In 1992, after CUNY had subjected Italian American Students and Professors to 
decades of Discrimination, later described by a judge as "unconscionable", 
"adverse", and "vicious", IALDHEF, in support of the Italian American filed 
suit. 

The heroes of IADHEF are Richard Grace, William Fugazy of the Coalition of 
Italo-American Associations, Vincent Romano of the Sons of Italy, the 
leadership of the National Italian American Foundation, the National 
Organization of Italian American Women, and Senator Guy Velella. 

There are in need of funds to continue this battle. 
================================================

ITALIAN AMERICAN LEGAL DEFENSE AND HIGHER 
EDUCATION FUND NEWSLETTER

CITY UNIVERSITY FIGHTS IMPLEMENTATION OF 
DISCRIMINATION AGREEMENT

by Philip F. Foglia

In 1992, after an extensive hearing with voluminous evidence,
Federal District Court Judge Constance Baker Motley issued a landmark
decision in Scelsa v. CUNY. Judge Motley correctly identified the
attitude of CUNY toward Italian Americans by noting that "CUNY pays
little attention, if any, to the work, goals and concerns of the
(John D. Calandra Italian American) Institute and Italian Americans
in general." 

Judge Motley termed the discrimination an underrepresentation
of Italian Americans "unconscionable." The Judge also described
the treatment of one Italian American woman as "vicious" and indicated
that the evidence "showed numerous examples of individual Italian
Americans who suffered adverse employment decisions without any
satisfactory explanations. "

Faced with this scathing condemnation of a public university and
the resultant embarrassment, CUNY entered into a settlement agreement
in 1994 to end discrimination against Italian Americans. However,
rather than work cooperatively to end discrimination and deal
equitably with individuals who were its victims, CUNY has spent the
last two years avoiding its obligations and searching for loopholes
in the agreement.

CUNY's initial move was to hire the first Italian American ever
for its legal department - and then immediately assign him the task
of trying to avoid the settlement agreement. CUNY then dragged its
feet in implementing its commitments to the Italian American
Institute; with providing a utilization analysis of Italian Americans
at the University; and with the appointment of a Distinguished
Professor of Italian American Studies. Only under the pressure of
a pending Federal Court action was progress made in these areas.

Still, CUNY has steadfastly avoided resolving individual claims of
discrimination. On the eve of arbitration, CUNY challenged the very
right of the individual grievant to arbitration, despite the fact that CUNY 
had agreed to the process. Utilizing yet another delaying tactic, 
CUNY is attempting to have some individuals pursue their
claims through administrative agencies like the Human Rights
Commission. Rather than live up to its commitment to arbitrate,
CUNY's once again displaying ill will and lack of regard to Italian
Americans, choosing to test the resources and patience of the
individuals involved and of the Legal Defense Fund.

Displaying our resolve, the LDF has hauled City University back to
Federal Court. Our case is currently under consideration by the 2nd
Circuit Court of Appeals on a procedural point testing whether a
settlement agreement of the sort now in place can be enforced by
the Federal Court which presided over it - or if it must be pursued
in State Court as a contract action. These are fine legal points,
but indicative of CUNY's mindset to litigate rather than reconcile
its differences with our community.

Our determination to prevail must be as resolute as CUNY's contempt
for our community in its effort to deny justice to our fellow Italian
Americans. CUNY's thinly veiled disdain is a challenge to the spirit
of our cohesiveness as a community. CUNY embodies the sinister,
smug, pseudo intellectual bigot who condescends to our community.
Our efforts in the months and years to come may well be our defining
moment as a community.

[Photograph Deleted: LDF Board keeps abreast of latest information
affecting our community.]

[Photograph deleted: Philip Foglia is a partner in the firm of
Culleton, Mannaccio & Foglia of White Plains. Mr. Foglia, Mr.
Mannaccio and colleague Howard Birnbach are the primary attorneys
in Scelsa v. CUNY.] 
----------------------------------------------------------------
ABOUT THE IITALIAN AMERICAN LEGAL DEFENSE FUND: 
A Brief History 

by Dr. Thomas A. Borgese, President

[Photograph deleted: Dr. Thomas A Borgese is Professor Emeritus
and a former member of the Doctoral Faculty in Biology at CUNY.]

