Penn cleared in federal race bias lawsuit

Dismissing charges of racial discrimination and grade tampering, a federal district court jury on Thursday ruled in favor of the University. In March 1999, Cleaven Johnson, a former School of Social Work student, filed a $10.6 million lawsuit against Penn. Testimony ended Wednesday and closing arguments were given on Thursday. The jury deliberated for approximately four hours before returning with a verdict in Penn's favor. "This is a vindication for the School of Social Work and an important victory for the principle of academic freedom," University Deputy General Counsel Wendy White said yesterday. Johnson now has the option of appealing the case to the third circuit court. Johnson's lawyer, Rosalind Plummer, could not be reached for comment. The plaintiff's case centered on a failing grade he said was due to race discrimination and retaliation by a professor for a discrimination grievance he filed against her earlier in the semester. Three former students in the Social Work program, Johnson's field supervisor at the Hospital of the University of Pennsylvania, Jack Basset, and two long time friends testified for the plaintiff. Additionally, an expert witness testified that Johnson had been diagnosed with post-traumatic stress disorder as a result of his alleged mistreatment. Penn presented evidence that Johnson failed the course because he did not meet its academic requirements. Associate Dean Harold Arnold, the accused professor, chairwoman of the School of Social Work's grievance panel Roberta Sands and Johnson's academic advisor testified in support of this view. School of Social Work Dean Ira Schwartz said he determined that Johnson's claims were unfounded after the grievance was filed within the school. "I personally met with Mr. Johnson after the whole thing was reviewed and told him how I felt," Schwartz said. "I told him that if he seriously felt he had been wronged he should file a lawsuit." Schwartz added that while racial tension may exist at many schools, the School of Social Work has an excellent record in terms of race. "As a profession we're committed to social justice," Schwartz said. "[Additionally] we have the highest proportion of minority faculty in the school." In addition to finding against the claims of race discrimination and retaliation, the jury found that Penn had not committed a breach of contract by failing to provide Johnson with a group meeting with his professors, which is sometimes granted to students at risk of failing. Penn provided evidence supporting the claim that officials sufficiently complied with the University handbook by providing individual meetings with Johnson's professors, advisors, and deans.