Monks sue Benedictine University, say rights are being denied

Seven monks from Lisle's St. Procopius Abbey filed a lawsuit Monday against Benedictine University's board of trustees and its president, William J. Carroll.

In the complaint, filed in DuPage County, the monks allege the Lisle-based university has denied them several of their rights as members of the university, including the right to interview candidates and vote for the university's new president.

The board or trustees announced June 9 that Michael A. Brophy, president of Marymount California University, had been selected as the Benedictine's next president, to replace the retiring Carroll.

"I do not object to the selection of Dr. Brophy as the next president, but we do strongly object to the process by which he was chosen. The members were not even allowed to interview the candidates for the position," St. Procopius' Abbot Austin Murphy, who is also Benedictine University's chancellor, said in a written statement. "The exclusion of the members from this important process is contrary to our governance policies and this pattern of behavior by the current board of trustees must be remedied immediately."

University spokeswoman Mercy Robb said the university welcomes the clarification sought by the suit.

"The interpretation of the university's bylaws has been an ongoing discussion among the parties for many years," Robb said. "The university agrees clarification of the bylaws is necessary and is optimistic that a third party will offer a new perspective and be able to provide that clarity so that all can move forward as Benedictine fulfills its mission to prepare students for a lifetime as active, informed and responsible citizens and leaders in the world community."

In the suit, the monks say they have tried, for three years, to resolve their issues, which also include being stripped of the right to participate in the election of trustees, the right to amend and/or approve parts of the university's bylaws and the right to have any conflict of interest disclosed to the university's board of trustees.

"Our monastic community has a long tradition of participating in the governance of Benedictine," Murphy wrote. "The members' rights to participate in and to be informed about significant matters affecting this institution are detailed in the bylaws of the university. Unfortunately, the trustees have recently ignored these rights and made key decisions without involving us."

The monks are represented by John R. Wiktor, M. David Short and David A. Maas, attorneys in the Chicago office of Reed Smith LLP.

"We are confident the best interests of Benedictine University will be served by a court clarifying the rights and obligations of the monks of St. Procopius as members in the governance structure of the university," Short said. "A decision will provide firmer ground upon which to build a solid relationship between the members and trustees as this great university moves forward."

The suit asks a judge to rule that the monks have certain rights provided by the bylaws that need to be followed and enforced. Those rights include approving the re-election of trustees; approving new trustees; approving the election and appointment of the university's president; and that current trustees must disclose to the board possible conflicts of interest and past or present conflicts of interest not previously disclosed.