Illinois (SIU Carbondale):
Southern Illinois University has
"engaged in a pattern or practice of intentional discrimination against whites,
nonpreferred minorities, and males." (U.S. DOJ letter to SIU 11/9/05)
The U.S. Department of Justice is threatening to sue Southern Illinois University for it's
use of racially exclusive fellowships.
No white males at the Carbondale, Illinois campus have ever received a fellowship under
any of these three race/gender based programs.
Read the entire story at SIU Reverse
Discrimination (11-11-05)
Illinois (SIU Carbondale):
The Myths of Faculty Diversity (10/02/02)
Commentary by Southern Illinois
University Faculty Member Professor Jonathan Bean (Carbondale, Illinois) as published in
the Illinois Leader (illinoisleader.com) on Oct. 2, 2002. In his commentary,
Prof. Bean objects to a new Illinois Board of Higher Education policy, and challenges the
board to expand its "diversity awareness."
OPINION -- [SIU Professor Jon Bean writes]:
I strongly protest the Illinois Board of Higher Education's campaign to promote
faculty "diversity," which it falsely equates with skin color or national
origin. Most of the current and proposed "steps to increase minority faculty"
are unnecessary and unconstitutional. [The last
known link to the notice by the Illinois Board of Higher Education as of 10/2/02 was http://www.ibhe.state.il.us/WebHearing/notice.htm
]
Minority applicants do not need
"special treatment"
Faculty surveys show strong support for equal opportunity and "soft" affirmative
action (reaching out to all prospective applicants, regardless of race). These same polls
reveal strong opposition to faculty hiring preferences. Still, many college administrators
and some faculty are biased in favor of minority candidates. Thus, ceterus paribus, the
job will sometimes go to a minority candidate over an equally well-qualified non-minority.
In short, minority applicants are treated equally well or better than non-minority
applicants even without special programs. Moreover, it is the legal responsibility of
schools to document past or present discrimination before instituting remedial programs.
Constitutional challenges to
racially-exclusive programs
State universities in Illinois defend the Illinois Minority Graduate Incentive Program
(IMGIP) and Illinois Consortium for Educational Opportunity Program (ICEOP) by invoking
Justice Lewis Powell's opinion in Regents of the University of California v. Bakke (1978).
As Roger Clegg points out, Bakke does not apply to employment discrimination, which is
prohibited under Title VII of the Civil Rights Act of 1964. Moreover, the courts have
rejected both the diversity and role model rationales for racial
preferences in hiring.
At any rate, Justice Powell introduced racial diversity as one of many factors a school
may consider in judging applicants on a case-by-case basis. Powell emphasized that schools
could not use race as the sole determinant of "diversity" nor use it in a
wholesale manner to treat all members of a minority group differently from non-minorities.
In other words, schools cannot reduce the idea of "diversity" to skin color.
Unfortunately, this is exactly what universities have been doing.
In subsequent decisions, most notably Croson (1989) and Adarand (1995), the U.S. Supreme
Court ruled that all racial preferences are subject to strict judicial scrutiny. States
must show how their programs remedy past discrimination by particular state institutions;
they may not resort to general claims of overcoming "societal discrimination"
(the governing case in this Circuit is People Who Care v. Rockford Board of Education).
Furthermore, under the strict scrutiny standard, remedial measures must be "narrowly
tailored" to achieve a compelling state interest. Otherwise, they violate the 14th
Amendment and the Civil Rights Act of 1964 (Title VII). The courts have ruled that the
following reasons are NOT compelling enough to justify racial discrimination by the state:
- Achieving racial proportionalism
- Providing minority role models
- Overcoming general societal discrimination
|
A strong case could be made that the IMGIP and ICEOP scholarship programs are
unconstitutional based on the above case law (the Fourth Circuit Court has struck down
similar race-exclusive scholarships). Furthermore, employment discrimination from
targeted hiring of minority candidates clearly violates Title VII of the Civil
Rights Act.
