Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: THURSDAY, August 11, 1994 TAG: 9408110061
SECTION: VIRGINIA PAGE: C1 EDITION: METRO
SOURCE: MICHAEL STOWE STAFF WRITER
DATELINE: LENGTH: Medium
Maurice Terrell Braxton claimed in a federal lawsuit in May that large portions of a paper he wrote for H.D. Flowers II - who since has resigned from the university - later appeared as part of a book the professor wrote.
In a response and counterclaim filed this week, Flowers admitted that his book "Survey of Black Studies: Their Concerns from a Historical Perspective" contained Braxton's paper almost verbatim.
Braxton, who is seeking at least $100,000 in damages, said in the original suit that his work was used without permission. Flowers, the former head of Tech's black studies program, said in his response that "at this time" he could "neither admit nor deny" that the paper was used without permission.
"Dr. Flowers only knows that he instructed his graduate assistants to compile material and published that material," the court records say.
Flowers' counterclaim makes the case that any plagiarism of Braxton's paper was unintentional. It mentions some handwritten corrections Flowers made on Braxton's paper. Those suggestions are not included in the professor's book.
"If Dr. Flowers wished to knowingly use [Braxton's] material, he would have used his own suggestions to strengthen it," the counterclaim says.
Flowers' counterclaim alleges that certain passages in Braxton's paper were not original but were examples mentioned in his class lectures.
Braxton "plagiarized by not giving proper credit to Dr. Flowers," the counterclaim says.
The counterclaim also says that when Flowers graded Braxton's paper, he made numerous handwritten suggestions on how it could be improved. Those suggestions are not included in the professor's book.
"If Dr. Flowers wished to knowingly use [Braxton's] material, he would have used his own suggestions to strengthen it," the counterclaim says.
Flowers also denied Braxton's claim that he continues to sell and market the book. The professor's counterclaim said the book was used only for his classes at Tech and that such use was discontinued in November 1993.
"Any royalties received were placed in a black studies scholarship fund," his response said.
Flowers' counterclaim says Braxton's suit was filed "maliciously and knowingly in abuse of the process" and that Flowers continues to suffer damage to his reputation. He is asking for an unspecified amount of damages plus legal fees.
Flowers, Braxton and their attorneys could not be reached for comment.
Flowers resigned from Tech earlier this year after pleading guilty to embezzlement.
In February, he pleaded guilty in Montgomery County Circuit Court to cashing paychecks made out to people scheduled to teach classes that Flowers himself ended up teaching.
He was placed on probation and ordered to repay Tech $15,000.
Flowers was removed as head of Tech's black studies program before the charges were filed, but he continued to teach through March.
by CNB