July 27, 2006 65LCR5
Authored by: Anthony Morfa Graduate School Sen.
David McAdams Graduate School Sen.
Sponsored by: Andrew Aitchison Tri-Executive
A Resolution
Resolution History
On March 29, 2005 allegations of research misconduct were made against Professor Ward Churchill. Subsequently, the Investigative Committee of the Standing Committee on Research Misconduct performed an investigation, and this committee concluded that research misconduct had indeed taken place. This conclusion was the basis of a recommendation made by the Standing Committee on Research Misconduct. The recommendation was not unanimous; six members recommended dismissal and three recommended suspension. With this recommendation, Interim Chancellor DiStefano issued Professor Ward Churchill a notice of intent of dismissal. Passages from both documents are included below in Appendix A.
Resolution Summary
WHEREAS, the students of the University of Colorado (CU) are required to follow the (student developed and implemented) CU Honor Code, act with integrity and expect the same from our faculty, and
WHEREAS, research misconduct, plagiarism or unethical practices in general only serve to damage the reputation of CU, and
WHEREAS, UCSU recognizes that research misconduct is rare, and
WHEREAS, tenure is integral in attracting and maintaining a strong and active faculty, and
WHEREAS, academic freedom and first amendment rights should be guaranteed to both students and faculty, and
WHEREAS, the process of investigating these allegations and formulating recommendations has been exhaustive.
THEREFORE, BE IT resolved by the 65th sessions of the Legislative Council of the University of Colorado Student Union, THAT:
Section 1, UCSU supports the findings of both committees and the decision of Interim Chancellor DiStefano to dismiss Professor Churchill.
Section 2, UCSU does not support any changes to the tenure process, based solely upon this event.
Section 3, UCSU does not support any change to CU's faculty academic freedoms or first amendment rights based solely upon this event.
Section 4, UCSU wishes to thank all members of both committees and Interim Chancellor DiStefano.
Appendix A
The committee's investigation of the seven allegations before us has unanimously found, by a preponderance of the evidence, that Professor Churchill committed several forms of academic misconduct and defined by the policy statements of the University of Colorado at Boulder and the University of Colorado system. (Investigative Committee of the Standing Committee on Research Misconduct Report, p.94)
The production of shoddy work and irresponsible work also harms other individuals associated with Professor Churchill, including those who work in the Department of Ethnic Studies and elsewhere at the University of Colorado. (Investigative Committee of the Standing Committee on Research Misconduct Report, p.97)
Some of these allegations that we have discussed in this report could plausibly have been characterized as not serious had they been founded on one instance, a singular departure from an otherwise clean record of scholarship. But this is sadly not the case. Taking all of these considerations into account, we agree unanimously that the misconduct we have found during our investigation and described in this report is serious. (Investigative Committee of the Standing Committee on Research Misconduct Report, p.99)
The SCRM acknowledges that any scholar can make an occasional mistake, particularly when producing the volume of writing that Professor Churchill claims; indeed, most definitions of research misconduct (including UCB's) specifically exclude honest error. (Standing Committee on Research Misconduct Report, p.8)
The pattern and the nature of the violations suggest that Professor Churchill's behavior was motivated not simply by a lack of awareness of academic standards, but in willful disregard of those standards. (Standing Committee on Research Misconduct Report, p.11)
The resulting findings and recommendations for sanctions were based solely on a review of the facts as determined by a panel of Professor Churchill's peers. (Standing Committee on Research Misconduct Report, p.15)
Six of the voting members of the committee recommend dismissal, two recommend suspension without pay for a five-year term, and one recommended suspension without pay for a two year term. (Investigative Committee of the Standing Committee on Research Misconduct Report, p.16)
(D) Academic freedom does not give either faculty or students the right to disregard the standards of conduct outlined in part B of article 7 of these Laws. (Article 5; Part D; Section 1, Laws of the Regents)
DEFINITION OF MISCONDUCT:
Under this policy "research misconduct" shall include but shall not be limited to:
(1) Fabrication, falsification, plagiarism and other forms of misappropriation of ideas, or additional practices that seriously deviate from those that are commonly accepted in the research community for proposing, conducting, or reporting research.
(2) Material failure to comply with federal and University requirements for the protection of researchers, human subjects, or the general public or for ensuring the welfare of laboratory animals.
(3) Failure to adhere to other material legal requirements governing the field of research.
(4) Failure to comply with established standards regarding author names on publications.
(5) Retaliation of any kind against a person who reported or provided information about suspected or alleged misconduct and who has not acted in bad faith.
The definition of research misconduct does not include honest error or honest differences in interpretations or judgments of data. Moreover, the definition contained in this policy is not intended to override or contradict provisions of other regulations or policies, in particular those policies governing human research subjects and animal welfare. A finding of a substantive violation of specific policies in these areas will also be considered misconduct under this policy. (University of Colorado Administrative Policy Statement on Misconduct in Research and Authorship)
Vote Count
8/24/06 Passed 14-2-0
________________________________ _________________________________
Joseph Martinez Charles Johnson
UCSU Legislative Council President UCSU Tri-executive
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Andrew Aitchison Ashley Nakagawa
UCSU Tri-executive UCSU Tri-executive