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This article deals primarily with unwritten policies for the selection of faculty at John Jay College of Criminal Justice, an undergraduate institution of the City University of New York (CUNY). In revealing the extraordinary lengths to which one college's administration was willing to go to use race as a basis for hiring, it may be indicative of practices prevalent in American higher education. But unlike other institutions--which have acknowledged race as a factor and defended it in lawsuits alleging violation of civil rights laws--John Jay's administrators chose to deny the operation of powerful racial bias in hiring decisions, despite strong evidence to the contrary.
The events recounted here, which personally affected this author, took place primarily in 1993 and 1994. These events, including statements attributed to various individuals (not named), can all be substantiated by legal documents and exhibits filed in a federal district court in support of a lawsuit I brought alleging violation of federal, state, and local civil rights laws. On the eve of trial in this matter, City University, which represented the college, settled the case for a substantial sum, while acknowledging no legal responsibility.
The 1993-94 Search
John Jay College of Criminal Justice advertised for full-time tenure-track positions for the 1993-94 academic year. I had been a part-time adjunct at John Jay since 1987, teaching courses in constitutional law and government. At the time, I held a Ph.D. from Columbia University and a law degree from Rutgers University. I also had approximately twenty years of experience in government in various capacities. I applied for one of the positions in a department directly related to my education and experience.
In a memorandum submitted to the college provost, a departmental subcommittee charged with personnel matters selected another candidate as its first choice, a black male, and named me, a white male, as its alternate candidate. Following routine procedure, the selected candidate was interviewed by both the provost and the president. He initially accepted but subsequently declined the college's offer. The subcommittee then reaffirmed its recommendation, by memorandum to the provost, that I be offered the position.