Divorce can mean loss of job at university

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Divorce can mean loss of job at university

By Susan Simpson, The Oklahoman (Oklahoma City), January 11, 2006

Staff and faculty members at Oklahoma Christian University could get fired if they get divorced, according to a policy the private school plans to implement next month.

The policy, endorsed by regents in October, gives President Mike O'Neal authority to terminate any employee who separates or divorces for reasons that don't meet "limited scriptural grounds."

"The university promotes the sanctity and preservation of marriage," he said. "The university must retain the responsibility to make judgments about whether an individual working at the university is supportive of that."

The change puts an unstated policy into writing, he said. Several employees have been asked to resign after they failed to uphold the university's values.

The policy also applies to prospective employees, who may not be hired if they've been divorced. He said current employees who have been divorced won't be fired.

A termination can be appealed to a three-member committee of the regents.

O'Neal thinks it will be rare for the university to terminate workers for divorce or separation. He said he will consider each case individually and urge a reconciliation if the marriage might be saved.

The policy will cause great emotional harm to people facing divorce, said a faculty member who asked not to be identified.

"It's not related to job performance, and it just adds to the pain of someone having a divorce," said the professor, who's been married for many years and questioned the legality of such a policy.

The policy does not list accepted grounds for divorce, but O'Neal said they could include adultery, physical or emotional violence, or efforts by the university-employed spouse to preserve the marriage.

He said decisions about termination will be made with great care and compassion.

"No one has said living a Christian life is an easy thing."

Several legal experts said the policy could stand in court.

"There's a lot of discretion in this policy," said employment law attorney Audra Hamilton of Tulsa. "The question will be whether the discretion is handled even-handedly."

Sheldon Steinbach, a lawyer for the American Council on Education, said the policy could lead to legal jockeying.

"It gives the party that would like to leave the marriage an enormous bargaining tool," he said, because the nonemployee could make unfair demands in exchange for agreeing to divorce on scriptural grounds.

Bob Andringa, president of the Council for Christian Colleges and Universities, said such a written policy on divorce would be rare on campuses, but not unexpected.

"Many campus policies are reflections of the doctrine/theology of the supporting churches," Andringa said. "Most conservative denominations do put limits on leadership roles within the church for those who are divorced."

Oklahoma Christian, which is affiliated with the Church of Christ, employs about 250 people who would be subject to the policy, O'Neal said.

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