Author: mopress

  • Department of Education OCR Reviews Texas Higher Education

    Top Story of 1997:

    By Greg Moses

    (August 20, 1997) Officials from the Office for Civil Rights at the U.S. Department of Education are undertaking a major review of higher education in Texas, to determine if the state is in compliance with its legal obligation “to eliminate all vestiges” of segregation.

    The review is the first major study of Texas higher education undertaken by OCR since 1978-79. At that time, OCR concluded, “that the State of Texas has failed to eliminate the vestiges of its former de jure racially dual system of public higher education, a system that segregated blacks and whites” (Brown 1981, p.3).

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  • Key Documents in Texas Higher Education

    Reverse Chronology

    By Greg Moses

    1997: OCR and the National Black Law Students Association

    Cantu 1997: Letter from Norma V. Cantu, Assistant Secretary for Civil Rights; to Joseph Gourrier, Attorney General of the National Black Law Students Association; June 28, 1997. Two pages. Although the letterhead and typed salutation are from the Assistant Secretary, the actual signature is by “Raymond C. Pierce for NVC.”

    Cantu explains that OCR is investigating Texas higher education as a result of the 1992 Fordice ruling to determine, “the State’s compliance with its OCR approved desegregation plan and its efforts to eliminate all vestiges of the de jure system” (p.1).

    “Our activity in Texas began on Feb. 4, 1997 when we advised Governor George Bush that we would begin our review of the State’s higher education system” (p.1.).

    “During our higher education system review, the Title VI allegations of your complaint will be addressed” (p.2.) [Note: As Attorney General of the National Black Law Students Association, Gourrier filed a complaint in 1996 on behalf of black citizens in Texas, alleging that vestiges of segregation had not yet been overcome in Texas higher education.]

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  • Apartheid in Texas Agriculture: A Biography of "Affirmative Action" (Part 1)

    Presented at the National Association for African American Studies (Houston: Feb. 16, 1996)

    By Greg Moses

    In December of 1993, Dr. Garland McIlveen, Jr.–who is here with us today–filed a race discrimination suit in Houston federal court against the Texas A&M University System, alleging several counts of racial discrimination that have overshadowed the past decade of his career. Today, more than two years later, the lawsuit remains unreported by media in and out of Texas.

    The lack of public attention to McIlveen’s case is one of the peculiar factors which perpetuate a disturbing pattern of neglect and exclusion, not only for Dr. McIlveen, but for other black professionals in the extension services. Thus, I believe the case serves as an interesting paradigm for the tenacity of racism in our alleged age of affirmative action.

    Just this month (February, 1996), Dr. McIlveen learned that his pending lawsuit has been factored against him in his effort to win promotion as director of the Cooperative Extension Service at Prairie View University. Such news serves warning that black talent cannot win on white terms. Prompted to sue for his rights in the first place, Dr. McIlveen is now told, in so many words, that white power will decide when and where his rights shall be conferred. And so far, the time has not yet come.

    Dr. McIlveen’s experience as the great invisible man, curiously sacrosanct from media attention, raises serious issues of institutionalized racism which reach far beyond the borders of Texas or the timeframe of this decade. After 30 years of employment within the Texas A&M University System, Dr. McIlveen finds himself scrunched up against an impenetrable ceiling of opportunity. And with each passing year, the number of black professionals employed by the extension service dwindles.

    For as long as the Texas Agricultural Extension Service has existed, there has never been a black male promoted to district director, and Dr. McIlveen’s lawsuit revolves around the pointy question of why he was not interviewed for two such promotions doled out to less qualified white men.

    Dr. McIlveen’s lawsuit revolves around two documents obtained from the Texas A&M University System after a protracted open records search. They are called consent decree reports because they are records that the extension service has been ordered by federal courts to keep. These documents record important data about hirings and promotions.

    According to one of these documents, Dr. McIlveen was disqualified for the job of district director in 1990 because of his, “Lack of recent experience as a County Extension Agent, lack of broad understanding of the total Extension program and no supervisory experience.” Instead, the extension service promoted a white man with sixteen years less experience.

    True enough, McIlveen’s days as a county agent, from 1963 to 1971, were not “recent.” After earning his master’s degree from the University of Florida, Dr. McIlveen returned to Texas in the summer of 1972 and never again worked as a county agent. He went on to become a specialist in entomology, serving for a time in the very district that he would later be judged unqualified to direct.

    Another consent decree report explains that Dr. McIlveen was disqualified for a district director position in 1993 because of, “Lack of experience in Extension programming at the county level.” Once again the extension service promoted a white man with sixteen years less experience.

