Ex-BYU professor praised, attacked as trial begins

PROVO — A dedicated husband and father, faithful church member and an exceptional teacher — that's how attorneys described Richard Thwaits — a former Brigham Young University professor whose suit charges his former employer with unlawful termination — during the first day of jury trial Tuesday.

Thwaits, a professional veterinarian and former professor, was fired from BYU in January 2002 for allegedly dispensing medicine to students, using school medicine for personal use and then lying about it to BYU investigators.

During opening statements for the scheduled three-week jury trial, Thwaits' attorney Evan Schmutz said those allegations are false, petty and full of malice.

"His academic future was wide open with possibility," Schmutz said. "He was terminated from a career that he had chosen, subjected to an investigation that never should have been — full of twisted half-truths."

Thwaits brought the suit against BYU in hopes of getting some financial reimbursement, as well as clearing his name, which Schmutz said was tainted by individuals with axes to grind and personal agendas.

In an overview of potential witness testimonies, Schmutz told jurors they would hear about a department secretary who was angry at Thwaits for giving her a negative employment review and retaliated by telling department officials Thwaits was handing out medicine and engaging in inappropriate relationships with female students.

Schmutz said they would also hear testimony about a school official who wanted to get rid of various programs in the department and thought Thwaits, as the then-chairman of the animal and veterinary sciences department, stood in his way. Schmutz said the official believed the charges and worked to get Thwaits fired.

These claims not only destroyed Thwaits' teaching career — he had been granted continuing faculty status, similar to tenure at other universities — but crippled the growing veterinary tech program Thwaits had helped boost at BYU, Schmutz said.

Attorneys for BYU agreed that Thwaits is an accomplished veterinarian and professor, but they argued his actions were not in harmony with the requirements of the university and that BYU has the right to terminate individuals who violate the school's code of conduct — the Honor Code — which requires certain standards of behavior for both students and staff.

"BYU has a right to insist that even faculty members with continuing faculty status abide by the Honor Code," said attorney Robert Clark, representing BYU. "(This case) really involves a betrayal of trust and rationalizations and attempts to cover up his activities. This case is about serious misconduct that put the university and its students at risk."