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Roberts' filing seeks dismissal of lawsuit
LEGAL ANSWER
Richard Roberts:
He says in a legal filing thatformer professors Tim and Paulita Brooker werecontract employees, so they cannot use the partof the law they are claiming to argue theywrongfully lost their jobs.
By APRIL MARCISZEWSKI World Staff Writer
Published:
2/14/2008 2:00 AM
Last Modified: 8/18/2008 11:50 AM
Complete Coverage:
Read the latest ORU stories, view the lawsuit and other documents and watch slide shows and video.
Former Oral Roberts University President Richard Roberts argued Wednesday in a court filing that the lawsuit by two former professors is not legally viable and should be dismissed.
He also maintained that the court should dismiss the professors' wrongful termination claim against him.
pu,UFslams Roberts says in his court filing that he did not employ former professors Tim and Paulita Brooker, so he cannot be sued for their alleged wrongful termination.
Besides, his filing claims, the Brookers were contract employees, so they cannot use the part of the law they are claiming to argue they wrongfully lost their jobs. Roberts' legal argument is similar to the argument ORU and other defendants in the suit made in a court filing on Friday.
Tim Brooker alleges he was forced to quit because he helped turn over to ORU regents a report that alleged Roberts misused ORU money and more. Roberts has denied wrongdoing.
Roberts' court filing says Tim Brooker resigned, and ORU did not renew Paulita Brooker's contract. It says that "ORU's hierarchy" had had the report of alleged wrongdoing about 14 months by the time the Brookers lost their jobs, so Tim Brookers' part in handing the report to ORU leaders "cannot logically be tied to" the end of the Brookers' employment.
Alleged
defamation
:
The Brookers did not specify in their first defamation claim what Roberts said that allegedly defamed them, so Roberts and the court cannot respond to that claim, his filing says. The Brookers also do not specify how the alleged defamation harmed them, which is required by law, Roberts claims.
The Brookers also allege they were defamed when Roberts said at an ORU chapel service in October that he was "not intimidated by blackmail and extortion." Roberts' "opinions" about the Brookers' "conduct and/or motivations in filing this lawsuit" are protected under law, Roberts' court filing says.
Brookers'
other
claims
:
Roberts made arguments similar to ORU and the other defendants in support of dismissing the Brookers' other claims.
By APRIL MARCISZEWSKI World Staff Writer
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24
comments have been made on this story so far. Tell us what you think below!
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Report Comment
deena
, tulsa (2/14/2008 5:43:22 AM)
It says that "ORU's hierarchy" had had the report of alleged wrongdoing about 14 months by the time the Brookers lost their jobs
Well isn't that interesting. So the BOR sat on that report for 14 months before it finally came to public light..... Unbelieveable.... And these jokers will preach to people how they need to be good stewards.... what a joke!!!
Report Comment
What, me worry?
, tulsa (2/14/2008 5:54:33 AM)
Now seriously, would you buy a used car from this guy (pictured above) or send him your hard-earned cash donation?
Report Comment
Tom
, Tulsa (2/14/2008 6:58:13 AM)
The Brookers' lawsuit is weak -- they should have tried to settle out of court. They have nothing.
Report Comment
response to #1
, (2/14/2008 8:08:44 AM)
Very good point, Deena. Wasn't it originally that they had no idea? That as SOON as they found out about this they started acting on it? Or was it supposedly that the BOR knew but RR had no idea? Now suddenly...."oh, yeah...we had that for 14 months...."
Report Comment
Graychin
, Eucha (2/14/2008 9:49:14 AM)
Until we see the audit report that ORU is burying, it's hard to take seriously anything that Richard Roberts says.
Actually, it's ALWAYS been hard to take seriously anything that Richard Roberts says.
Report Comment
ALUM
, (2/14/2008 10:10:10 AM)
Richard's arguments are meaningless at this point. Doesn't matter at all whether the lawsuits are won or lost. These lawsuits finally brought some things to light. They were the vehicles that brought us to where we are today. This university just may survive due to these lawsuits.
Report Comment
Fifty Dollar Fine
, (2/14/2008 12:08:43 PM)
"Roberts says in his court filing that he did not employ former professors Tim and Paulita Brooker, so he cannot be sued for their alleged wrongful termination. "
This, from the man who claimed, "I am the face and voice of the university."
The hubris...
Report Comment
Brookers have nothing
, (2/14/2008 5:45:24 PM)
A contract not renewed (the Mrs.) & a resignation (the Mr.) doesn't equal anything near wrongful termination. They have no case. A 1st year law student would know that, so why didn't Gary Richardson?
Report Comment
Fifty Dollar Fine
, (2/14/2008 6:14:25 PM)
#8 - "They have no case."
They might if they were forced to resign under the circumstances given.
Report Comment
Tony G
, (2/15/2008 5:39:08 AM)
Richard IS guilty of using his position to help politicians.
This says to me--ORU should LOSE its charitable status.
I am NOT sure about Richard--but I know--Oral is an evil man
HIS administration sent a letter to my sister after her baby was killed
saying--for $5000.00 they would pray my neices soul into heaven.
That is an EVIL man.
Report Comment
Don't Believe it
, (2/15/2008 8:12:17 AM)
I would have to see it to believe it. Please produce the letter, and turn it over to the TW to print. If it is on ministry letter head with signatures then this is believable.
