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Severely handicapped class arrives - The Lowell

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7*i- Lmrll. January !>. WSJ. fast 15<br />

.IN DEPTH<br />

-Equality or reverse discrimination?<br />

Student affirmative action programs<br />

Court rulings<br />

change policy<br />

By Irene Kuo<br />

Affirmance action ha.*, been a contnrvental<br />

contr-aponiry iwie, (uv-<br />

, ins been come»ieil in the count on a<br />

.number or e.vastom.<br />

During He 1970's. affirmamc action<br />

polk* a resulted in complaints<br />

that law. medical, and other professional<br />

school* wci -, denying admission<br />

to while applicant* in<br />

preference to minorities.<br />

Seven) major court cave* cnuicd.<br />

the most notable one King ihc<br />

Bakke case.<br />

In Rfffcnts of Uni\tnin ii<br />

California v. BaUr. Allan Paul<br />

r Bakkc. an American of Norwegian<br />

background, won the right M attend<br />

the School or Medicine at Univcnity<br />

of California at Davis.<br />

Bakke was admitted a'mwt »ix<br />

yean after he firrt applied- He had<br />

been rejected mice, dctpitc a grade<br />

point average of 3.M in engineering.<br />

In his urn against the univentty.<br />

he challenged its policy of reserving<br />

16sr^s in its freshman cla\* of<br />

100 for "minority" student* whom<br />

Bakke claimed were less qualified<br />

than he was.<br />

In stale court. Bakke charged that<br />

his civil right* were violated unJer<br />

the 14 Amendment tod Title VI of<br />

UK 1964 Civil Rights Act (the 14 th<br />

Amendment guarantees equal protection<br />

of lawi to all citizens; Title<br />

VI state that no penon can be<br />

discriminated sgainM became of hi*<br />

or her "race, color, or national<br />

origin," under any federally funded<br />

program or institution.)<br />

O.i June 28. 1978. the U. S.<br />

Suprrmc Coun decided Bakke<br />

ibould Le admitted, bu\ upheld the<br />

right of • uoivenity to use raw as a<br />

factor in Mlm i sifoos •<br />

Janice Lewis F. Pmll Jr. iaicd<br />

* ... preferring members o* any one<br />

group for no reason otlicr than race<br />

or ethnic origin is discrimination for<br />

iu own take."<br />

Justice Powell alsn stated that<br />

though attaining i diverse student<br />

body was a "oxs&utionaliy permissible<br />

goal for ui Institution or<br />

higher learning." this goal w*s improper<br />

if achieved through racial or<br />

ethnic quotas: an applicant's origin<br />

was "...but a tingle, though important,<br />

dement.<br />

Other simitar cases followed the<br />

BaUce case. Two of them were dub*<br />

bed "the Russian BV' case" and<br />

the Italian Baike case." However,<br />

t&e two cases resulted in different<br />

rulings.<br />

In the Russian Bakke caw, a<br />

Rauiao-born Jew named Rita Clancy<br />

sued ths medical school at U.C.<br />

Davii, cUiming "..a would have<br />

tees Bdmhtei had not the minorities<br />

program blocked me ind that I was<br />

fflcMfrf became I was white."<br />

Clancy, now married to an<br />

American lawyer, cited her family'*<br />

poverty, ihc fact lha; ihe had received<br />

public avtiuancc. and her deficiency<br />

in Engli\h a* ju\l cautc* Tor<br />

her to be admitted tn one of ilie 16<br />

\pot\ allocated for minoriticv<br />

By tSc ruling of the BaVke ca*e.<br />

Clancy w*\ admitted to the schrtil.<br />

In the Italon BaUc cave, ihc<br />

Supreme Court up-held a lower court<br />

ruing that denied Italian Amc ic»n<br />

Philip F. Di Leo the tight to we the<br />

University of Colorado School of<br />

Law for rejecting hi* application to<br />

its special admtuiom program.<br />

Di Leo wa. twice rejected for one<br />

of the 29 ilut* in the program<br />

ticcautc he didn't belong to one of<br />

