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Professor Wins $ 200,000, Drops Suit

R S Shankar

A former African American studies professor who had sued San Jose State University for denying her tenure, citing gender and race bias based on her Indian origin, has won $ 206,980 in back pay and attorney's fees.

The out-of-court settlement stipulated that Cynthia Mahabir, a native of Trinidad and of Indo-Caribbean descent, will drop her reverse discrimination suit against the university. She would also not claim a teaching job there.

Mahabir, 52, who teaches in a small college near Oakland, had taught for eight years at San Jose State before the denial of tenure two years.

While her attorney Judy LeWitter said last year that Mahabir was turned down despite recommendations from three separate peer review committees, the school officials had argued Mahabir had not published enough scholarly papers.

Mahabir's suit had also accused San Jose State University President Robert Caret of discriminating against her because she is a woman of color.

James R Lynch, an attorney representing the university, said discrimination had no part in the decision.

"The feeling was that she had not met the standards for an award of tenure,'' he said.

At San Jose State University it is not enough to get good peer reviews. The dean's and president's reviews are also weighed in.

Mahabir also alleged that department chairman Cobie Harris, who is black, did not want a non-African American to teach black studies.

Mahabir, who has also taught at San Francisco State University before moving to a small college, has said in previous interviews that the denial of tenure left her with a "a hollow feeling inside".

After the settlement was reached Caret said that "the university is confident that tenure was not denied for any improper reasons".

Caret asserted that Mahabir "will not receive tenure, nor will she teach" at San Jose State University. Though under the terms of the settlement, she was reinstated as a professor, she would have to resign the post in July. The school said she has been placed on administrative leave until then.

Mahabir said she was relieved that she does not have to deal with legal dispute anymore, and she is prepared to go on a job-hunting mission at major universities.

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