With just four months left until his contract expires and an on-going investigation in place, Assistant Professor of Black Studies and Psychology Stanley Gaines continues to make new allegations, both in and out of court, about Pomona College’s actions with respect to his tenure case.

Gaines, a full-time faculty member since the summer of 1993, was denied tenure in September 1998. Since his denial, he has maintained that he was discriminated against due to his race, African-American. He subsequently filed charges of discrimination and retaliation through the Equal Employment Opportunity Commission (EEOC). Those charges are still pending.

By November, 1999, the number of charges had grown to five in all —two of retaliation and three of discrimination— as Gaines filed two additional charges with the EEOC stemming from his being denied sabbatical for the 2000-2001 school term. Gaines contends that, according to his contract, after six years of teaching he would be eligible for sabbatical leave, the next time frame being 2000-2001. "The college has not honored the contract that I signed," Gaines said.

However, Dean of the College Hans Palmer said that because Gaines’ contract will have expired by that time, he will be ineligible for sabbatical leave at that time. Acknowledging this, Gaines claims that technically he should still be eligible because he believes that the college acted against its own policy in its denial of his tenure and its handling of his contract thereafter.

In his latest allegations, Gaines now suspects that the college may be trying to "cover up its wrongdoings" by re-writing its policy. During the last faculty meeting on February 4, several changes to the Faculty Handbook were approved. The changes were made to sections pertaining to tenure review, promotion, renewal and tenure procedure. Gaines alleges that the college wanted to change its policy after the threat of charges on behalf of Gaines from the EEOC became more eminent. Because the changes were made at what Gaines claims was "the first opportunity the college had [to implement changes] after the threat from the EEOC became real," he sees a connection.

"I view the behavior of the college as one of changing its policy to fit its past actions," Gaines said. "I believe that it [the college] made the new policy changes to fit its past behavior towards me specifically."

Included in the various changes approved at the meeting is one stating: "As Pomona College does not have a standardized course evaluation used by all faculty, course evaluations distributed and collected in class will not be accepted as evidence of student evaluation." One of Gaines’ contentions for discrimination was that he was not allowed to submit what he calls "standard teaching evaluations" in his tenure review. Also included in the changes are revisions to the policy concerning sabbatical applicants.

"It upsets me because, with the new policy, it makes it seem as though the school was acting according to the new guidelines during my review, when they were really acting under the old guidelines," Gaines said.

Palmer denies both the allegation of a cover-up on the part of the college and its faculty, as well as Gaines’ contention that the handling of his tenure proceedings was different from that of any other professors. "The faculty’s recent changes to the Faculty Handbook were not related to Professor Gaines’ EEOC charges, and were made in the ordinary course of the faculty’s evaluation and revision of its procedures," Palmer said in an e-mail response.

Recently, Gaines discovered what he believes to be another case of the college changing policy to fit its past actions. In December 1992, then Assistant Professor of Russian Andrew Corin was denied tenure. The controversy in Corin’s case arose as a result of a negative letter being submitted by a faculty member after Corin had been interviewed. The faculty member had earlier endorsed Corin in his letter to the subcommittee reviewing his case. Due in part to the letter, the subcommittee reversed its initial recommendation of approval statement. After his denial, Corin also filed charges. Superior Court Judge William J. McVittie directed the College to reconsider the issue as to Corin’s tenure, but also advised that both sides enter mediation to resolve the conflict. A settlement has yet to be reached in the case.

Shortly after the dispute occurred, the college implemented a change to the Faculty Handbook mandating that a candidate for tenure be interviewed last, in order to allow the candidate to respond to major issues raised in the review process.

Corin admits to seeing a pattern of revising policy after the fact, but he is careful to jump to any conclusions of a cover-up at this time. "By changing the guidelines, [the school’s intention] wasn’t to stop my actions in the case," Corin said, "but they [the college] may have been motivated by my case. I guess you could say that there possibly could be a cause and effect between the two."

Ronnie Jones, President of the San Gabriel Valley NAACP, has kept in contact with Gaines concerning his case, as Gaines is trying to seek the help of outside organizations. Although unable to make a comment on the official case, as it is still pending, Jones did comment on Gaines’ new allegations of a cover up. "Hearing the changes they’ve [Pomona College] made regarding their policy for tenure, makes me believe that they have something to hide," Jones said.

President Peter Stanley was out of town and unavailable for comment on this allegation. However, Palmer again denied any changing of policy to fit past actions by commenting, "Prior revisions of the Faculty Handbook were not related to any case filed by Professor Corin."

For the time being, Gaines must wait until the EEOC finishes its investigation. There is no guarantee, however, that the EEOC will wrap up its investigation before the June 30, 2000 date at which Gaines’ contract will expire. Barbara Tucker, who is working on the case at the EEOC, has not given a definite deadline for the termination of the process. California state law prohibits Gaines from filing any personal lawsuits until the EEOC announces its findings.

"The main reason I continue to fight is the principle behind this all," Gaines said. "I hope that by making a stand, the college will be held accountable for its actions and that teachers will be judged solely on their qualifications."