Ward Churchill Suit Seeking Legal Fees Fails
**scroll for update--CU does not have to pay Churchill's legal fees!
Bringing a suit while not teaching but still collecting a salary, Ward Churchill is demanding money for his legal fees to be paid by the university on a faculty plan never approved by CU Regents:
Controversial University of Colorado professor Ward Churchill is taking his beef with CU administrators to Denver District Court this afternoon.Nothing but a stalling tactic designed to delay the (hopefully) inevitable. Churchill doesn't garner much sympathy outside of the moonbat/academic scene, but more delays will only put his heated rhetoric and sloppy/dishonest "scholarly" work that much further in the back of people's minds.
Churchill wants a judge to order CU to pay $20,000 of his legal fees and halt his dismissal proceedings until the payment matter is resolved.
The controversial ethnic studies professor is not teaching this semester, but is on paid leave while he appeals the CU administrators’ decision to fire him.
In seeking the money, Churchill’s attorney, David Lane, is relying on a Faculty Senate policy published on a CU Web site that provides the university "shall contribute" up to $20,000 in attorney’s fees when a professor is going through termination proceedings.
Although the faculty asked the Board of Regents to sign off on that policy in December 2002, CU officials contend, the regents never accepted it.
If an injunction is not granted, Churchill’s appeal process resumes Monday with the committee setting a date for a dismissal for cause hearing that must take place within 60 working days.
Judge dismisses suit, firing for cause process can proceed:
The University of Colorado can proceed with dismissal proceedings against Professor Ward Churchill and doesn't have to pay his legal fees as he fights dismissal, a Denver judge ruled today.Let's get on with business!
Churchill's lawyer, David Lane, wanted Denver District Judge Stephen Phillips to stop the proceedings until the court decided whether CU had to pay Churchill up to $20,000.
But Patrick O'Rourke, CU's lawyer, said that the university is only required to pay attorneys fees in the narrowest of circumstances, and this was not one of them.
Phillips said he agreed with the university and that if Churchill prevails, he can later seek reimbursement for legal fees and lost wages.