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Gray (P) was an instructor employed at LaGuardia Community College. P was black and in his first year received satisfactory peer reviews and an excellent student evaluation. He was not advanced. In his second year, his peer reports came back as unsatisfactory. P was then informed that a third-year teaching would be conditional. P disputed the findings as unfounded and racially motivated. Promotions to rank of assistant professor were continually denied. P even after five years held additional degrees including a Juris Doctor and an M.B.A., was not promoted. A committee in his department voted 3-2 for promotion and reappointment, but the college-wide committed rejected his application. P sued for racial discrimination under 42 U.S.C. ¤1981, 1983, and 1985. P presented interrogatories to committee members who refused to answer on grounds of privilege. The trial court agreed with D and P appealed.

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