ORU Tulsa World Blog 11/24

[Bledsoe]

Richard Roberts resigns as Oral Roberts University President

http://www.tulsaworld.com/news/article.aspx?articleID=071124_1__Embat80818


For all you regular ORU posters in the comments section of the Tulsa World  I invite you to continue the daily discussion here:  Carl R, Gail, qqq and Former ORU Student and others.........(you know who you are).  It is likely that the Tulsa World will not have daily articles, but the discussion needs to continue and expand.  This is a good free speech forum for this purpose.  

Please join and continue the amazing discussions that have spontaneously occurred regarding the events at ORU.

[Bledsoe]

To get things started I am going to post some stuff from other forums.  This is a post I wrote yesterday on the ORU Alumni Face Place forum.

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OKâ€"here is how I see the progression of events.

Swails is a tenured Professor.  Under the ORU modified tenure system this means he has a three year floating contract.  Tenure is not granted by any college without an extensive academic excellence review process.  At ORU it was my observation that it was also only granted for the most loyal and committed supporters of the philosophy of the school.  It is granted by the current tenured faculty and confirmed by the administration.  It is renewed annually by adding one year to the end of the three year period if the administration (with faculty review) is satisfied with a teacher’s performance.  This gives a tenured professor a heads up to shape up or ship out within a reasonable period of time.

At ORU a tenured teacher can only be terminated for “just causeâ€? which is usually spelled out in great detail in the contract and policies and then only after some form of due process that involves  a review by other tenured faculty.  This system is reviewed and approved by the Higher Learning Commission of the North Central Assoc. of Colleges and Univ. (the regional accreditations agency).  If a North Central accredited college does not maintain these standards, which include minimum criteria for tenure, academic freedom and due process, its accreditation can be in serious jeopardy.

I believe it was Swails’s discharge last summer, which appeared to be in violation of tenure standards, which became the flash point of the faculty’s decision to vote no confidence and Lewandowski’s offer to resign.  Of course much discontentment had been building for many years on multiple levels.

Gary Richardson has stated in the media that his clients requested private mediation of this dispute prior to filing suit.  He claims there was no response by ORU to this request.  The original lawsuit did not contain the Cantess memo and made much more general allegations.  Only after Richard Roberts publicly stated that the plaintiffs were guilty of “blackmail and extortionâ€? was the law suit amended to add the specifics of the Cantess memo and claims of defamation.

I suggest that much of the present crisis was self-inflicted and brought on by Roberts’ original response to the suit and his and Lindsey’s jetting off to NYC (media in tow) to appear on Larry King.  One blogger on the Tulsa World web site has suggested that Richard Roberts would have done well to heed the advice of Jesus in Matthew 5:25-26

"Settle matters quickly with your adversary who is taking you to court. Do it while you are still with him on the way, or he may hand you over to the judge, and the judge may hand you over to the officer, and you may be thrown into prison.  I tell you the truth; you will not get out until you have paid the last penny."

As to the law of wrongful discharge in Oklahoma, courts recognize a tort claim of employees who are discharged for internally or externally whistle-blowing if they establish a sufficient public policy violation from the retaliatory discharge.  In this case the plaintiffs must show that ORU and the individuals violated an established and well-defined Oklahoma public policy by discharging them.  The public policy may be grounded in a statute or employee actions, such as reporting fraudulent activity or criminal misuse of funds.  Interestingly it appears highly relevant as to whether the reported misconduct turns out to be true.  Barker v. State Ins. Fund, 2001 OK 94, 40 P.3d 463.  See also Crain v. Natl. Amer. Ins. Co., 2002 OK CIV APP 77, 52 P.3d 1035.  The courts also recognize a personal claim against individual supervisors who wrongly cause another’s employment to be terminated for improper reasons, such as to cover up wrongdoing or retaliate against a whistle-blower out of malice.  Martin v. Johnson, 1998 OK 127, 975 P.2d 889.

Accordingly, in my opinion, the plaintiffs’ wrongful discharge (and as to Swails, a breach of contract) claims are not frivolous.  There is also clearly a basis for testing the truth of the Cantees report.  Their claims may be difficult to prove and the defendants may ultimately prevail after a long discovery battle, but the process will be costly and disruptive.  If the media continues to follow this case, as they are doing, and if more internal revelations, like the leaked emails keep coming, any legal victory by the defendants may be too little and come too late.

As for the student cases, I agree they seem very iffy.  It appears that Oklahoma, like most other jurisdictions, does not recognize a claim of educational malpractice.  See Bittle v. Oklahoma City University, 2000 OK CIV APP 66, 6 P.3d 509.  But as the Bittle case suggests, a student can claim a breach of contract if he can point to some “evidence of [a]… brochure, policy, advertisement or other matter which might reasonably establish a specific agreement for the provision of particular services - beyond the provision of basic education services - as to render [the college’s] failure in some enumerated particular actionable as a breach of contract.â€?

