A federal judge in Houston has tossed out a civil rights lawsuit by an untenured faculty member who claimed his university was getting rid of Asian faculty members to replace them with Hispanics.
U.S. District Judge Kenneth Hoyt ruled in early December that Dr. Fuming Wu offered insufficient evidence to support his allegation that Texas A&M University International University’s branch in Laredo (TAMIU) had “an employment strategy that aims to change the faculty portfolio to match that of the student population.”
Hoyt also found that the university had sufficient non-discriminatory justifications not to renew Wu’s contract based on lack of collegiality, poor teaching performance and insubordination.
Wu, who represents himself, filed a notice of appeal in mid-December.
In January 2006, Wu joined the faculty as a tenure-stream but non-tenured assistant professor of computer science in the College of Arts and Sciences. He received “exemplary” or “highly proficient” performance reviews in 2006 and 2007.
However, conflicts arose between Wu and the chairman of his department, Dr. Rafic Bachnak. As a result, the chairman and the college dean, Thomas Mitchell, determined not to reappoint Wu, effective May 31, 2010. The provost, Dr. Pablo Arenaz, approved their decision.
After being notified of the non-renewal, Wu requested an evaluation for 2008. It was unsatisfactory, and he appealed to the University Grievance Committee, which found that he had been unfairly evaluated, but TAMIU’s president reversed the committee’s finding.
