http://www.infoshop.org/inews/article.php?story=20070618230441991Ward Churchill Response to CU Pres. Hank Brown’s Recommendation to Dismiss
Monday, June 18 2007 @ 11:04 PM PDT
Contributed by: Anonymous
Views: 352
President Hank Brown has quite predictably recommended that the Regents of the University of Colorado (CU) fire me – not, he claims, because of my constitutionally protected statements about 9/11 but because of my scholarship. However, as hundreds of academics around the country have pointed out, CU’s “investigation” has all along been merely a pretext, transparently catering to the political and financial interests which dictate “educational” policy at CU.
Key Facts
1. The evidence has established that the University had received no formal or written complaints about
my scholarship when it initiated this “investigation.” All of the allegations investigated were either
solicited or brought directly by University administrators.
2. Brown relies on the Investigative Committee’s Report of May 9, 2006, the product of a deeply flawed
process conducted by a biased panel which included no American Indians or experts in American Indian
Studies. Ironically, the Report itself contains falsifications and fabrications of evidence of exactly the sort
it claims I engaged in. A number of these are highlighted in formal complaints filed against its authors
by both CU and other professors. The Report simply does not stand up to serious scholarly scrutiny.
3. Even the Investigative Committee did not agree that their conclusions warranted revocation of tenure
and dismissal. Only one of the five members of the Investigative Committee actually recommended
dismissal. Further, a majority of the Privilege & Tenure (P&T) Appeal Panel recommended only a 1-
year suspension and demotion. Yet, Brown disregards the results of CU’s own process to advocate the
most severe sanction available.
The P&T Appeal Panel’s Conclusions (April 11, 2007):
The P&T Appeal Panel rejected the Investigative Committee’s conclusions that I “fabricated” evidence
concerning the General Allotment Act, the Indian Arts & Crafts Act, John Smith’s role in spreading
smallpox, and the Army’s intention spreading of smallpox to the Mandan in 1837.
The Panel acknowledged that:
1. The standards allegedly applied to my work were never clarified, before or during the investigation.
2. It could point to no evidence that ghostwriting is explicitly prohibited by any standards in any
discipline.
3. The Investigative Committee charged with conducting a “fact-finding, nonadversarial” investigation
was chaired by law professor Mimi Wesson, who - in February 2005 - had compared me to “charismatic
male celebrity wrongdoers” like O.J. Simpson, Michael Jackson and Bill Clinton, and had already come
up with the faulty “traffic stop” analogy the Committee used to justify its conclusions.
The Charges are Evaporating:
According to the Appeal Panel, the only remaining grounds for sanction are:
1. Not providing sufficient evidence that smallpox blankets were taken from an infirmary in 1837, that an
Army doctor or post surgeon told the Mandans to scatter; and that 400,000 rather than 300,000 people
may have been killed;
2. Citing to material I have consistently acknowledged to have ghostwritten; and
3. Publishing an article in Z Magazine from which the editors deleted my insertion of “Dam the Dams” as
a co-author; and copyediting an article (in a book edited by a third party) which, unbeknownst to me, may
have plagiarized another author.
Even if these charges were true – which they are not – to pretend that they constitute grounds for
revocation of tenure and dismissal is ludicrous. No scholar’s work could withstand such fine-tooth
combing, and other professors certainly have not been held to similar “standards” by CU.
The Bottom Line:
Long before this investigation, all of my work was reviewed in the tenure and promotion processes of the
University. I had published more than 4,000 pages (including over 12,000 footnotes) of scholarly work,
and received the University’s top awards and recognitions for teaching, service and scholarship
Everyone agrees that this “investigation” would not have occurred but for my First Amendment-protected
speech. To use minor factual disagreements, citation of ghostwritten material, and editors’ errors as the
pretext for firing me simply illustrates that the administrators of the University of Colorado take political
and financial pressures far more seriously than academic freedom or the Constitution’s guarantees of
freedom of speech, equal protection and due process.
None of this is a surprise, of course. University administrators have been faithfully working to comply
with then-Governor Bill Owens’ February 2005 demand that I be fired. President Brown, his new VP
Michael Poliakoff, and Regent Tom Lucero, like Bill Owens, are key players in Lynne Cheney’s
American Council of Trustees and Alumni (ACTA). ACTA and similar neoconservative groups have
received generous funding Castle Rock (Coors), Scaife, Bradley and Olin foundations to eliminate Ethnic,
Gender and Peace Studies Programs and to purge higher education of those who think critically, challenge
historical orthodoxy, or otherwise threaten the status quo.
We’ll see if the Regents will allow political and financial pressure to trump academic freedom.
Ward Churchill
Professor of Ethnic Studies
University of Colorado at Boulder
May 28, 2007