If lawsuits have not already been filed, I would encourage concerned citizens to challenge
the legality of these racial set-asides.
Even more troubling, these minority scholarship programs require beneficiaries to
"seek and accept" faculty positions within the State of Illinois. Do these
candidates compete for jobs in open searches (legal) or do they receive jobs set aside for
them (illegal)? Many state universities, including my own, have minority recruitment money
to provide departments with an "incentive" to interview and hire minority
faculty.
During budgetary crises, when money is not available for competitive searches, will
colleges conduct job searches open only to minorities? The original goal of affirmative
action was to enlarge applicant pools, and hence the quality of the finalists, rather than
limit them by accepting anything less than the best-qualified candidate.
Other forms of "diversity"
Justice Powell's notion of diversity was not exclusively racial; he was concerned with
allowing universities to consider many factors to achieve intellectual diversity. But by
focusing monomaniacally on race, universities have overlooked other groups that are
severely underrepresented on college faculty, thus giving lie to their professed concern
for "diversity."
For example, faculty surveys highlight the near-absence of Republican and/or conservative
faculty in the arts and humanities. For the shocking figures, see "One
Faculty Indivisible," Wall Street Journal, 30 August 2002 "Republican
Professors? Sure There's One," Wall Street Journal, 11 May 1998]; and David
Horowitz,Missing Diversity on Americas Campuses, 3 September
2002,
My research into the political affiliation of Liberal Arts Faculty at Southern Illinois
University Carbondale confirms this pattern: 105 Democrats versus 11 Republicans. A
partial breakdown by department underscores this statistical disparity:
- History: 22 Democrats, 1 Republican
- English: 14 Democrats, 0 Republicans
- Psychology: 10 Democrats, 0 Republicans
- Political Science: 9 Democrats, 1 Republican
- Philosophy: 8 Democrats, 1 Republican
- Anthropology: 7 Democrats, 0 Republicans
- Sociology: 5 Democrats, 0 Republicans
- Economics: 4 Democrats, 1 Republican
- Geography: 3 Democrats, 0 Republicans
|
True, there may be reasons other than employment discrimination for the
under-representation of Republicans, just as there are reasons for the
under-representation of certain minority groups. Yet, based on the diversity rationale,
universities ought to be concerned with a "hostile environment" that produces so
few Republican professors. (As an aside, its interesting that the Board of Higher
Education Act limits the number of members who are affiliated with the same
political party as the Governor ( Board of
Higher Education Act)
In conclusion, it is wrong for the state to define diversity by race and it is
illegal for it to pursue policies that favor one group over another. A much more positive
and effective approach would be to concentrate on improving the pre-collegiate education
of minority students in Illinois. The IBHE's Report of the Committee on Access and
Diversity (August 2001) emphasizes this point. Only then will the state have a large pool
of minority applicants able to compete on an equal basis with non-minorities. [END SIU
Prof. Jon Bean's unedited comments.]
[This posting represents the complete, undedited
comments by Professor Bean as published on the Illinois Leader web site
(www.illinoisleader.com) on 10/2/02]
Background: Jonathan Bean is Associate
Professor of History at Southern Illinois University Carbondale and author of Big
Government and Affirmative Action: The Scandalous History of the Small Business
Administration (University Press of Kentucky, 2001). (a sample chapter of Professor Bean's
book is available on-line at University Books.)
Last Known Link to Original Story:
http://www.illinoisleader.com/opinion/opinionview.asp?c=2231
Illinois (UI Chicago, Urbana):
Racial Bias at University of Illinois
(07/05/99)
After pressing lawsuits against racial and gender quotas at the
University of Michigan, the Washington-based Center for Equal Opportunity and allied
anti-quota organizations have turned their attention to state-supported universities and
colleges in Illinois, particularly the University of Illinois (Chicago) and the University
of Illinois (Urbana).
