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Victory for Churchill or Reprieve?

Another stage in the University of Colorado’s long process of reviewing Ward Churchill is done — and his lawyer is claiming that it was a victory for the controversial professor.

The university, citing confidentiality rules, is not commenting on the review by a faculty panel of a series of misconduct allegations against Churchill, who teaches ethnic studies at the Boulder campus. Likewise, Churchill’s lawyer is not releasing a report that Churchill received from a faculty panel Monday — so characterizations of the report’s findings cannot be confirmed.

But David Lane, Churchill’s lawyer, told Colorado reporters that the report was a “victory for Professor Churchill” in that there were not conclusive findings of wrongdoing. Lane told the reporters that the panel could not determine whether seven allegations were valid and asked that another panel review them — and the panel decided that two other charges did not deserve further investigation.

The allegations that are going forward for additional review, Lane said, involve charges of plagiarism or misrepresentation of work. Churchill has repeatedly denied that he committed any scholarly misconduct and has accused Colorado officials of investigating his academic work to punish him for his political views — and especially for the furor over his statements about 9/11, in which he compared victims in the World Trade Center to “little Eichmanns.”

Lane told The Denver Post that one charge that is not being forwarded for additional review concerns allegations that Churchill has misrepresented himself as being an American Indian. Churchill has always said that he is a Native American, but as the controversy over the professor has grown in the last year, several newspaper reports — with backing from some Indian groups — have questioned his ethnicity. Lane told The Denver Post that he was pleased that the committee had rejected these charges.

The reason that the faculty committee could not reach conclusions on most of the charges against Churchill, Lane said, was that most committee members were scientists and did not feel able to judge the plagiarism issues. (At many universities, research misconduct panels are dominated by scientists because most of the cases they review involve science.)

While Churchill’s lawyer is declaring victory — and the committee’s findings assure that Churchill cannot be fired by Colorado at this time, and likely in the months ahead that the additional review will take place — it is far from clear that any victory will be a lasting one.

The charges on which most academic experts believed that Churchill was most vulnerable to a finding that could lead to a dismissal from his tenured post are those that remain under review. And many academic experts believe that those charges are strong.

Churchill has been a popular speaker on college campuses and an activist on Native American issues for years. And some scholars have, for years, questioned some of his research. But the investigations into him did not begin in full force until this year. His comments about 9/11, which had been posted online, were publicized widely before a speech he was scheduled to give at Hamilton College. The speech was called off due to threats of violence, but the furor over Churchill never subsided.

Many Colorado politicians demanded that the university fire Churchill, and the university appointed a special panel to explore whether his statements were grounds for dismissal. That panel found that his statements — however offensive to many people — were protected by the First Amendment. But that panel said that other charges (those considered by the panel that provided its report to Churchill Monday) did merit investigation and if true could be grounds for dismissal.

The apparently delay in reaching a conclusion on the misconduct allegations has not stopped Churchill’s critics from continuing to demand his resignation. An editorial in today’s Rocky Mountain News called the university’s review process “preposterously complex” and “ludicrously protracted.”

The editorial urged the university committee to review a series of articles published by the newspaper in June. “There investigators will discover chapter and verse on how Churchill gradually appropriated a 1972 environmental document as his own, how he invented facts surrounding the 1836 epidemic among the Mandan Indians, how he misrepresented the Dawes Act, and how he reproduced as his own parts of a 1992 essay by Professor Fay Cohen — just to mention four examples of academic misconduct.” Added the editorial: “By all means, let the academics double-check the research. It’s sound, and it points in but one direction. Churchill must go.”

Scott Jaschik

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Comments

Most committee members couldn’t judge plagiarism because they are scientists? Are you kidding? The implications for published scientific research aren’t particularly flattering.

Jane Arnold, at 8:51 am EDT on August 23, 2005

Reality distortion zone

I heard interviews of Colorado editors on this. They described Mr. Churchill and Mr. Lane as “the only two people in Colorado who believe what Ward Churchill says.” Good to see, they are continuing their consistancy.

As to Mental Ward’s ethnicity — across the U.S., the number of minority-gendered physically-challeged just increased 1000%. Why? Hey — if B.S. is good for Psycho Ward — why not everyone?

