A former Central Washington University professor’s case against his former employers can proceed to trial over the objection of the university.
Jose Riera, a former lecturer in the Department of Information Technology and Administrative Management, alleges defamation, wrongful termination, and free speech infringements.
Riera had called the campus police to conduct a welfare check on an elderly woman who he said looked confused and distressed. The incident prompted a campus controversy over alleged racial profiling.
Most recently, the university sought to proceed to summary judgment, according to court documents reviewed by The College Fix. But after a mid-June hearing, that request was not granted, and a jury trial has been scheduled for December.
A marketing and communications representative of Central Washington University told The College Fix officials have “no comment” at this time.
The crux of the controversy centers on a situation that occurred in April 2024 when Riera reported a person who appeared to be confused and in some distress, struggling to maintain their balance, according to his lawsuit, which added he reported the situation to campus police under the university’s “see something, say something” policy.
As The College Fix previously reported, the woman was then identified as Bobby Cummings, an 80-year-old blind African American professor and director of the university’s Africana and Black Studies program. Riera, a Latino, alleges in his lawsuit that he had never heard of Cummings before and did not know of her race when he reported her to campus police.
Images of Cummings from the responding officer’s body camera provided in Riera’s amended complaint (pictured) appear to corroborate that. She is dressed in a headscarf and large sunglasses, which nearly completely cover her face, as well as a large jacket and long pants.
The officer asked her to produce her ID, which she did, explaining that she had “walked from downtown and was resting in Samuelson Hall before continuing on to her office,” according to the complaint.
But Cummings felt that she had been racially profiled and complained to administrators about it, the suit alleges. Riera was “stunned by the accusation,” his lawsuit claims, as he was “deeply committed” to racial equality and academic inclusion.
According to Riera’s complaint, although no names were cited, the incident was discussed at a faculty senate meeting, and the minutes — emailed to all faculty — summarized it as “blatant racial profiling.”
The university also put out a statement.
“In response to the event, President [Jim] Wohlpart described it as a challenging moment for the university’s commitment to becoming a ‘model learning community of equity and belonging.’ He reassured the community via an email on April 8, stating that the university was engaging all parties involved to ensure their safety and support,” Source One News reported at the time.
Ultimately, the university’s internal investigation led to Riera’s separation from CWU. His complaint now alleges that the public university could not retaliate against its public employee for free speech, and that they defamed him by spreading false information. He also claims wrongful termination and due process violations.
Reached for comment this month, Riera declined to discuss specifics of the case with The College Fix, but did say he believes complaints by faculty following campus procedures are not uncommon.
Currently a trial is underway in Los Angeles in which UCLA Professor Gordon Klein is suing administrators for allegedly ruining his reputation after he refused a request to grade black students more leniently amid the George Floyd riots.
In April, the University of Louisville settled for $1.6 million with Dr. Allan Josephson, a psychiatrist they had terminated over his views on transgender medicine.
At the time of the decision, ADF Senior Counsel Travis Barham released a statement saying “Hopefully, other public universities will learn from this that if they violate the First Amendment, they can be held accountable, and it can be very expensive.”
And former Bloomsburg University Dean Jeffrey Krug won his case in 2024 on free speech concerns after reporting a harassment issue to the university’s Title IX coordinator, according to WVIA.
MORE: CWU professor fired for calling cops on black colleague sues for defamation
IMAGE CAPTION AND CREDIT: A court room’s jury box is pictured / Shutterstock