Federal Judge Rejects Attempts by URI to Dismiss Black Professor's Lawsuit Claiming Racism
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Federal Judge Rejects Attempts by URI to Dismiss Black Professor's Lawsuit Claiming Racism
As GoLocal reported in July 2021, Louis Kwame Fosu, a former URI Professor who accused the school of “Jim Crow” racism, filed a lawsuit in federal court.
Fosu had taught in the Political Science department at URI since 2019 and charged that the school was responsible for the “deliberate and racist demonizing exclusion of highly qualified African-Americans/Blacks, Latinos/Hispanics and Native Americans from positions of senior leadership and other positions throughout the university."
GET THE LATEST BREAKING NEWS HERE -- SIGN UP FOR GOLOCAL FREE DAILY EBLASTURI had filed a motion in August 2021, in federal court calling on the court to dismiss the claims of Fosu’s lawsuit. On Monday, federal judge Jack McConnell granted URI's motions to dismiss three of Fosu’s initial claims, but rejected URI’s motions to dismiss three others, including the whistleblower count.
Fosu called it a "colossal win" against URI as a portion of his claims are now allowed to move forward.
“The end of genteel white supremacy at URI is near to an end,” said Fosu following McConnell's ruling. “We shall keep standing strong to be respected. We shall never tolerate being called cruel racist names and accused falsely of crimes, to demean and intimidate us into silence. Dignity is everything, and for me it is more important than any amount of money or a job. URI cannot buy everyone's silence with a job. For those of us who can sacrifice to fight for our people we must do so consistently in our own small way.”
Dr. Sherrilynn Bevel -- a civil rights champion who is the Board Chair of the Diversity Think Tank at URI -- said the refusal to dismiss a number of Fosu's complaints was "wonderful news."
"Given all of the reported facts that I’ve seen, this is something that needs to be looked into," said Bevel.
"Part of a quality education is being exposed to a wide range of ideas," said Bevel. "If people promoting diversity are squelched and mistreated, then the bank of ideas that are available to students...they’re not prepared for the real world."
"I was just disgusted that [Fosu] was put on leave over winter break — the treatment was reprehensible," said Bevel. " I’m glad they’re going to be forced to face the things done to him for standing up for a quality education for his students. How do you teach the Constitution and law on injustice, and there’s injustice right around you?"
URI did not respond to request for comment on McConnell's ruling.
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As McConnell wrote in his ruling:
"On January 11, 2021, without prior notice to Mr. Fosu, [former URI Provost] Mr. DeHayes informed him that URI had placed him on administrative leave, claiming that he was hostile toward his students and demented his colleagues. URI did not give him the opportunity to rebut any of these complaints or allegations. No other professors accused of serious misconduct or who have made provocative public statements had been punished with administrative leave. Three months after Mr. Fosu was placed on administrative leave, URI began an investigation into Mr. Fosu’s conduct. He links this investigation with Defendants’ retaliation and believes it was pretextual and used to conceal Defendants’ retaliation. "
Citing Federal Rule of Civil Procedure, McConnell wrote, “At this state, ‘the plaintiff need not demonstrate that [they are] likely to prevail, but [the] claim must suggest ‘more than a sheer possibility that a defendant has acted unlawfully.”
McConnell granted URI's motion to dismiss as to Count II (Due Process Claim) -- but he denied URI’s motion to dismiss Count III (Equal Protection Claim).
In Count III, Fosu claimed defendant URI violated his Fourteenth Amendment right to equal protection.
“To survive a motion to dismiss this claim, he must plead that (1) he was treated differently than others similarly situated and (2) that the motivation behind the different treatment was based on race,” wrote McConnell.
McConnell noted Fosu pled his protected status, and the complaint “need only allege that his differential treatment was ‘based on impermissible considerations such as race.’ He added, "Fosu and the [Diversity Think Tank] made URI aware of their accusations that URI engaged in systems racism in the hiring and treatment of African American Professors."
McConnell granted URI's motion to dismiss Count IV (Rhode Island State Constitution Claims); he then denied URI's motion to dismiss Count V — Defamation
In his defamation claim, Fosu claimed former URI President Dave Dooley and Provost DeHayes portrayed him as “hostile, abusive, misogynistic, and coercive in several correspondences, defaming him and harming his reputation.”
While URI argued that Fosu's complaint failed to identify any defamatory statement, McConnell noted in his ruling that in an email, letter, and memorandum, “When read in context, outline URI’s ‘serious concerns’ regarding allegations that Fosu intimidated, exploited, and coerced his students and that his interactions with URI faculty have been hostile and ‘non-collegial’ - and that there there “is no question that the assertions leveled against Fosu are harmful particularly to his profession as an education” and Fosu sufficiently alleged that Dooley and DeHayes’ statements are defamatory.”
McConnell granted URI's motion to dismiss Count VI (Breach of Contract); he denied URI's motion to dismiss Count VII (Rhode Island Whisteblowers Protection Act).
Fosu had previously consented to the dismissal of Count IV — the anti-discrimination clause of Article 1, Section 2, of the Rhode Island Constitution. He also consented to the dismissal of Count VII against the URI officials in their individual capacities only.