the deprted "klcniifiablc group*"<br />

for which the program «at «ct up.<br />

namely. blacV*. Httpamc\, and<br />

American Indian*. <strong>The</strong> Colorado<br />

Supreme Coun ruled that he<br />

wouldn't hj/c qualified for the taw<br />

school's regular admmiont program<br />

and. tVrcforc. lactrd the<br />

legal funding o we the school.<br />

In itv relatively short hitltry. afftrnumc<br />

action hat urnct not only<br />

non-minorities, b»« member* of cer*<br />

tain minority group* a* well. In<br />

April I9S2. John H. Sunfkld.<br />

assistant professor of Sociology and<br />

Afro-American Studies at Yale,<br />

wrote:<br />

"In pan. it has been the liberal<br />

rhetor ir i'( atliftnamc action<br />

policies in t-i;her CJOCJIHKI and<br />

cmplojmcni tru: hj^ jnctmra^cd a<br />

Up%e of mcmor> thai the deC:[tration<br />

of public wboi>U — like paC<br />

white efforts of •pro-rcMive"<br />

mawive Mack srhoolirg — ha* been<br />

a nutter of white-conli'illed btacachiocment,<br />

not the ctrs, all of 'hc*e<br />

pcrccntagci arc low. cumr/^ircd to<br />

the general population, thus warranting<br />

their "under-represented"<br />

statu*.<br />

While SAA applicants must<br />

generally meet the same re*<br />

quiremenis as Jon-minority<br />

students. Title VI of the Civil Right*<br />

Act permits college* to "modify ad*<br />

missions criteria" if tiwy determine<br />

ihu it is necessary for a fair appnisal<br />

of the academic promise of<br />

mir.oriiy applicants." At a rewjl:.<br />

UC Berkeley offers a limtteO<br />

number of SAA applicants, who<br />

show academic potential, tdmisstcii<br />

by Special Action. c\en though ii>ey<br />

do not meet the regular UC admit<br />

sion t equtrcments* Punhcrttwc.<br />

SAA applicants do not face redirection<br />

by the University of Californi::<br />

instead, if they meet UC eligibility.<br />

SAA Mudcnts will be admitted to the<br />

campus of their choice.<br />

While SAA h*s long been a contrmersial<br />

issue, there are a number<br />

of arguments in its favor. As<br />

previously stated, rninority enrollment<br />

figures are disproportionately<br />

low compared to their percentage of<br />

the general population. Of Jiesc<br />

students, many are unable to complete<br />

their undergraduate education.<br />

and few attain postgraduate degree*-<br />

A major reason a that many inner<br />

city schools with predominantly<br />

minority constituencies lack the<br />

funds and resources necessary to<br />

adequately prepare their students for<br />

i college education. In addition, as<br />

WillUm Brito. SAA Special Project*<br />

AuiiUnt at San Francisco<br />

Sate University (SFSU). pointed<br />

out. encouragement for a higher<br />

education mutt begin at home, "but<br />

many parents are not well-informed<br />

about college."<br />

According to counselor loan<br />

Catetli, there arc a number of<br />

Early Outreach pn^ramv offered at<br />

<strong>Lowell</strong>, including the Professional<br />

Development Program. UC Partnership.<br />

Upward Bound, and<br />

MESA (Math. Engineering, and<br />

Science Achievement]. "<strong>The</strong>se<br />

group* uv to inform candidates<br />

what cWlcyc requirements arc and<br />

^tnidc tutorial services." Catetli<br />

explained.<br />

Thr Early Outreach prog: arcs<br />

und*rsiur«, the overriding<br />

{j&Uosophy of affirmative action,<br />

tSu given tnc opportunity for selfadvant«meni.<br />

minorities will come<br />

to orcupy a more prominent and<br />

more co«m>c*ive role in society.<br />

THEfHAVY.<br />

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to tell you what you can qualify fcr in the Navy:<br />

Call collect.415-452-2900 or visit<br />

your recruiter at 127G Market St.

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