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By Sharron Hannon
shannon@uga.edu
The University of Georgia--supported by the governor, the state attorney general, the chancellor and the University System Board of Regents--will appeal a July ruling by a federal district court judge in Savannah that challenges the university’s right to use race as a factor in the admissions process.
While the appeal is in progress, the university will suspend the use of race as one of several criteria used to make decisions about applicants with similar academic credentials in determining the final 10-15 percent of the incoming class.
The announcement was made by UGA President Michael F. Adams on Aug. 15, two days before the start of the new academic year. “There is a deep difference of legal opinion among courts ruling in this area of law, and university administrators nationwide are not sure what is legal and what is not when it comes to establishing admissions policy,” Adams said. “We have respect for the district court, but we shall appeal its interpretation of the law because we believe this case has the potential to be decisive in this issue of national importance.”
Adams said the decision to appeal was made in close consultation with state officials, Chancellor Stephen Portch and the regents. “The governor and the chancellor both have pledged the resources of their respective offices and their personal support for the goal of increasing minority enrollment at UGA,” he said. “They and I will be personally involved in our increased efforts to encourage qualified minority students to apply and enroll at the University of Georgia.”
Portch said he agreed with the decision to suspend the use of race as a criterion while the appeals process is being pursued. “To do otherwise now simply invites an injunction and an endless stream of additional lawsuits,” he said.
Currently, three more admissions lawsuits are pending against the university, all brought by Atlanta lawyer Lee Parks on behalf of white plaintiffs. Two involve undergraduate admissions and one admission to UGA’s School of Law.
UGA’s admissions process was patterned to comply with the U.S. Supreme Court’s decision in the 1978 Bakke case, which involved a white student who claimed he had been wrongfully excluded from the medical school at the University of California-Davis to make room for minority applicants. The court was sharply divided on how to interpret the Constitution and Title VI of the 1964 Civil Rights Act, which outlaws discrimination in programs or activities receiving federal financial aid. The deciding opinion, written by Justice Lewis Powell, condemned the use of quotas but ruled that admissions officers could take race into account as one of several factors in evaluating candidates in order to encourage diversity on campus.
In July, District Court Judge B. Avant Edenfield held that Powell’s ruling was not “controlling precedent” and rejected UGA’s arguments that the promotion of diversity in higher education is a compelling state interest. He ordered the university to admit the three white female plaintiffs in the case and to pay them the difference between their college expenses last year and what they would have paid to attend UGA.
The university extended offers of admission to the three, but has not paid the damages of some $9,200 pending outcome of the appeal. Funds for the legal defense are paid by a state legal defense fund administered by the Department of Administrative Services and are not from the UGA budget.
With other universities throughout the nation facing continuing litigation on the same question, a clear-cut decision must be reached, said Portch. “We are willing to assume a leadership role if it will help resolve this issue definitively,” he said. “It is in the interest of the state, the nation and the academic community.”
Board of Regents Chairman Glenn S. White said the regents consider the issues raised in the case important enough to support the appeal process. “We respectfully disagree with the district court’s ruling,” White said. “We are prepared to take any and all steps necessary to resolve this matter. We are truly committed to ensuring all Georgians have full access to educational opportunity; we can do no less.”
White said the regents will join UGA in seeking “bold and innovative ways” to provide access to the state’s flagship university.
Adams reiterated his commitment to “do everything possible legally, ethically and morally to achieve a student body that is diverse and well-rounded” and outlined several ways the university will continue and enhance efforts to reach qualified potential applicants. These include expanding pre-collegiate academic programs, increasing minority transfers from other institutions, building an expanded pool of minority students for recruitment and redoubling efforts to fund scholarships above and beyond tuition and fees.
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