THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Saturday, June 3, 1995 TAG: 9506030289
SECTION: LOCAL PAGE: B3 EDITION: FINAL
SOURCE: BY MARC DAVIS, STAFF WRITER
DATELINE: VIRGINIA BEACH LENGTH: Medium: 57 lines
There is no tenure system at Regent University, a lawyer argued Friday in the case of three professors who are suing the school to get back their old employment contracts.
The teachers - two communications professors and a law professor - claim that Regent's new employment system, begun in 1994, puts them at risk of being fired for almost any reason.
They say the old system of rolling contracts gave them job security and ensured they could be fired for only a few specific causes.
Two other law professors who were originally part of the case were dismissed from the trial Thursday. A judge ruled they have no standing in the case because they no longer work for Regent. Their cases will be heard at another time.
The three professors remaining in the case - Jeffrey Tuomala, Clifford Kelly and Elaine Waller - still teach at Regent.
On Friday, a lawyer representing the professors argued that new faculty contracts in 1994 ``basically abrogate the guaranteed tenure rights that they've had for years.''
All three professors signed contracts in 1993, but refused to sign the new contracts in 1994. Their lawyer, William H. Robinson Jr. of Richmond, said the new contracts amount to at-will employment.
Under the old contract, a professor could be fired only for breach of contract, defined as ``insubordination, incompetence, immoral behavior contrary to biblical standards or persistent failure to perform contractual duties and obligations.''
Under the new contracts, a professor can be fired for ``actions that are inimical to the best interests of the university, as determined by the governing board of the university.''
Attorneys for Regent argued Friday that the new contracts are just as secure as the old ones, and that no faculty member can be fired without just cause and due process.
Regent's lead attorney, Thomas M. Lucas of Norfolk, said the three professors chose voluntarily not to sign the new contracts in 1994, and now have one year remaining on their 1993 contracts to find new work. Lucas argued that the case is just a ``procedural ploy'' so the professors can try to claim money damages in a later lawsuit.
The first and only witness Friday - Herbert W. Titus, the former Regent law dean fired in 1993 - spent the day testifying about the old tenure system but did not discuss the university's internal politics or his own firing.
The trial is expected to last about a week. Pat Robertson, Regent's founder and chancellor, and his wife, Dede, a former university trustee, are expected to testify next week.
KEYWORDS: LAWSUIT by CNB