Judge Refuses to Order University to Give Ward Churchill His Job Back

The University of Colorado at Boulder is not required to reinstate Ward Churchill to his faculty post, a state judge ruled today, even though a jury found in April that the controversial ethnic-studies professor had been fired unjustly, in violation of his free-speech rights.

After a bitter four-week trial, the jury found for Mr. Churchill, rejecting allegations that he had committed research misconduct, but it awarded him damages of only $1. The professor subsequently asked the presiding judge in the case to order the university to restore him as a tenured professor. The university replied that Mr. Churchill was not welcome back.

According to The Denver Post, the judge, Larry J. Naves of the Denver District Court, ruled today that “reinstating Professor Churchill would entangle the judiciary excessively in matters that are more appropriate for academic professionals.”

In a 42-page decision, Judge Naves said that the courts may refuse to reinstate a fired worker, even if the worker prevails in a lawsuit, if “the employer-employee relationship has been irreparably damaged by animosity caused by the lawsuit.” Based on the depth of the dispute, Judge Naves said, “a productive and amicable working relationship would be impossible.”

Watch for a more-detailed report on today’s ruling in tomorrow’s Daily Report from The Chronicle. —Andrew Mytelka