What is most interesting about the complaint is that it alleges policies that would violate core academic freedom principles from the content of his classes to grading. He alleges that he was told to adopt a race-based grading system. Specifically, he alleges that the failure to grade minorities on par or better than whites would be treated as de facto racist …

If true, Penn State was stating that a racial differentiation in grading result would be treated a de facto discrimination. If such a differentiation existed for a faculty member, it would require elevating or lowering scores based on race. Some of the other allegations could be matters of interpretation and personality conflicts. However, the attributed comment on assuming discrimination from race-based results suggests a cognizable policy.

[Remember stories about convincing “socialist” students of their folly by proposing to redistribute their test scores? This lawsuit alleges that it has gone from cautionary tale to reality at Penn State. It still remains to be seen whether the plaintiffs can prove this, but does the possibility really surprise anyone? — Ed]