    “Mr. McIlveen has devoted the past 29 years of his life to developing a reputation and expertise in the field of entomology,” says his petition to the court. “During this time Mr. McIlveen has coordinated numerous programs and studies; secured grants or been a party to contracts totaling over $654,000; and authored many state and national publications, papers, news articles, studies and reports, including the development of international programs.”

    The lawsuit charges that Dr. McIlveen’s career has been hampered in various ways as promotions and pay raises failed to keep pace with his white, male colleagues. The suit alleges negligence, racial discrimination, and retaliation. Not only is Dr. McIlveen being held back for the color of his skin, says the lawsuit, but he is also being punished for filing an earlier lawsuit in federal court that he had the misfortune to lose in 1990.

    The previous lawsuit alleged a fact that was difficult to prove–was it race discrimination that caused him to fail a four-hour oral examination in 1986 while he was attempting to earn his Ph.D.? Certainly, he was the first African American to attempt the doctorate program in entomology at Texas A&M University, and records reflect that he was also the first student in the history of the program to be flunked for an oral exam. Did the fact that he was the first black in such a position contribute to his singular failure? The judge in this case ordered the jury to find Texas A&M not guilty. And the attorney who handled Texas A&M’s side of the case has since been appointed statewide director of affirmative action.

    To this day, Dr. McIlveen is convinced that he was flunked for the color of his skin, not the content of his intellect, or lack thereof. His major professor, however, at one time publicly insisted that Dr. McIlveen was not even up to the level of many undergraduates. Dr. McIlveen says he clearly remembers the professor laughing and poking fun during the oral exam, saying, “How about an uneducated guess, Garland?” But I have heard the professor say his own memory on the subject is hazy, and he doesn’t recall whether he laughed or not.

    But to bring this episode to a close, Dr. McIlveen persisted, won his way back into the Ph.D. program, passed the oral exam, completed his dissertation, and was awarded his Ph.D. at Texas A&M in the Spring of 1995. As the last lawsuit was dismissed by various establishments, the present case draws remarkable silence. Dr. McIlveen says he has been offered $20,000 to drop the current case and retire. “Can you believe it?,” he asks. (After 30 years of service, you get a glass ceiling and a check to cover your attorney’s fees?) “It’s insulting, really, when you think about it.”

    Getting to Know Garland

    It was shortly after the 1990 debacle in court that a friend of mine, Professor Bill Plapp, from the Entomology Department visited my office at Texas A&M University and sat very still until I agreed to look into the peculiar case of Garland McIlveen, Jr. Until Professor Plapp’s visit, I had a tidy theory, shared by many white Americans, which held that modern-day racism was largely born of ignorance and cultural inertia. White folks, I reasoned, were largely sincere about equal opportunity–they just didn’t know enough about their own residual prejudices. Professor Plapp’s visit changed all that.

  • Apartheid in Texas Agriculture: A Biography of "Affirmative Action" (Part 2)

    Presented at the National Association for African American Studies (Houston, Feb. 16, 1996)

    As Professor Plapp explained it to me, the extension service establishment would prevent African American empowerment within the traditionally all-white agency, and Dr. McIlveen would pay the price of this obstruction. As the first African American to enroll in the Ph.D. program in the Department of Entomology at Texas A&M, Dr. McIlveen was gathering impeccable qualifications for career advancement, and this would not be allowed.

    Professor Plapp encouraged me to help, because he believed Dr. McIlveen had been flunked from the Ph.D. program for reasons which had nothing to do with ability or willingness to learn. Not knowing where else to begin, I met with Dr. McIlveen, heard his incredible story, and began to file open records requests.

    Briefly, let me recount the early career of Dr. McIlveen, who grew up on a farm in East Texas, graduated from the segregated Prairie View College, and entered upon two years of obligatory service in the Army. In 1963, with a glowing recommendation from his commanding officer at Ft. Hood, Dr. McIlveen entered service as a Negro County Extension Agent, because, in those days, you were either, by title, a County Extension Agent or a Negro County Extension Agent.

    Dr. McIlveen’s early years at the extension service were marked by troublesome signs. He was quickly called upon to perform janitorial services at a boys’ camp and was subjected to a nigger joke told at a professional meeting on the Texas A&M campus. The Civil Rights Act of 1964, however, promised a new day of opportunity, and Dr. McIlveen hung in for the better, despite the worse.

    In the early 1970’s, Dr. McIlveen won entrance to a master’s program at the University of Florida campus at Gainesville. It took him a year to determine that he was indeed eligible to participate in the program as an extension service employee, and his bosses at the extension service wanted to revoke his development leave once he got there, but Dr. McIlveen managed to find his rights and hang on to them in spite of the provocations.

