by Joe Jablonski

Virginia State University (VSU), a predominantly black university and a recent defendant in several major civil rights lawsuits, is mired in yet another scandal involving alleged discrimination by administrators.

This most recent case involves a tenured black female professor of sociology, Professor Jean Cobbs. Cobbs is suing VSU over alleged violations of her First Amendment rights and politically-motivated discrimination by VSU's current president, Eddie N. Moore, Jr., that led to her being fired from prominent faculty positions.

Jean Cobbs is a conservative and a Republican. She has worked on several campaigns on behalf of Republican candidates, including Virginia Governors George Allen and James Gilmore. In her state court complaint seeking $21.7 million, Cobbs alleges that she was "expected" to make a large financial donation to a Democrat's campaign. She also claims that she had been derogated as a "troublemaking Republican," and charges that she had been admonished that she "better watch [her] politics."

The suit additionally alleges that when Cobb "expressed her political beliefs to the VSU Board of Visitors, she was further retaliated against and harassed." Students who supported her, the legal complaint states, were unfairly treated as well. "Students have been told that they will suffer if they associate with [Cobbs]," the complaint reads.

Laura Fox, President Moore's attorney, denies all allegations in Cobbs's complaint. She also sees no basis for the charge that something is amiss at VSU.

Mr. Moore, who has liberal credentials, assumed his position as president of VSU in June of 1993. To get an appointment as university president, one must usually have both a Ph.D. and an academic background. Aside from an honorary doctorate awarded to him by Virginia Union University, Moore has neither.

Soon after Moore's appointment as university president, problems began for Professor Cobbs. In 1994, Moore effectively discharged Cobbs from her position as the chairman of the sociology department. Then in 1995 Moore discharged Cobbs from her position as social work program director. Moore later filled the social work program director position with his own choice who later lost the accreditation that Professor Cobbs achieved during her directorship. She also claims that in 1996 VSU gave Cobbs a terminal employment contract, which the university was later compelled by law to rescind. This contract would have effectively ended her association with VSU.

Moore's decisions to discharge Cobbs from prominent faculty positions were unexpected given Cobbs's distinguished professional credentials. Jean Cobbs earned a Doctor of Education degree from the College of William and Mary. She alleges, however, that VSU officials demeaned her Ed.D. credential as being from a "white racist institution."

In addition, Cobbs earned a Masters of Social Work from Virginia Commonwealth University, and her undergraduate degree in sociology from Elizabeth City State University. She has been a professor of sociology at Virginia State University since 1971. She established VSU's social work program and secured accreditation for it. For her work in this program she received high performance evaluations from 1971 to 1993 and enjoyed a notable measure of success in securing grants for social work projects and associated research and writing.

Cobbs filed suit in Virginia state court against President Eddie Moore, the university, and its trustees, alleging a whole series of constitutional violations of freedom of speech and association, racial discrimination prohibited by civil rights statutes, conspiracy to interfere wrongfully with employment and economic opportunities, intentional infliction of emotional distress, defamation, and other state common law claims.

A crucial legal issue in the Cobbs case, with profound implications for civil rights law generally, might become whether Title VII of the Civil Rights Act covers cases of "political" discrimination, or discrimination against an individual on the basis of political affiliation or viewpoint. The VSU administration defendants argue that Title VII's protection only extends to cases of discrimination based on race, sex, and ethnicity or national origin, but does not include discrimination based on politics or political viewpoint.

The state court judge in the Cobbs case let the Title VII claim stand, letting the issue go to a jury. In his view, it was possible that a reasonable jury could find that Cobbs as a black conservative was treated differently from conservatives of other races at VSU. If the allegations in the Cobbs complaint are proven true in court, it could establish that Moore's actions against Jean Cobbs are discriminatory and violative of federal civil rights statutes, despite the fact that Moore himself is black.

The Cobbs case does not mark the first time that VSU and President Moore have been sued for discrimination under federal and state civil rights statutes. Last year, Professor Godwin Mbagwu, a Nigerian born researcher and chemistry professor, sued VSU for discrimination against him, alleging the illegal thwarting of his research efforts, the illegal blocking of his promotions based on inaccurate and unfair annual evaluations, and the illegal withholding of earned pay raises, despite his established record of success in obtaining state and national awards for excellence. Egyptian-born Professor Fathy Saleh joined Mbagwu's suit and made similar allegations of discrimination against Moore and VSU.

Professor Mbagwu won a federal jury award of $231,000 in compensatory and punitive damages, while Professor Saleh won $117,000 on a claim that the university retaliated against him for publicly charging discrimination against white and foreign-born professors in 1995.

U.S. District Court Judge Robert E. Payne awarded lawyers for Mbagwu and Saleh $1.3 million in legal costs. The judge cited a comment President Moore allegedly made to Jean Cobbs, that "there were too many foreigners in [the] Life Sciences [department], and he planned to do something about that." Moore denied making the comment. Judge Payne issued an injunction against further discrimination and declared that "reprehensible national origin discrimination" existed "at the highest levels of VSU." The judge's order is currently posted on VSU's website.

Three other foreign-born professors sued VSU and won lucrative settlements out of court. The total legal tab from the suits by the five professors exceeds $2.4 million. The latest case may test the confidence and support VSU trustees and Virginia authorities have shown Moore.