Firing at Y. is going to jury trial

PROVO — A jury will decide whether Brigham Young University wrongfully terminated a professor accused of having inappropriate relationships with students and mishandling controlled substances.

The case has stretched on since 2000, when BYU officials decided to place Richard Thwaits, former department chairman in the animal and veterinary sciences department, on paid leave as a result of misconduct allegations against him.

Thwaits filed suit against the university in 2001, alleging breach of contract. In the suit, he said the school fired him after promising him a secure position. At the time he filed his suit, he had not been terminated. He was officially fired by BYU in 2002.

Thwaits appealed that termination, which was heard by a faculty hearing committee in April 2003. In a majority ruling, the five member, fellow-professor committee did not agree with BYU's decision to terminate Thwaits.

In turn, BYU appealed that decision but has still not convened an appeal hearing, said Evan Schmutz, attorney for Thwaits.

Once appealed, it should have gone immediately to a faculty appeals committee, Schmutz said, but two years later, the school has yet to hold that hearing. He also said BYU failed to keep a recording of the evidence presented in the first hearing and has no official records to use in the second hearing.

However, Carri Jenkins, BYU's chief spokeswoman, said policy was followed in both cases and that the case is to soon be heard by a faculty appeals committee.

BYU professors who have earned the title "continuing faculty" — called tenure at most other colleges and universities — can only be terminated for "adequate cause," according to BYU policy. Such causes can include violation of the school's Honor Code, breach of contract, demonstrated incompetence and sexual harassment. Abusing university funds or a gross abuse of faculty-student trust are also causes for concern, said Richard N. Williams, associate academic vice president for faculty at BYU.

Specific reasons for Thwaits' termination were alleged violations of the Honor Code and alleged gross abuse of trust in a faculty-student relationship, according to the termination letter from BYU, obtained by the Deseret Morning News through court documents.

Thwaits was accused of engaging in inappropriate actions during a school-sponsored field trip to an animal sanctuary for vaccination practice. He was accused of inappropriate behavior while in a hot tub with female students.