    After turning down an eight-page job description from the extension service with no salary attached, Dr. McIlveen returned to Texas, employed by the Cooperative Extension Service (CES) at Prairie View, apparently more in keeping with the color of his skin. As we shall see later, the extension services continue to operate according to traditional lines of race separation. The extension service at the College Station campus harbors the white tradition, while CES at Prairie View has been historically black. And the bottom line is this–while the extension service at College Station has been growing, the one at Prairie View has been steadily shrinking during the past decades.

    While these events were taking place in Dr. McIlveen’s life, another black employee of the extension service filed a class action lawsuit against Texas A&M alleging race discrimination. Mr. Preston Poole’s 1974 lawsuit in Texas was echoed at that time by legal challenges against extension services in North Carolina, Alabama, and Mississippi, all alleging similar problems of race discrimination. And Mr. Poole is with us in the audience today. As a result of Mr. Poole’s action, Texas A&M was made to pay cash settlements and was forced to integrate its headquarters operation at the College Station campus. As part of the ensuing settlement, Dr. McIlveen was brought to the College Station campus in 1977 as a specialist in entomology. Since that time, the few African Americans who were court-ordered with Dr. McIlveen into leadership at the extension service have been phased out of the headquarters staff, leaving Dr. McIlveen as their last legacy.

    In 1979, Dr. McIlveen enrolled in graduate school to pursue a Ph.D. in entomology, and we thus return from our brief digression about his early career in the extension services. Suffice it to say that Dr. McIlveen would find himself flunked from the Ph.D. program by 1986 and facing a federal judge in 1990, seeking redress for race discrimination. Dr. McIlveen’s day in court lasted about a day and a half before the judge gaveled the proceedings to a close.

    And this is how I found Dr. McIlveen when he was introduced to me: A man full of the most unbelievable stories you ever heard, one after the other, spanning decades of discrimination. And while his story continues to be ignored, the plight of black professionals in the extension service continues to deteriorate.

    The Meaning of the McIlveen Case

    After 80 years in the business, the Texas extension service has successfully guarded itself against any serious threat of integration. And informed sources indicate that the story is no better in other parts of the United States.

    But Dr. McIlveen would not let his rights die beneath his feet. After he was unable to secure interviews for promotions that went to white men with sixteen years less experience, he got a new lawyer and complained to the Equal Employment Opportunity Commission. After some time, the EEOC responded that it would not be able to conclude its investigation, but would allow Dr. McIlveen the right to plead his grievances, at his own expense, in federal court. And this he has done for two years, with the help of Bryan attorney Gaines West.

    All this brings us back to Dec. 6, 1993, when Dr. McIlveen’s current lawsuit was filed in Houston federal court. Soon after, we looked to the newspapers. Christmas passed, then New Year’s. King’s birthday, then Valentine’s Day. I called a few reporters, left a few messages, waited a few more months. How many days pass when some lawsuit or other is not reported page one? How many months pass when some scandal about Texas A&M is not in the paper? And yet this peculiar silence. Indeed, this black hole.

    After a long, hot summer I sent essays and background material to several editors. A month after that, I mailed copies of the court petition. I will name names: The New York Times, The Wall Street Journal, 60 Minutes, The Washington Post, The Associated Press, The Houston Chronicle, The Houston Post, The Dallas Morning News, The Fort Worth Star-Telegram, The Austin American-Statesman, and The San Antonio Express-News. If the media have a contract with the public interest, there must be an escape clause for Dr. McIlveen. His lawsuit would not be news.

    At the same time, Dr. McIlveen’s story was having a powerful effect on my students. Every semester I found some reason to tell the tale and present Dr. McIlveen for questions. Without fail, the power of his story, and the grace of his personality left indelible impressions on hundreds of young souls. And they wanted to know some things.

    How do you get through this? Why don’t you run away? Why aren’t you bitter? What would you do differently? Have the media been informed? Won’t the newspapers print this story? How is this possible? We thought–we all thought–this sort of thing couldn’t happen any more.

    UCLA Professor Lawrence Bobo is one among many experts examining racial attitudes in the U.S. And there are certain features of white opinion, documented by such experts, which help explain, if not excuse, the silence of the media when faced with a case such as McIlveen vs. Texas A&M. By and large, white folks do not acknowledge structural inequality in America, nor do they sense that prejudice is still widespread.

    In other words, white America today is like I was three years ago, or like my students before they meet Dr. McIlveen. We are simply not prepared to believe this sort of thing, and when the facts demand attention, we want to isolate their implications. Isolated incident. Just one man. He should have left the state. Startling allegations. No system is perfect. And so on.

