Clark v. Claremont University Center & Graduate School

Plaintiff Reginald Clark, a former assistant professor at defendant Claremont Graduate School, an unincorporated division of defendant Claremont University Center, filed this race discrimination suit under the Fair Employment and Housing Act (Gov. Code, § 12900 et seq. (FEHA)) after being denied promotion and tenure. The jury awarded Clark $1 million in compensatory damages and $16,327 in punitive damages, and the trial court awarded Clark attorney fees of $419,633.13. Defendants appeal from the judgment. In the published portion of the opinion, we hold the verdict is supported by sufficient evidence. We affirm the judgment.

Facts and Procedural Background

Claremont Graduate School (Claremont) belongs to the six-member Claremont Colleges in Claremont, California. In May 1979, Claremont hired Clark as an assistant professor in its education department for a three-year term. Claremont renewed Clark’s contract for a second three-year term in 1982.

According to Claremont’s Rules Governing Appointments, Promotions, and Awards of Tenure (APT Rules), a full-time faculty member may not serve without tenure for more than seven years, including any years of prior experience…