As for Huddleston the accountantâ€"he is asserting a variation on a wrongful discharge theme.  He claims he was forced to resign after threatening to reveal and/or refusing to cover-up tax fraud in connection with an audit.  On the surface, the public policy of his claims appears to be well established, assuming the fraud can be proven.  The make it or break it point of his suit will be weather or not he can establish the necessary evidence that he was “constructively discharged.â€?  In law, a person is “constructively dischargedâ€? if a reasonable person under the same or similar circumstance would have found his working conditions so intolerable the he felt compelled to resign.  See Collier v. Insignia Financial Group, 1999 OK 49, 981 P.2d 321.  I believe that this will be highly fact intensive and if the other facts are what has been alleged and the constructive discharge claim gets to the jury, then ORU will have little chance of success.  The discovery process alone will be very grueling and potentially even more embarrassing.

To go back to the theme of this topicâ€"yes things are rapidly spiraling out of controlâ€"for both the plaintiffs and the defendants.  Both side have attempted to use the media for their on ends.  The plaintiffs have little to loose, but the defendants stand to loose a lot even if they legally win in the end.  Under these circumstance the proverb of Jesus in the Gospel of Matthew sounds more valid every passing day.

[Bledsoe]

Here is another post from a former ORU student to was posted on the Alumni Face Place forum.  So much hostility was generated by this post that the writer decided to remove it.  I actually think it is a valid question.  It seems to me, as the writer suggests, that the alternative would make RR and LR really "evil" or bad people rather than having a serious personality disorder.  What do you guys think?

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It's possible Richard Roberts suffers from Narcissistic personality disorder. If that is the case, he is extremely unhappy right now. The withdrawal from others and denial of all wrongdoing are classic patterns of NPD.
"At least five of the following are necessary for a diagnosis (as with many DSM diagnoses, they must form a pervasive pattern; for example, a person who shows these criteria only in one or two relationships or situations would not properly be diagnosed with NPD):
•   has a grandiose sense of self-importance
•   is preoccupied with fantasies of unlimited success, power, brilliance, beauty, or ideal love
•   believes that he or she is "special" and unique and can only be understood by other special people
•   requires excessive admiration
•   strong sense of entitlement
•   takes advantage of others to achieve his or her own ends
•   lacks empathy
•   is often envious or believes others are envious of him or her
•   arrogant behavior
"People who are overly narcissistic commonly feel rejected, humiliated and threatened when criticised. To protect themselves from these dangers, they often react with disdain, rage, and/or defiance to any slight criticism, real or imagined [9]. To avoid such situations, some narcissistic people withdraw socially and may feign modesty or humility."
~
People with NPD do suffer horribly when their bad behavior is exposed. Trouble is, this doesn't mean they're happy when things are status quo, nor does it mean you can hope for better behavior from them in the future.
~
They aren't happy people. They don't change much, and the only way to get them to behave is to keep them under your thumb. Most of us don't enjoy treating people the way we have to treat a narcissist in order to keep him/her from harming others. It's mutually degrading to have to constantly threaten an adult with punishment if s/he doesn't behave.
~
For some reason this personality type shows up in Evangelical leadership fairly often. That's why we see all this melodrama on the public stage. They are prone to going too far, 'cause they don't understand ethics or public perception.
~
So, what are your thoughts on this possibility???  I think it would be very sad not to be able to find a diagnosis as to RR & LR's behavior b/c otherwise it means that they are just plain - evil evil evil!

[billintulsa]

That's beginning to sound more like an excuse.

[oasis812005]

I think Richard Roberts is just spoiled. He has been rich all of his life. His first car was a mercedes.

[RecycleMichael]

I have such mixed feelings about the whole "Richard-gate."

I like Oral Roberts University and have many friends who have gone to school there or worked there. They have been a great employer and draw to bring people from all over the world to Tulsa. We always take out of town visitors to show off the architecture.

I also am reminded of how hard it is to pass on the family business to the next generation. The kids usually don't understand the work ethic. It is especially bad for the third generation (I have seen varying numbers, but they average 70% don't make it the second generation and 90% don't make it through the third. Think Bell's).

I also am a strong believer in faith and the church community. I don't go to their church, but feel a strong bond with my church family and can't imagine the blow this must be to them.

But the allegations against are very serious. They had to know they couldn't just spend university money like it was their own and the political stuff endangers their vitally important tax status. The firing of these employees was stupid as well and they had to realize that the financial and political employees were not just going to be fired and silent.

Were they just stupid?
Did they just think they were bulletproof?
More importantly, are they sorry?

They may have lost the family business, the tax ramifications might be unbelievable, might have caused thousands of graduates, teachers, and students to feel like their education has devalued, and lastly, potentially disappointed the church family beyond forgiveness.

[Conan71]

Bledsoe:

The Robertses-

Narcissistic, yes.