Looking forward to what Mr. Lane has to say, when the outside academic review committees are brought in, to review Ward-o’s work. My reasoned guess is, Ward-o doesn’t have the notes to back up his work.

What else can be said in a case, in which *both* major daily papers have called for the same result — dismissal?

Bye-bye, Ward-o. Have a nice, $68,000/year retirement, drinking coffee at McDonald’s.

A.D., at 9:29 am EDT on August 23, 2005

It would appear from the conclusions above that a number of comments on previous articles at IHE have slandered Churchill by accusing him of misrepresenting his ethnicity. Being outed for slander should make it a little difficult to go after Churchill for sloppy research....

thane doss, at 12:24 pm EDT on August 23, 2005

So bumbling your ethnicity won’t affect your research quality?

“.. comments on previous articles .. have slandered Churchill by accusing him of misrepresenting his ethnicity .. should make it a little difficult to go after Churchill for sloppy research....”

As an ethnic minority, let me be clear, about the accused:

he played the race card 100%, without ever having lived an ethnic childhood, with its alienation and other issues.

he has been the target of numerous accusations of ethnic misrepresentation by various American Indian groups for more than 10 years.

As in most judicial-like proceedings, the accused was NOT found clearly innocent (e.g., Baretta, O.J., Michael Jackson), with the state withdrawing its accusations.

Rather, there was insufficient evidence to prove the state’s case — not guilty of the state’s specific accusations. As to the court of public opinion — well, that’s another story, isn’t it?

If the accused were working in the private sector — he’d be on unemployment, right now, for deceiving his employer. Thankfully, the accused should be the last CU employee to use this kind of questionable charade.

So — if the accused has created so much furor about the accuracy of his past — why should anyone believe anything the accused has written, which could be a muddled and shady as his past?

Five of seven charges, going forward for further review and investigation, is 71%. Hardly a ringing “victory.”

A.D., at 1:10 pm EDT on August 23, 2005

I think by the statement that the scientists were not the best equipped to judge plagiarism is based on the idea that most plagiarism investigations have to do with science, and Churchill, as a history professor, is not in their area of expertise. They may choose to defer to a panel with more experience evaluating plagiarism in history or other social sciences.

Kevin, Undergraduate, at 1:57 pm EDT on August 23, 2005

Kudos to CU on dropping the ethnicity charge. While Churchill obviously cannot prove any Indian heritage, neither can CU conclusively prove that he consciously engaged in ethnic fraud. Dropping this charge now places the focus precisely where it belongs—on Churchill’s research misconduct.

Churchill’s claim that this development represents a “victory” is absurd, and characteristic of his upside-down view of reality. Had the committee dropped all of the charges, that would be a victory. Instead, they’ve accepted the most potent indictments and forwarded them for investigation by experts. Churchill cannot possibly hope to prevail on all of the remaining charges of plagiarism and fabrication. The evidence against him is overwhelming.

Churchill’s defense to date has been to play the race card. The CU committee deftly pulled that out from under him, leaving him to twist in the wind on the remaining charges.

Lynn, A “Victory"? Don’t make me laugh., at 2:36 pm EDT on August 23, 2005

“Churchill cannot possibly hope to prevail on all of the remaining charges of plagiarism and fabrication. The evidence against him is overwhelming.”

They said that about the other charges, too. Also, at least one person said the same thing about every criminal trial which resulted in an acquittal.

Perhaps everyone should reserve their judgment on these issues. When people prejudge these issues, the likelihood that they will influence the tribunal increases, and the legitimacy of its adjudication decreases.

Larry, at 4:36 pm EDT on August 23, 2005

Churchill is really being given the benefit of the doubt here. Numerous American Indian groups have been loudly proclaiming him to be a fake, long before the current scandal. AIM, for one.

Part of this investigation should be focused on the administration for “aiding and abetting” — this guy was given tenure without a terminal degree or strong research. Shame on them. They dont get to screw up like that, then be shocked — just shocked — that Churchill turns out to be a dud.

Dan, at 8:58 pm EDT on August 23, 2005

Yes, the evidence was overwhelming on the dropped charges as well. I’m inferring that CU dropped them not because they couldn’t prevail, but for the strategic reasons that I laid out above.

