by-passing the required faculty committee consideration. There was no evidence that it had been accomplished earlier or that it had been authorized in this or any other department of the University. The University contended that minutes were not always taken at committee meetings. The University, however, produced no credible witnesses who could even recall a meeting in which Dr. Turgeon was considered for reappointment for the term of 1979-81.
21. By letter dated May 25, 1979, Plaintiff sought a grievance hearing within the University, alleging, inter alia, that her termination was in violation of the University's procedures. A preliminary hearing in September of 1980 resulted in the denial of her grievance on the ground that she failed to demonstrate a violation of her academic freedom as outlined in the University Faculty Handbook. The Committee did not address her allegations of procedural misconduct.
22. Having exhausted her remedies within the University, Dr. Turgeon's charge of racial discrimination was filed timely with the Equal Employment Opportunity Commission and was referred to the District of Columbia Office of Human Rights. On June 28, 1979 the Office of Human Rights found probable cause to believe that Plaintiff had been denied reappointment to the faculty at Howard University because she is white. On December 10, 1979, EEOC issued a "Determination" concluding that there was reasonable cause to believe that Plaintiff's charge was true. On September 8, 1981, EEOC issued to Plaintiff a "Notice of Right to Sue." Plaintiff's complaint was filed in this Court within 90 days of her receipt of her notification of right to sue.
23. Contemporaneously with Dr. Turgeon's termination, two other white Assistant Professors, Gary Brasor, Ph.D and Helen Aguera, Ph.D were terminated. At the April 4, 1979 meeting of the Tenured Faculty Committee, Antonio Planells, Ph.D, also a white Assistant Professor, was terminated. At that same meeting, six Black Ph.D's without tenure were considered for reappointment. Five of these six Ph.D's were reappointed as a result of that meeting. The only Black Ph.D rejected at that meeting, Dr. Aleida Portuondo was subsequently retained on the faculty of Howard University at the recommendation of Chairman Martha Cobb and given tenure.
24. Many of the Black professors, specifically Maurice Lubin, Aleida Portuondo, and Karen Smyley, have been reappointed, promoted, or given tenure even though they were evaluated poorly by students or have ranked much lower than Plaintiff in the numerical ratings and rankings.
25. In addition to the above, other uncontradicted evidence adduced at trial from the University's own records showed that from the time Plaintiff began her employment in 1975 through 1981-82 the percentage of non-tenured Blacks in the Department of Romance Languages rose from 61% to 89%, and the percentage of non-tenured whites dropped from 39% to 11%. This resulted from the termination of white members of the faculty, retention of Black faculty members and the hiring of new Black faculty members. Between 1975 and 1982 twenty new faculty members were hired in the Department of Romance Languages, seventeen of whom were Black and only three of whom were white.
26. The statistical testimony, which accorded the University the advantage of assuming that the percentage of Blacks within the teaching profession in this specialty was 10%, showed that the mathematical probability of such a dramatic change in the racial composition of the Department of Romance Languages was infinitesimal unless race had been used as a basis for the Department's employment decisions.
27. The totality of the evidence adduced at trial, when coupled with the University's failure to explain or justify its actions through credible evidence at trial gives rise to a compelling inference of racially premised employment practices adversely affecting whites on the part of Defendant within the Department of Romance Languages.
Defendant's Articulation of Non-discriminatory Reasons for Plaintiff's Termination and Plaintiff's Demonstration of Pretext
28. Defendant Howard University advanced what it alleged were legitimate non-discriminatory reasons for the termination of Dr. Turgeon. These reasons were:
a. poor scholarly development, principally through the claim that the acceptance of Plaintiff's work for publication in Editions Naaman was not evidence of scholarship inasmuch as that publisher had no editorial board and "would print anything submitted for a price;"
b. that a student had complained that the content of one of Professor Turgeon's courses was "infantile;"