Report Comment
To Tony G #10
, (2/15/2008 9:31:31 AM)
#10's post is the biggest bunch of baloney I've ever heard. For one thing, Oral's religion doesn't even believe in the idea that one can have their eternal destination changed or reversed after death.
Report Comment
Sarah R. Cooper
, Columbus, Ms (2/15/2008 4:43:35 PM)
I hope that all Richard's garbage comes to light. People need to know that Richard and wife think they are above the law. Please IRS check them out. I want everything out to public viewing. Acountibility.
Report Comment
CANADA NORTH
, (2/15/2008 9:49:18 PM)
#10's post may not be so far fetched. To a vulnerable, devastated mother, the little letters they send out to 'partners' could have been interpreted such as the above. I have received many of these letters. Each one is designed to comfort and encourage for 'Your best seed sown'
Report Comment
Ruth
, (2/16/2008 5:56:11 PM)
Ardmore Correctional Work Center?
Report Comment
Elaine H.
, Fresno (2/17/2008 3:31:05 AM)
The #10 thing is a TOTAL LIE. As stated before, Oral's doctrinal position does not believe in Purgatory. If you're going to tell a lie, try telling one that is somewhat believable. YOU are the evil man for telling such a sorry fish story.
Report Comment
monty
, jenks (2/17/2008 12:15:58 PM)
please have the TW spare us that pic of RR, gee one has to wonder if RR and that Richardson have gone through the same nip and tuck procedures, if so then Richardson would have a good negligence suit on that doc.; and someone needs to tell that attorney to get rid of the gross hair on his chinny chin chins.........
Report Comment
Sharon
, (2/19/2008 8:50:57 AM)
In prior articles, the Brookers were actually hired on by Dr. Swails. Dr. Swails used by judgment by not investigating the Brookers before contracting them into ORU. Also, I don't believe Dr. Swails should have retained in old position at the University.
As far as reputations, Dr. Swails and the Brookers reputation were damaged due to their own actions.
Report Comment
Pelagius
, Norman (2/19/2008 11:57:23 PM)
#12, don't you get it? With Oral and Richard, #10 could be absolutely right: everything about what they believe and what their religion really is is negotiable with OR and RR if they can squeeze a dollar out of it.
When Martin Luther complained about the sale of indulgences, that is precisely what indulgences were supposed to do. They were a "gift certificate" to use to get forgiveness for a sin, or to buy prayers to get a loved on out of purgatory and pray them right into heaven. It's not a biblical idea, but one that grew up over the course of centuries as the Church needed and wanted money. I absolutely believe Tony G is right and I also believe that if money was funneled through ORU, it was for the purposes of individual members of the BOR, possibly Hagee most especially, for hiding money they used for personal things AND to buy political influence.
Never underestimate the power of money. When the love of power is replaced by the power of love, then religion is real. Otherwise, forget about it. People like OR and RR claim to worship God, not mammon, but in fact they do worship mammon.
Report Comment
Pelagius
, Norman (2/19/2008 11:59:13 PM)
#17, monty, several of us have speculated where the TW gets those awful pictures of Richard. Somebody suggested that perhaps students are taking them with cell phone cameras. I guess he just isn't very photogenic...
Report Comment
Elvis
, Memphis (2/22/2008 12:23:32 PM)
"Roberts says in his court filing that he did not employ former professors Tim and Paulita Brooker, so he cannot be sued for their alleged wrongful termination. "
Everything that goes on at a university ultimately comes back to the president. Period!! The president of the Tulsa branch of OU School of Medicine was fired by Boren because of a supposed laxness in storage of some vaccines. So, yes, 'ol RR may not realize this, which would not suprise me, but he is involved. Also, shows how he really steps up to the plate in dealing with this issue. What a set!!
Report Comment
insider
, OK (2/24/2008 2:36:49 AM)
#13 You must know Richard personally, or at least you act like it. It is time for the judical system to do its job.
Report Comment
nona
, jasper (3/14/2008 1:47:38 AM)
As a former ministry supporter of ORM/ORU, as well as a former but yet messed up student of ORU I do not belive what number 10 says. If he does produce the letter, then I still would not belive it because Oral and or Richard does not do that stuffin the first place students do that stuff.
Report Comment
Miriam
, McAllen (4/18/2008 10:51:18 PM)
I received my degree from ORU and I must admit that while I was there I did not appreciate all the teachings of Richard Roberts. In fact it all seemed like a "bubble" to me. Now that I am in the "real world" I look back and wish that I could sit and listen to President Roberts teachings again with a more mature perspective. Richard Roberts is in the ministry for GOOD reasons but most importantly for selfLESS reasons. I know that is difficult for people who don't know him, the university or the "calling" to understand but the man tries so hard to serve God. He spends time and YES, money to help others. I wish people would stop trying to find ways to bash religious figures in high power positions. I don't know who is exhausting more energy- people who took time to write hateful and negative things about Richard Roberts OR Richard Roberts waking up each day with the desire to help others??? I'm not perfect and I certainly would not call myself a "religious" person; however, I had my "Jesus Freak" moments and its exhausting. It takes a lot of time, energy and yes, MONEY to help people in need--- regardless of whether you're doing it as God's will OR NOT. It's so much easier to work a 9-5 and live your own life. Try being Richard Roberts or anyone like him that works crazy hours just to love others. Move on people... Richard Roberts is a good person and if you feel you were treated unfairly deal with it the best you know how but don't make it a spectator sport OR a personal thing. You make us "religious people" look so bad and cheesy. This is what I think-- take it or leave it. Either way, have a great day!
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