Firm files lawsuit challenging University's admissions policies

By Jeffrey Kosseff
Daily Staff Reporter

The Center for Individual Rights, the law firm that filed the precedent-setting Hopwood affirmative action case in Texas, filed a class-action lawsuit challenging the University's admissions policies against the University's College of Literature, Science and Arts. University President Lee Bollinger and former President James Duderstadt are also named as defendants in the case.

Jennifer Gratz, who was rejected from the University in 1995, and Patrick Hamacher, an unsuccessful 1996 applicant, are named as the two plaintiffs in the suit, which was filed in Detroit Federal Court today. The lawsuit claims that because the two are white, they were treated "less favorably in considering their applications for admission to the LSA college.

"Race should never be a factor," Hamacher said in an interview with The Michigan Daily today.

Hamacher contacted the office of state Rep. Deborah Whyman (R-Canton) after he read a newspaper article about the University's affirmative action programs. Whyman, along with three other state representatives, referred him and hundreds of other students interested in filing a lawsuit to CIR.

He said he was upset that minorities with lower qualifications gained acceptance to the University. With a GPA slightly under 3.4 and an ACT score of 28, Hamacher claims he was qualified for admission to the University.

"I had seen other kids getting in, and they had much lower credentials that me," said Hamacher, who is currently a student at Michigan State University.

Gratz, who attended high school in Southgate and graduated with a 3.765 GPA and ACT score of 25, said she hopes to change an admissions system that she believes is flawed.

"I felt like there was a wrongdoing," Gratz said. "The policies need to be changed so nobody has to go through what I went through."

Terry Pell, a CIR spokesperson, said the lawsuit against the University has the potential of setting precedent similar to the Hopwood case.

"The admissions system here is more egregious than the Hopwood case," Pell said.

Pell said he hopes the suit will move along in court "expeditiously."

Under the case of Bakke vs. California, which is the Supreme Court ruling that set current precedent in the area of affirmative action, a university or college may use race as one of many factors in admission. The lawsuit, however, claims "race was one of the predominant factors (along with scores on standardized admissions tests and high school grades) used for determining admission."

The complaint states that Gratz and Hamacher suffered "humiliation, emotional distress, and pain and suffering" as a result of being rejected. The suit demands that the court award the students financial compensation, declare the University's admissions policies violate the 14th Amendment and order the University to admit Hamacher as a transfer student.

The lawsuit states that Hamacher intends to transfer to the University from MSU "if the discriminatory admissions system described herein is eliminated."

University Provost Nancy Cantor said the University is a prime target for a Hopwood-style lawsuit.

"We are a highly selective, large, public university that is committed to diversity," Cantor said.

The lawsuit, Cantor said, will not damage the University's academic reputation.

"We are known as a superb university that is committed to providing a quality education," Cantor said.

Duderstadt, who was University president from 1988-1995, said that being named as a plaintiff in a lawsuit is old hat to him.

Because the University offers education to people from all classes and races, Duderstadt said it is a likely candidate for a lawsuit.

"We are perhaps the most striking example of the Jeffersonian concept of an institution of higher education," Duderstadt said. "We are regarded as one of the leaders in higher education. Our success makes us a target."

Duderstadt said the University's admissions policies are not different from affirmative action programs at other universities.

"The particular mechanisms we use are not unlike those in other institutions," Duderstadt said. "Michigan has always been out front in its commitment to diversity."

In a meeting of the faculty's governing body yesterday, Bollinger said that if the University loses a case that challenges its affirmative action programs, the administration does not have a back-up plan. Bollinger said a back-up plan at such an early stage would be a sign of weakness.

"I think the administration is firmly committed to diversity," Bollinger said to the Senate Advisory Committee on University Affairs.

Philosophy Prof. Carl Cohen has been looking into the University's admissions policies. In a 10-page report, Cohen found minorities were given greater preference in admissions.

For example, his study compared students with GPAs between 2.8 and 2.99 and SAT scores between 1100 and 1190 who applied to LSA in 1994. Eleven percent of the non-minority applicants were accepted, while all minority applicants in that category were granted admission.

Whyman said she hopes this case will eliminate any preferential treatment received by minorities.

"This is a big day for us, the people who are fighting discrimination," Whyman said. "We have good plaintiffs who were selected because they have outstanding cases. You want to have the strongest plaintiffs possible for this type of suit."

In a written statement, Bollinger said diversity has always been a goal of the University.

"Since its founding, the University of Michigan has been committed to providing an education to the widest range of students," Bollinger said. "Throughout our history we have included students from diverse geographical, racial, ethnic and socioeconomic backgrounds."

Some students claim the University's affirmative action programs should be made stronger.

"The University still needs affirmative action," said RC sophomore Micha Holmquist. "The consequences of removing affirmative action would be horrendous. I would be in favor of additional efforts to recruit students from non-middle class backgrounds."

John Truscott, a spokesperson for Gov. John Engler, said Engler will not take a position on the lawsuit because Rep. David Jaye (R-Macomb), one of the lawmakers organizing the suit, is a candidate for the Republican nomination to a state Senate seat.

"We are not going to get involved or do anything to influence the primaries," Truscott said.

Although the state has laws that mandate equal opportunity, Truscott said they do not cover the area of affirmative action.

"The University of Michigan has more progressive programs than the state," Truscott said. "Our constitution gives the universities' governing boards, so state laws do not affect them."

The University has retained the law firm of Wilmer, Cutler, and Pickering to handle the case. John Pickering, a partner in the firm, said he has not yet seen the lawsuit complaint.

Jaye said the case will be strong because he believes the affirmative action programs at the University are extremely discriminatory.

"The U of M's minority preferences are so extreme that any Michigan resident would do well in court if they challenged the policies," Jaye said. "The U of M is so unfair, un-American and evil. This will be the great battle to eliminate affirmative action nationwide."