"Discrimination against anyone is wrong", said Roger Clegg, general counsel for
the Center for Equal Opportunity in Washington, DC. "Universities should not have
different admissions standards" based upon race, ethnicity, or gender, according to
Clegg. "They can go beyond SAT scores, but they should not consider race or
ethnicity. The public has the right to know if racial or ethnic preferences are used by
state universities in their admissions policies."
In defense of racial quotas in college admissions, the University of Illinois, Chicago
campus, offers up the story of a black student, Gloria Smith. According to the Chicago Sun
Times, Gloria Smith struggled through high school and had a disappointing experience at
Chicago's Loyola University. Said Smith of her experience at Loyola: "I felt like a
number. The campus wasn't diverse enough. And I defaulted on my Loyola student
loan."
However, after defaulting on her loan commitment, when Gloria Smith wanted to switch to
the University of Illinois at Chicago, a group calling themselves "The
African-American Academic Network" exerted its influence to obtain a tuition waiver
for Ms. Smith.
UIC also has other race-based assistance programs such as the Latin American Recruitment and Educational Services Program, and the Native American
Support Program.
The University of Illinois at Urbana also offers at least four race-based academic
preferences programs for incoming students, as well as more than 30 undergraduate support
programs which specifically exclude white or European American students from the program's
benefits.
University of Illinois President James J. Stukel is quoted as saying "The college
experience is enhanced by diversity and produces a richer undergraduate experience
that introduces students to different points of view" [particularly anti-white,
anti-European American points of view], as reported in the Chicago Sun Times 07/05/99.
Lascelles Anderson, a University of Illinois (Chicago) professor of education and director
of the Center for Urban Educational Development and Research said "[Admissions quotas] are
supportable in Illinois. But we need to move away from test scores and use other factors -
including leadership potential - for admissions decisions." Thus, Professor Anderson
tacitly condemned academic testing for knowledge in favor of "biometrics" or
"psychometrics" which have the effect of negating the academic achievements of
students who have studied hard and who are able to pass the rigorous academic tests which
demonstrate their retention of knowledge. (based on Chicago Sun Times article by
Lon Grahnke 07/05/99)
[no link]
llinois (Chicago):
Pro-Quota Gang Sabotages Connerly
Speech at Loyola (04/28/99)
"There was a well organized effort to boycott Ward Connerlys April 28, 1999,
7:00 PM speech at Loyola University in Chicago. The president of the sponsoring
organization, the universitys Republican Club, Mr. Manoj Mishra, reported that many
of the 400 flyers that club members posted around the campus were torn down and replaced
with flyers announcing a rally for someone on death row. He also received reports
that students were getting email messages that libeled Mr. Connerly and urged them to
boycott his speech. Mr. Mishra said he was going to file a formal complaint with
Loyola administration officials.
"Previous speeches that the club had sponsored that were not boycotted drew far
larger crowds. For example, a recent speech by Dan Quayle was attended by over 1,200
students and faculty without suffering from the rogue tactics to which Ward Connerly was
subjected. Due to the organized efforts of the rogue students, Mr. Connerlys
speech was attended by only about 15 students, many of whom were club members, and by one
alumni, Dave Diersen of Wheaton, Illinois (MBA-1976), and his wife, Karen. No
members of the university news media or the Chicago news media were present to cover the
event.
"Nevertheless, Mr. Connerly gave an outstanding speech which included an update of
his efforts and the efforts of the American Civil Rights Institute to end race and gender
based preferences in America. After successes in California and Washington, he is
currently focusing on Florida. Michigan will be next. He answered questions from the
attendees without any of evasiveness or duplicity heard so often from
politicians." (Special to Adversity.Net 04/28/99 by Dave Diersen, Loyola
alumnus.)
(Mr. Manoj Mishra, president of the university's Republican Club, can be reached at
773-761-5601 or 773-508-8603.)
Illinois
(Rockford):
Racial Quotas Are Ordered For Rockford (06/19/99)
"A federal judge has ordered strict new racial guidelines for the Rockford,
Ill., schools in an unusually ambitious desegregation order that will reach into virtually
every classroom in the 27,000-student district.
