Jesús Rivas-Molina New Mexico Highlands Lawsuit: Professor Alleges DEI Retaliation

• Jesús Rivas-Molina, a biology professor at New Mexico Highlands University, is suing the institution for alleged retaliation and discrimination.
• The lawsuit claims NMHU disciplined him after he proposed a faculty diversity, equity, and inclusion initiative in March 2025.
• Disciplinary actions included removal from his department chair role, written reprimands, and administrative leave.
• Professor Rivas-Molina asserts these actions violated his free speech and equal protection rights.
• He alleges the university failed to investigate his discrimination claims and instead imposed further penalties, including probation and a threat of termination.

The lawsuit filed by Jesús Rivas-Molina in Las Vegas District Court asserts that the disciplinary actions taken by New Mexico Highlands University infringed upon his free speech and equal protection rights.

Jesús Antonio Rivas-Molina, a biology professor and department chair at New Mexico Highlands University (NMHU), has initiated legal action against the institution, alleging retaliation and discrimination. The lawsuit stems from events that began after Professor Rivas-Molina circulated a proposal for a faculty diversity, equity, and inclusion (DEI) initiative among his colleagues in March 2025. His message, sent to all faculty and administration, emphasized the importance of reinforcing diversity efforts within the university, particularly in an era where DEI principles face federal-level challenges.

Following the dissemination of his DEI proposal, several faculty members reportedly characterized Professor Rivas-Molina's initiative as "heteronormative, misogynistic, racist and unfairly biased." This backlash prompted Associate Provost and Associate Vice President for Academic Affairs Brandon Kempner to launch an investigation into the professor. Professor Rivas-Molina contends that this investigation, which he learned about in April 2025, was retaliatory. Subsequently, NMHU removed him from his position as department chair, issued two written reprimands, placed him on a performance-improvement plan, and imposed a last-chance agreement.

Professor Rivas-Molina's attempts to challenge the university's actions led to further disciplinary measures. He communicated his belief that the accusations were retaliatory to a faculty association, asserting that the faculty senate, faculty association, and the university were “marching at locked step with the federal government.” He also drew parallels between the criticisms he faced and the rhetoric used by white supremacist groups concerning DEI initiatives. Despite university policy, he claims NMHU failed to interview witnesses he identified during the external investigation.

In August 2025, Professor Rivas-Molina approached university officials, including Provost Kempner, to argue that the “enforcement of different treatment against him for handbook violations was discriminatory.” He alleges that officials then threatened to block his university email access, and he received his first written reprimand the following month. When he presented his discrimination complaints to the faculty senate executive committee, highlighting what he perceived as differential application of rules to white faculty members versus “brown people,” two committee professors responded by seeking no-contact orders against him and reporting him to Human Resources for discrimination and retaliation. Professor Rivas-Molina states that his own claims of discrimination were not investigated, and he instead faced additional penalties, including probation and an order to submit monthly reports on his progress toward being “more inclusive in his communications.” He was ultimately threatened with termination, and NMHU rejected a New Mexico Public Employee Labor Relations Board hearing officer's recommendation to rescind the initial disciplinary actions.

The lawsuit filed by Jesús Rivas-Molina in Las Vegas District Court asserts that the disciplinary actions taken by New Mexico Highlands University infringed upon his free speech and equal protection rights. As a Hispanic professor from Venezuela, he also alleges broader discrimination by the university, citing an instance where a professor from India reportedly departed NMHU after the institution failed to investigate racist comments made by another faculty member. The legal action seeks a court order to prevent the university from enforcing or maintaining the sanctions imposed upon him.

This case, a significant faculty diversity initiative legal challenge, underscores the potential legal risks universities face when navigating internal DEI proposals and subsequent responses. The allegations of retaliation and discrimination against Professor Rivas-Molina, particularly concerning his free speech and equal protection rights, highlight the complexities involved in managing academic freedom alongside institutional policies. The New Mexico Highlands University discrimination claims could set a precedent for how universities handle similar situations, emphasizing the need for transparent and equitable processes in addressing faculty concerns related to diversity initiatives.

This case highlights the legal risks universities face when responding to internal DEI initiatives, particularly concerning potential retaliation claims under free speech and equal protection rights. Compliance officers should review internal policies for handling such proposals and subsequent investigations to ensure they do not inadvertently create grounds for discrimination or retaliation lawsuits.

Source: Original reporting via Courthouse News Service.