Excuse for a gross abuse of the business given to him by his father and gifts from God, no.

My place to stand in judgement or to refuse to forgive their supposed transgressions, no.

It's a shame to see this happen to the University.  It's been an important employer to the city of Tulsa and has attracted people here who have stayed as professionals after college and given back to the city.

I suppose what irks me most about the lawsuit is this is a lifestyle the Roberts' have enjoyed for years and years.  This is nothing new.

Honestly, I think Richardson slimed it up by releasing a lot of details not even relevant to the actions for which Swails and Brooker sued ORU.  Most anyone who lives in the immediate area of ORU and the Roberts compound has a pretty good idea how well they live.  Personally, I think they tried to use this for extortion.

[rwarn17588]

I have a hunch that Roberts' resignation was not because of the professors' lawsuit, but due to the former accountant's lawsuit that came a few days ago.

The claims by the accountant are a lot more damning to Roberts and the university, if true. The implications of tax fraud and other possible criminal activity are enormous, and this fellow might have the documents to back up his allegations.

But the initial lawsuit was the rolling pebble that started the avalanche. I suspect Roberts decided to get out while the gettin' was good.

[Conan71]

Trying to say Roberts needs to start looking for a country which doesn't allow extradition to the U.S. for tax fraud?  []

That's a slippery slope all these evangelists have pitched their tents on.  You have tax-exempt status due to a ministry, yet your personal income is in the millions from said tax-exempt enterprise.  I'm guessing they have to pay personal income tax on their take.  Many things which otherwise would be "income" like an all-expense-paid trip to the orient for a month is treated as a business trip so long as they were prostheletizing whilst overseas.  They also get perks like demonstrators from car dealerships from supporters, etc.

Many, many ways to skirt the tax code and live like a freaking king if you have an independent ministry.

[Johnboy976]

I think that we are forgetting the most destructive part of this whole mess: several Board of Regents members have been requested to submit detailed documentation on expenditures in their own ministries, under the suspicion that they are possibly abusing funds. As a born-and-raised Tulsan, I have met a great deal of people from ORU who were exemplary individuals. As a Christian, I can safely say that many of these same people were pillars in the community. It's sad to see that several of the higher-ups at their university (this is only speculation at this point) are, quite possibly, not exemplifying themselves in a similar way.

[rwarn17588]

JohnBoy, part of the problem is you could make a persuasive argument that ORU isn't necessarily a Christian university, but more of a cult-of-personality university.

Without a Roberts running the helm and his enablers at the Board of Regents, ORU would have no reason to exist.

[BASleuth]

In exhibit A of the plaintiff's amended petition the following appears:
"As of 2003, Richard Roberts was compensated at the following levels--$181,469.00 in annual salary from ORU; in excess of $100,000 as Vice-president of City Plex; and an additional $41,530/year from the Oral Roberts Evangelistic Association.  Additional incomes from "Make Your Day Count" could not be vertified but are likely"  Then two paragraphs down in same exhibit appears: "Richard Roberts receives complete housing benefits from the university which includes all associated costs: e.g.13 internet/cable connections, wife-screen televisions, hot tubs, an Imperial Stove ($15,000), Washer/Dryer ($6,000), and all furnishings.  The family selects furnishings for the home, the ministry then pays for the items and arranges delivery"

The question raised in my mind, does Roberts resignation from ORU effect any of those benefits listed above?  Is the residence furnished for the President of ORU or Richard Robert's family?

[Conan71]

BA, trying to say that RR may find out what it's like to make a house payment for the first time?

It's a very common perk for Universities, public and private, to provide nice housing for the President.  If that's the way his residence is set up, I guess he should be calling Allied Van Lines.

[sbtulsa]

I did not go to ORU but have long admired the school's contribution to the community.  I must admit to being dissapointed in the roberts family.

Simple stewardship concepts should have convinced both generations they should live frugally.  accumulating the kind of property they seem to have makes the outside observer wonder if they really meant the message they continue to preach.  All facets of the message.  

What ever happened to the concept that "its God's money they are receiving from their supporters"?

[Conan71]

A Catholic priest, Baptist minister, and a televanegelist are discussing what they do with the tithes they recieve from their faithful.

The Catholic priest says:

"I take all collections from mass, draw a very small circle in the middle of the room and throw the money in the air.  What lands inside the circle I keep, the rest goes to further God's worthy work.  I guess I keep about 10%".

The Baptist Minister says:

"I take the Sunday collections, I draw a medium size box on the floor.  I throw the money in the air, what lands inside I keep, what lands outside goes to God's work.  I guess I keep about 30%".

The televangelist finally speaks:

"I open all the envelopes I recieve with donations during the week and collections from Sunday's televised service and combine them.  After everyone is gone, I walk to the middle of the chapel, throw the money in the air and what God catches, he can keep".

[]