"U.S. Magistrate Judge P. Michael Mahoney directed the district to close the
achievement gap between white and minority students by half and meet strict racial quotas
in courses across the curriculum."
[Judge Mahoneys order specifically did not address the reasons that minority
students may be performing more poorly than non-minority students. Therefore,
Mahoneys order says, in essence, "improve the performance of minority students
regardless of the reasons for their poor performance."]
"The decision [by Judge Mahoney] represents the last leg of a multipart remedial
order in a 7-year-old desegregation lawsuit against Illinois' third-largest district. In
1993, the judge found the district guilty of systematic discrimination against
African-American and Hispanic students [based solely upon government-imposed racial
head-counting requirements]. (See Education Week, Nov. 10, 1993.)
"Besides the more traditional issues of racial balance among schools, the case has
focused intensely on disparities in student achievement and participation in honors
classes, gifted and talented programs, and even cheerleading squads.
"In the latest part of the remedial order, handed down this month, the judge said the
[Rockville] district is to blame for at least 50 percent of the disparity in
standardized-test scores between white students and minority students, who are defined as
African-Americans and Hispanics. White children in Rockford typically score about 35
percentage points above blacks and Hispanics on such tests. [Judge Mahoney failed to
address the reasons for this disparity, nor did the judge seek to correct attitudinal or
family issues that may mitigate the poor performance of the minority students. Instead, he
simply dictated unilaterally that the school district shall implement means to improve the
performance of the poor-performing minority students. Nor did Judge Mahoneys order
make available any funding for correcting the poor educational attitudes of minority
students in this district.]" (Education Week, 06/19/99, by Caroline Hendrie)
[Last Known Link: http://www.edweek.org/ew/vol-15/39deseg.h15
]
| Similar / Related: Rockford, IL Files for Partial Unitary Status (10/15/99)
The Rockford (IL) Board of Education on October 15, 1999, filed for partial unitary status
and a modification of the Comprehensive Remedial Order.
In response to the Districts motion, People Who Care, et.al., Plaintiffs, filed a
Motion for Modification, Clarification and Enforcement of the Comprehensive Remedial
Order.
For the past ten years the federal courts orders have regulated virtually every
aspect of school administration in Rockford, requiring the district to expend over $210
million through the 1998 -99 school year. The people of Rockford pay the highest property
tax of any community in the United States.
Areas of federal judicial control include student assignment, within-school assignment,
extra-curricular activities, discipline, curriculum and instruction, transportation,
disposition and acquisition of facilities, district boundaries, facilities and equipment.
In their motion the district seeks the end of court supervision in two stages.
The motion seeks the immediate (1) end of court control of student assignment, faculty,
transportation, extracurricular activities, facilities and student discipline (2) change
of status of the "desegregation master" to "monitor" (meaning he would
oversee court-required programs but no longer have power to order or change them) (3) a
requirment that no more than $19.5 million be spent in either of the next two years for
remedial programs.
The motion then seeks to close the case entirely in June 2002 for the district to be
returned completely to the control of the locally elected school board.
Plaintiffs seek a continuation of the "remedies," including controlled choice
and court-ordered academic programs for at least 15 more years and a tort tax rate of
$1.50 for the duration of the "remedy" (about a 30% increase).
During those "at-least-15-more-years," the Plaintiffs Motion also demands
that the master continue in his current role for at least eight years, that
early-childhood education programs be expanded to include minority 3-year olds, that the
court find the district noncompliant in within-school integration (individual classrooms
etc.) and that that part of the order be strengthened, that special education be included
in the student assignment order, and many more specific requirements involving addition of
schools, moving of certain programs and affirmative action schemes etc.
... U.S. Magistrate Judge P. Michael Mahoney will hear the motions on January 17 along
with one filed earlier by the plaintiffs accusing the school district of bad faith.
(National Association for Neighborhood Schools 10/23/99)
[Last Known Link: http://www.nans.org ] |
END of Illinois Reverse Discrimination in
Education |