Whistleblower Case Reveals Possible Political Campaign Intervention

Three former Oral Roberts University (ORU) professors filed a lawsuit on Oct. 2 in Tulsa, OK, against the university, alleging they were wrongfully fired after they reported the private school's involvement in a local political race. They claim that ORU President Richard Roberts directed former government professor Tim Brooker to use his students and resources to support the 2005 mayoral campaign of Tulsa County Commissioner Randi Miller. This use of university resources would violate the institution's tax-exempt status. Roberts has denied wrongdoing but was granted a leave of absence on Oct.17. The Internal Revenue Service (IRS) has notified ORU that it is conducting an investigation into the matter. Former professors John Swails, Tim Brooker and Paulita Brooker's lawsuit outlines a series of events, beginning with Tim Brooker's claim that in December 2005, Roberts instructed him to support the campaign of Miller, a county commissioner running for mayor. According to the complaint, "Roberts instructed T Brooker that it was time to utilize the talent and resources of T Brooker and his students in political races. ... T Brooker resisted, explaining to Roberts the implicit improprieties and the clear boundaries required by state and federal law, including IRC section 501(c)(3); as well as the great danger of 'turning neighbors into enemies'." During a later meeting with Roberts, Brooker again warned against getting involved in the campaign. However, the suit claims that Roberts insisted, and eventually the school began to promote Miller by requiring students in a government class to work on the campaign. Brooker was told that his students "should be glad to work for Randi Miller for free." In May 2006, the IRS notified the university about an investigation of its campaign activities. The Tulsa World reported that "a spokesman for ORU, confirmed that ORU was first contacted by the IRS in a letter May 3, 2006." The letter stated that the IRS was investigating "whether we participated in political programs inappropriately for a 501(c)(3) organization." Roberts allegedly told Brooker to accept full responsibility for the political involvement and was told to cover up Roberts' instructions to become active in the campaign. The university provost signed an affidavit, which Brooker says he wrote and that the university intentionally changed in order to clear the president. As a cover-up, the university took certain steps to punish Brooker publicly. ORU refused to pay an $18,000 salary for teaching summer school, and according to the lawsuit, "[Brooker] endured retaliatory and punitive conduct, and was subject to public humiliation generated by Defendants on local and national levels." The professors also said their dismissals came after they gave the board of regents a copy of a report documenting moral and ethical violations of Roberts and his family. This document, titled "Scandal Vulnerability Assessment," was filed in the court case on Oct.12. According to the lawsuit, a student working for the Miller campaign came across this damaging information written by Stephanie Cantese, Roberts' sister-in-law. "This compendium itemized numerous and substantial acts of misconduct and improprieties by the Defendants, ORU, and Roberts." The material was handed over to Brooker, and he passed it on to his supervisor Swails, another plaintiff in the case. Afterward, Brooker, Swails and Paulita Brooker were fired. Jack Siegel of the blog Charity Governance "would not be surprised if IRS auditors descend like biblical locusts on ORU and its books and records. This case raises all the classic issues that come with the intermediate sanctions — allegations of lavish travel, personal use of exempt organization assets, large expenditures on clothing, and unreimbursed home decorating expenses."
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