Plaintiffs see silver lining in judgement

Although Common Pleas Court Judge Nelson Diaz yesterday ruled in favor of the University in the Mayor's Scholarship case, several community leaders said last night that the decision actually represents a victory for the community and insisted the matter is far from over. Diaz found that even though the 27 plaintiffs had no legal standing to pursue the class-action case, the trial opened up several possibilities for future legal action against the University. "It's a victory from a student standpoint," said Daniel McGinley, a member of the Philadelphia Association of School Admistrators -- one of the suit's plaintiffs. "Mayor's Scholars past and present who received loans, rather than grants, will now be able to pursue litigation for compensation." Diaz ruled that the University's current practice of awarding a $500 grant to Mayor's Scholars and then expecting students to "make up the rest in loans, work-study or pocket money" was "clearly a violation of the intent and aim" of the 1977 city ordinance mandating the scholarships. The verdict states that recipients of the awards who did not receive full grants should be entitled to reimbursement. "Any Mayor's Scholarship recipient, within the statute of limitations, who was awarded a loan instead of a grant in aid, or paid the cost of tuition out of pocket, or was awarded a Mayor's Scholarship for less than four years should be entitled to a full reimbursement of what he or she has expended for the payment of tuition," the ruling states. McGinley noted that because the ruling granted Mayor's Scholars themselves legal standing, they can take legal action to obtain reimbursement for loans they paid back to the University. Glenn Bryan, the University's director of community relations, said it had not occurred to him that the verdict might have future implications. "I haven't given that aspect too much thought," he said. "We're going to go about our regular business in the community." City Councilmember Angel Ortiz agreed with McGinley in saying that the verdict allows for future lawsuits against the University to "right some wrongs," but said he was disappointed by yesterday's ruling. "It just saddens me that he selected the way he did," he said of Diaz's ruling. "It's a funny way to decide a court case and I don't buy Penn's argument either." "[The University and the city] have not lived up to their obligations," Ortiz added. "You can be sure this matter will be pursued further."

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