The Italian American Legal Defense and Higher Education Fund (The
Legal Defense Fund) is a non-profit, tax exempt organization which
was incorporated in late 1989. It supports no political party or
ideology. Its Board of Directors then consisted of 6 full-time
university professors - its bank account had zero assets, and - it
had the consulting services of a pro-bono attorney.

The Legal Defense Fund (LDF) was created out of necessity. It was
organized to investigate allegations of discrimination against
Italian Americans principally, but not exclusively, in higher education, 
and when the evidence merited it, to seek redress through legal
intervention.

In 1990, allegations of discrimination became the subject of a
class action law suit filed by the Legal Defense Fund on behalf of
faculty and staff at City University of New York, the John D.Calandra
Italian American Institute, and its director, Dr. Joseph V. Scelsa.

The recently appointed chancellor of the university, W. Ann Reynolds,
apparently perceiving the Institute's director to be the principal
spokesperson for the aggrieved complainants, sought to retaliate.
In a letter discovered by our attorneys, Chancellor Reynolds had
written to one of her administrators, "Let's Zap this guy," referring
to Dr. Joseph Scelsa.

During that Labor Day weekend, Chancellor Reynolds ordered Dr.
Scelsa to vacate his offices within 24 hours. Dr. Scelsa and two of
his staff would have to move to markedly inferior quarters in
Manhattan without telephones, desks or chairs. The Institute itself
and most of Dr. Scelsa's staff were to be relocated to the College
of Staten Island.

On the Tuesday immediately following Labor Day, the Legal Defense
Fund filed a preliminary restraining order enjoining the University
from preceding with its eviction plans. In a further action, the
LDF obtained a temporary restraining order preventing the University
from taking any retaliatory action against the Institute until an
opinion was rendered in Federal Courtor until the parties reached
a settlement.

The Settlement Agreement

The evidence of discrimination was so compelling that Judge Constance
Baker Motley stated in her legal opinion that Chancellor Reynolds
was "Disingenuous", and suggested that University administrators
had been less than forthright, that the University had treated
some Italian-Americans shamefully, and that the University had failed
to live up to the promises made to the Italian American community
by former Chancellor Dr. Robert Kibbee .

Two years following the filing of the injunction, the University
and the LDF agreed to a settlement by which the Institute remained
centrally located, Dr. Scelsa remained as its director, academic
affiliation as a research institute at Queens College would transpire,
the cases of 43 Italian Americans would be resolved by arbitration
- without exception - by the American Arbitration Association and,
our attorneys' fees (approximately $400,000) were to be paid by
the University. Recently, the reluctance on the part of the University
to comply with all the terms of the settlement have forced us, once
again, into Federal Court.

Our Financial Lifeline

A number of important individuals and Italian American organizations
have stood with us and provided the LDF with practical as well as
moral support during this David and Goliath struggle for Italian
American civil rights. To Richard Grace and William Fugazy of the
Coalition of Italo-American Associations, to Vincent Romano of the
Sons of Italy, to the leadership of the National Italian American
Foundation, the National Organization of Italian American Women
and to Senator Guy Velella, who believed in our cause from the
beginning and, whose convictions helped mobilize a solid block of
Italian American legislators in Albany, our deepest expressions
of gratitude remain totally inadequate.

The LDF has no benefactors! We have no one who can write a check
for $10,000 or $50,000 or$100,000, at least not yet. For the present
we count on the $10, $50 and sometimes the $100 contributions of
individuals like yourselves who believe in what we are trying to
accomplish.

It has been said that "Opportunity without talent is lost, but
talent without opportunity is wasted".

With your support we will help insure that talented Italian Americans
will not have to be denied legitimate opportunities because of
prejudice and discrimination!
---------------------------------------------------------------
THE ITALIAN AMERICAN LEGAL DEFENSE FUND NEWSLETTER: published by 

THE ITALIAN AMERICAN LEGAL DEFENSE HIGHER EDUCATION FUND
Send your comments and suggestions to:  
THE ITALIAN AMERICAN LEGAL DEFENSE FUND
SUITE 1180 
1120 AVENUE OF THE AMERICAS 
New York, NY 10036