigate his losses by getting another job.

"Professor Churchill's own statements during the trial established that he has not seriously pursued any efforts to gain comparable employment but has, instead, chosen to give lectures and other presentations as a means of supplementing his income. Reportedly, he even 'received a few job offers' that he declined to pursue. Under these circumstances, I do not believe an award of front pay is appropriate," Naves wrote.Court Upholds Dismissal of Colorado ProfessorMr. Churchill’s lawyer, David Lane, said he would appeal the decision.

“To me, this is judicial activism in its worst form,” Mr. Lane said. “What is really a shame here is that a jury said Ward Churchill’s free speech was violated, and yet Judge Naves goes on for almost 50 pages, saying in so many words, ‘Too bad.’”Comment:  If I were Churchill, I'd be annoyed at this ruling. Naves's positions seem to consist mainly of unsubstantiated opinions, not hard facts.

But it feel like a fitting ending for Churchill's career at the University of Colorado. Anyone as arrogant as he is deserves to be taken down a peg.

But at least Churchill still has the court victory and the $1 the jury gave him. Since he said he wasn't in it for the money, that should be enough to satisfy him.

For more on the subject, see Indians Oppose Churchill's Rehiring and Cook-Lynn:  Don't Rehire Churchill.