BEYOND THE HEDGES: Supreme Court grants stay too late for those with re-written admissions policies

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Even though Texas institutes of higher education were surprised by the United States 5th Circuit Court of Appeals ruling in March that prohibits admission policies from considering race per se as a factor, many reacted immediately by discontinuing affirmative action programs that benefit minority students.

"The thing that disturbs me is the way so many people caved in so quickly," Texas Southern University President James Douglas said.

University of Houston law professor Michael Olivias agreed. "Schools and agencies that got out ahead of what even the court required surely have egg on their faces now," Olivias said."Usually, parties in a suit exhaust all their remedies before conceding. Here, even parties not in the case punted on the first down."

However, a stay was issued on March 19 to last for 30 days. The stay will be extended once the state appeals to the U.S. Supreme Court. This offers schools a chance to proceed with regular admission procedures for next fall.

Many feel that without alternate plans for minority enrollment, selective colleges -- Rice, the University of Texas, Texas A&M University and most graduate programs -- will suffer from a decrease in racial and ethnic diversity. Commissioner of Higher Education Kenneth Ashworth, to comply with the ruling before the stay, suggested that minority scholarship programs be targeted at the "educationally disadvantaged."

As Texas A&M Chancellor Barry Thompson said, "Any time a court writes about punitive damages against institutions not in compliance with its ruling, they get my attention. I'd be crazy if it didn't."

-- Compiled by Kathy Fisher, Asst. Copy Editor; Source: Houston Chronicle, April 21, 1996.

This item appeared in the News section of the April 26, 1996 issue.

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