As for influencing the tribunal, recall that Churchill has been the one publicizing this process from Day One. He has no hope of winning on evidence, and so he’s trying to spin around the politics of the process.

Lynn, To Larry, at 9:07 pm EDT on August 23, 2005

so why should I take your words for it ?

Does anyone know if there is a website which provides a line by line comparison of the allegedly plagiarized works ?

I would expect that everyone who claims that he plagiarized has seen some comparison, because making such claims without a factual basis is, in my mind, on par with terrorism.

Because so much of the criticism seems to be politically-driven (one way or the other) it is difficult to take any of it too seriously without actually seeing the source materials, and protestations that it is “overwhelming” just doesn’t cut it when everyone seems out to get this guy (or make him a saint) because of his political views.

Larry, at 10:29 am EDT on August 24, 2005

Try Google, dude — really works

Start here —

http://www.rockymountainnews.com/...ticle/0,1299,DRMN_15_3826262,00.html

http://www.rockymountainnews.com/...ticle/0,1299,DRMN_15_4022952,00.html

Go here —

http://www.google.com/search?q=%2...a&rls=org.mozilla:en-US:official

Sheesh .. take me now, Lord ...

Bart S., The Anti-Larry, at 5:26 pm EDT on August 24, 2005

Ward’s alright with me

the bottom line for me here is that one day while riding in my car i heard a ward churchill speech on the radio, and this speech totally blew my mind. My first impressions of him were that he was astonisingly well read, and definitely well intentioned, by giving a voice to the voiceless. The fact that he might not be Indian, or the fact that he might borrow other peoples information and spread it around doesn’t matter a lick to me — as long as he’s out there talking about Indians and reminding people that they’re still alive and reminding people of their history in general. as far as i could tell from that speech, he’s on the side of Indians — maybe the reason why so many people come out against him is because they’d simply like to forget the Native American’s, and there he is, not allowing us to do that.

miguel felix, at 9:59 pm EDT on August 24, 2005

.. except his deceptions have undermined his authority

The accuracy — y’know, basic facts — of his scholarly work has been seriously questioned by American Indian groups, as well as American Indian and other scholars. Thus — anyone citing WC’s alleged scholarly work may have to correct their scholarly work, after the investigation.

The worst part is, there was no need for this questionable research. There is plenty of other, fact-based material. And using questionable materials gives the David Dukes of the world, plenty of free verbal ammo. At bottom, this is an academic mess.

Second, WC’s questionable use of affirmative action rules leads to disrepect for the AA system. That is, if declaring oneself a ethnic minority just because one believes she/he is — think about light-skinned African-Americans or Latinos — can gain one extra consideration for a job opening with dozens of more-qualified applicants, common sense will tell you that others will use WC’s gambit.

Result: undermining support for affirmative action (e.g., “why should I follow the rules if Ward-o bent them?) Plus, of course, someone who actually grew up American Indian (like my friends) had to struggle harder for their academic careers, thanks to faux-Indians like WC taking advantage of the system.

A.D., at 6:09 am EDT on August 25, 2005

AD, I think that you and Bart really need to provide specifics. Bart’s post did not include a single link to both 1) Churchill’s works and 2) the allegedly plagiarized works. Therefore, I don’t think he has actually read either of them. Likewise, while you claim that if his work is discredited other people’s work will be discredited, you have not show which veins of theory rely on his work. Therefore, unless either of you provide specifics, it is difficult to take you seriously.

A link to a general google search is not what counts for a specific reference.

Since everyone manipulates affirmative action (in my experience) for their own benefit, I don’t really think that this will change much long before he was designated the villain of the week.

Larry, at 7:42 am EDT on August 25, 2005

Your comments shows no understanding of the issues at hand

Larry, your comments show no indication that you know anything about this topic. You appear to not have read anything given to you. For instance, what position did the American Indian attorney Coulter take in this matter?

Your commentary does not cite anything specific, in terms of being for or against anything — more a knee-jerk reaction, than anything else. This is as opposed to others who cite specific facts. You have contributed nothing to this chat-board.

Bob A., at 1:21 pm EDT on August 25, 2005

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