Group to intervene in lawsuit

A coalition is expected to file a motion in Detroit federal court today in hopes of intervening in the lawsuit filed against the University that challenges the use of race in the undergraduate admissions process.

The group, Citizens for Affirmative Action's Preservation, is being initiated by the NAACP Legal Defense and Educational Fund, the American Civil Liberties Union, the Mexican American Legal Defense & Educational Fund, students and Detroit lawyers.

Although lawyers from the coalition would not divulge specifics of the motion before this morning's press conference, they said in a written statement that its members want to become involved in the lawsuit because they have a direct stake in the case's outcome.

The suit was filed Oct. 14 by the Center for Individual Rights on behalf of two white applicants who claim they were unfairly evaluated in the College of Literature, Science and the Arts' admissions process and that less-qualified minority students were admitted over them.

LSA's admissions practices, the coalition argues, increase the number of minority students who attend the University, enhance the level of diversity on campus and make access to the University more inclusive and fair for black and latino/a high school students.

Lisa Baker, associate vice president for University relations, said the University has not yet been directly contacted regarding the coalition's attempt to intervene in the lawsuit.

"We don't know what the content of an intervention will be," Baker said. "We will have to study it once it has been filed, but clearly, there is an enormous amount of interest presented by the lawsuit."

High school students from the metro-Detroit area who say they will be closely affected by the lawsuit are scheduled to appear at today's conference which was called by the coalition.

Bob Galardi, Ann Arbor Pioneer High School Principal, said he has not been contacted by coalition attorneys who may be seeking high school students to participate in the intervention, but that the concept would not surprise him. Galardi said he is not opposed to the student participation.

Galardi said Pioneer High School is the top feeder of students into the University, with about seven to eight percent of each graduating class enrolling in the University. The interests of the coalition could easily coincide with that of Pioneer students, he said.

"I don't see affirmative action as artificial," Galardi said. "I see it as an important aspect of what we do."

Robert Sedler, a Wayne State University constitutional law professor, said if the court permits the intervention, the high school students will be the actual third party to intervene in the lawsuit, not the lawyers or the organizations leading the coalition.

"They will claim an interest in the lawsuit, which is an interest in getting into U of M," Sedler said.

Baker said she is not surprised that other parties want to become involved in the lawsuit.

"This is a matter that affects a great many people, so naturally people will want to become involved in some way," Baker said.

Sedler said that after the coalition files its motion to intervene, both the plaintiffs and the University will have the opportunity to respond before the judge makes a final ruling.

"I would expect the intervention (decision) will be delivered in a month or so," Sedler said.

02-05-98