    And so this is how I imagine that the media are reacting–no better or worse than white America itself behaves on a daily basis. For white America, Dr. McIlveen is the new invisible man. But the facts do point to a structural problem. The dots can be connected. Dr. McIlveen’s life is emblematic of a generation of black talent. The raw numbers tell us with each new year, that the black presence in the extension service is losing a war of attrition.

    Civil Rights, The Next Generation

    Having celebrated the thirtieth anniversary of the Civil Rights Act, it is time to take stock of the changes won as a result of that galvanizing law. When Martin Luther King, Jr. proclaimed his dream from the steps of the Lincoln Memorial, he said it was time for our nation to pay up. For too long, he said, America’s promise of equality had been kept like an unpaid debt.

    “It is obvious today,” said King, “that America has defaulted on this promissory note in so far as her citizens of color are concerned. Instead of honoring this sacred obligation, America has given the Negro people a bad check; a check which has come back marked `insufficient funds.’. . .”

    Taken in this context, King’s dream expressed the urgent hope that a great nation would soon find the means to fund its outstanding obligations. Either America would embrace all of its people, or there would be no America.

    How have we faced up to King’s challenge in the past 30 years? The answer, informed by the peculiar case of Dr. McIlveen, is that we have done worse than anyone might imagine. King’s mighty dream has become laughable, and America totters when it should be tilting toward democratic fulfillment.

    Since I do not want to be more negative than necessary, it is important to point out that the Civil Rights Act of 1964 had a profound effect on Texas A&M, instigating a radical shift in traditions. No longer would the campus be the exclusive domain of a white, male Corps of Cadets. The student population boomed from 5,000 to 42,000 in three decades.

    On the other hand, the civil rights bonanza at Texas A&M has largely benefited white folks. Whereas African American students were excluded from campus in 1963, they make up only 2.7% of the student population three decades later. (Texas is 12% African American, 25% Hispanic.) If the Civil Rights Act was conceived for the purpose of empowering African Americans, then it has had some success at Texas A&M, but by far the biggest beneficiaries have been white students.

    The Texas A&M paradox thus leaves African Americans in a frightful struggle for opportunity against crowds of white folks who have virtually monopolized the de-segregation boom. In fact it is possible to see a more vicious dynamic at work when the new crowds of white folks assume the cultural heritage left them by a white, male, militaristic institution. Under such conditions, you get the worrisome phenomenon witnessed in the Fall semester of 1994 as the public opinion of some 35,000 white students was galvanized by the charge of “reverse discrimination” leveled with public glee by the campus chapter of the College Republicans.

    Continuous with this swing of mood, the President of Texas A&M one year later vetoed a faculty recommendation to require some multicultural studies for every student. In sum, white opinion holds that white privileges are under attack and that white minds are imposed upon when required to take seriously nonwhite cultural contributions. The behavior of the Texas media in the McIlveen case has allowed such myths to flourish unchallenged.

    When County Agent Poole took his class-action case to court against Texas A&M, his loyalty was questioned. His final evaluation stated that he did a pretty good job working as a professional for the system for 30 years; nevertheless, County Agent Poole was not to be counted among the loyal. Somehow, Poole’s efforts to continue the struggle for civil rights were construed as opposing the “loyal” interests of the Texas A&M University System.

    Indeed, the first generation of the post-Civil Rights Era produced some heroes among us, but mostly, as Hunter Thompson swore, we were a generation of swine. When the Civil Rights Era began in 1964, the extension services in Texas employed about 125 African American professionals. Today, that number has dropped to 30. Yet Dr. McIlveen is viewed as an isolated case? Indeed, the only thing unique about Dr. McIlveen is his determination not to be swept along by the trend of his generation.

    Talk until your heart is Republican blue about the threat of reverse discrimination, but please study the facts. As far back as 1941 there were 85 African American County Agents in Texas. Today, the Aggies have cut that number by more than half. There have never been any African Americans ever to serve as County Agents in West Texas (west of Interstate 35 North) since the founding of the extension service in 1914. Since the Civil Rights Act, African American employment has been whittled away until, today, if you are an African American County Agent, chances are good that you work near Houston.

    Racism in the Agricultural Establishment

    Racism in the extension services is neither new nor surprising, and it is remarkably well documented. Immediately after the Civil Rights Act was passed, the U.S. Commission on Civil Rights (CCR) filed a report on the agricultural establishment: “the Commission found gross discrimination and inequity in a number of Department of Agriculture programs, particularly the Cooperative Extension Service.” Responding to these findings, the chief Civil Rights officer for USDA, “initiated, staffed, and received approval for a Departmental complaint procedure for extension workers who felt they had been denied equal employment opportunity because of racial discrimination.”