AROUND HIGHER EDUCATION: Minority scholarships ruled unconstitutional

The Federal Court of Appeals for the Fourth Circuit ruled yesterday afternoon that the University of Maryland's racially-based scholarships are unconstitutional and violate students' civil rights. The three-judge panel based in Richmond, Va., rendered its decision in Podberesky v. Kirwan and held that the University of Maryland at College Park failed to present sufficient evidence that a race-based scholarship is necessary and legal on its campus. In 1990, Daniel J. Podberesky, a Hispanic student, applied to the University of Maryland as a freshman. While applying, he requested to be considered for a four year, full-tuition, non-need-based scholarship under the school's Benjamin Banneker Scholarship Program. Podberesky's academic qualifications, which included a 4.0 high school GPA and 1340 SAT score, would, by the school's own admission, have qualified him for a Banneker Scholarship. But, according to the University of Maryland officials, the Banneker Program is for black students, not Hispanic students. Podberesky filed a lawsuit naming the University of Maryland and its President, William E. Kirwan as the defendants. The suit accused the Banneker Scholarship Program of violating his Fourteenth Amendment rights as well as infringing upon his civil rights under Title VI of the Civil Rights Act of 1964 -- the federal statute prohibiting racial discrimination in any federally funded program. University of Maryland's lead attorney, Dennis Bloomer, argued the Banneker Program was created as compensation for former policies that discriminated against black students. The school did not allow black students to attend before 1958. "The university created the program as a desegregation program mandated by the Office for Civil Rights," said University of Maryland Counsel Andrea Levy. "The university almost had its funding revoked from the state [because of insufficient desegregation programs]." The original suit was filed in 1990 in U.S. District Court, which decided in favor of the university. The plaintiff immediately appealed to the U.S. Court of Appeals for the Fourth Circuit. This court, however, remanded the case back to the district court level for further action. The appeals court stated that in order for the program to be considered appropriate, the University of Maryland would have to present evidence that discrimination exists on its campus and that the Banneker Program could remedy it. The school launched an investigation which found several vestiges of discrimination still existent at the university, such as a hostile campus climate and low enrollment, retention and graduation rates for University of Maryland African American students. Following the published results of this research, the U.S. District Court once again ruled in favor of the defense. Podberesky appealed this decision for the second time. The U.S. Court of Appeals for the Fourth Circuit decided yesterday that the contents of the university's report were unconvincing and insufficient. It stated that giving scholarships to black students who do not qualify for need-based financial aid is not appropriate compensation because these students are not the group of African Americans that have been traditionally discriminated against, according to court records. The University of Maryland can now appeal the case to the Supreme Court. "This decision, if affirmed in the Supreme Court, would be the death knell for all minority scholarships," said Richard Samp, counsel for the plaintiff. "[The decision] will help move us toward a color-blind society." The defense would not comment except to say they are "tremendously disappointed," and that they are still reviewing the decision. The decision does not explicitly say what actions need to be taken, but according to Samp, Podberesky will probably receive $35,000 compensation for his undergraduate tuition. Samp added that because most colleges offer racially-based scholarships, the court's directives will be difficult to implement. This decision will affect all schools under the jurisdiction of the U.S. Court of Appeals for the Fourth Circuit including Maryland, Virginia, West Virginia, North Carolina and South Carolina.

Please note All comments are eligible for publication in The Daily Pennsylvanian.