Law Schools

Is ‘Token’ Remark Racist? Issue Arises in Latest Suit Against Duquesne Law School

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A Duquesne University law professor’s bias suit filed this week raises the question whether a reference to a “token” candidate is racist.

It’s the third bias complaint filed against the Pittsburgh law school. This time the plaintiff is Kellen McClendon, and his racial discrimination suit, filed this week, stems from his application to be dean of the school in 2004, the Pittsburgh Post-Gazette reports.

McClendon targets provost Ralph Pearson, who headed a seven-member search committee that refused to give McClendon an initial interview in a 4-3 vote. According to the suit, Pearson said he voted against McClendon because he “did not want to advance a ‘token’ for further consideration.” School president Charles Dougherty later defended the token remark, saying it isn’t racist, McClendon asserts.

The law school responds that the remark was taken out of context, according to a July story covering McClendon’s claims in the Pittsburgh City Paper. Pearson commented after another member of the search committee said McClendon should be given a courtesy interview because he was a minority candidate and the school has a commitment to diversity, Duquesne asserts.

School spokeswoman Bridget Fare told the Post-Gazette that Duquesne denies McClendon’s allegations. She said the seven-member search committee reviewed 22 applications for the deanship, and decided against forwarding the application of McClendon and 13 others. “The decision was based on qualifications, and the process was fair,” she said.

Duquesne is also facing a discrimination suit by Vanessa Browne-Barbour, who sued over her rejected application for interim dean in 2008. Former instructor Alice Stewart has also sued the school, alleging retaliation.

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