R009-9899
10 A RESOLUTION CONCERNING AFFIRMATIVE ACTION 20 PROGRAMS WITHIN INSTITUTIONS OF HIGHER EDUCATION 30 WHEREAS: In University of California v. Bakke (438 U.S. 265, 40 311-315), Justice Powell recognized that race or ethnicity may be 50 considered in the context of a university's interest in establishing a diverse 60 student body that represents many different experiences, opinions, 70 backgrounds, and cultures; and, 80 WHEREAS: The U.S. Supreme Court has deemed said interest to be a 90 compelling one; and, 100 WHEREAS: An applicant's race or ethnicity can be considered to be a 110 "plus," although Bakke also asserts that such consideration "cannot insulate 120 the individual from comparison with all other students for available seats; 130 and, 140 WHEREAS: An affirmative action program may be administered by a 150 university, even in the absence of prior discrimination, to overcome the 160 effects of conditions which resulted in limited participation by persons of a 170 certain race, color, or national origin; and, 180 WHEREAS: Those affirmative action programs are upheld by the Bakke 190 decision and are codified into federal law at 30 C.F.R 100.3(b)(6)(ii) under 200 the authority of the Civil Rights Act of 1964 (Public Law 210 88-352, 42 U.S.C. 2000d et seq.); and, 220 WHEREAS: Applicants cannot be considered separately for admission 230 nor be admitted separately based on their race, color, or national origin. 240 Not withstanding, special recruiting efforts to encourage a brand pool of 250 minority applicants are not prohibited; and, 260 WHEREAS: In 1974 and 1984, the California State Assembly passed Assembly 270 Concurrent Resolutions 151 and 83, respectively, to address the under- 280 representation of minority students in higher education and direct State 290 institutions to increase opportunity for under-represented minority groups 300 and ensure diversity in higher education, a cause determined to 310 be a "vital state interest;" and, 320 WHEREAS: A 1988 study by the University of California, Los Angeles 330 showed that without using race or national origin as factors within the 340 admissions process, the University would have enrolled an entering class 350 which would have been composed of less than 2 percent under-represented 360 minorities who were qualified applicants; and, 370 WHEREAS: In 1990, the U.S. Department of Education found that 380 accepted under-represented minorities received a significantly better mean 390 academic ranking than rejected white students, that the data indicates that 400 accepted under-represented minorities were better qualified than rejected 410 white students; and, 420 WHEREAS: As of 1996, total minority enrollment at colleges and 430 universities increased 63 percent over the previous decade; and, 440 WHEREAS: Attempts to derail affirmative action are direct attacks on 450 a program which has empowered women and minorities, fostered education 460 through diversity, and leveled the field of competition since its inception; 470 and, 480 WHEREAS: Rollbacks of affirmative action programs have resulted in declines of 490 qualified members of under-represented minority groups by a minimum of 500 42.6 percent and a maximum of 66.0 percent, and as much as 80 percent in 510 post-undergraduate education; and, 520 WHEREAS: Any institution which receives federal funding must employ non- 530 discriminatory, equal opportunity practices in order to keep that funding; 540 and, 550 WHEREAS: Institutions of higher education are recipients of federal funding. 560 THEREFORE BE IT RESOLVED: That the Maryland Student Legislature urges the 570 Maryland General Assembly to serve the compelling public interest of 580 diversity in education and reverse the effects of past discrimination by 590 closely scrutinizing any issue petitioned to the General Assembly for 600 approval as a ballot referendum similar in nature to the California Civil 610 Rights Initiative; and, 620 BE IT FURTHER RESOLVED: That the Maryland Student Legislature further urges the 630 Governor of the State of Maryland to direct the General Counsel of each 640 public institution of higher education to develop more aggressive affirmative 650 action programs within the parameters of the Civil Rights Act of 1964 and its 660 implementing regulations, and to develop strong defense strategies in 670 preparation of any lawsuit which may be brought in the State intended to end 680 affirmative action; and, 690 BE IT FURTHER RESOLVED: That the Maryland Student Legislature urges Congress to 700 maintain funding levels for affirmative action policies within the U.S. 710 Department of Education and throughout all of the other federal government 720 agencies, and to spurn legislation which would 730 reverse the implementing regulation of the Civil Rights Act of 1964. 740 MANDATES: Governor Parris N. Glendening 750 Legal Counsel Andrea Leahy-Fucheck 760 Secretary of Higher Education Patricia S. Florestano 770 The Honorable Delegate Casper R. Taylor, Jr. 780 The Honorable Delegate John Adams Hurson 790 The Honorable Delegate George W. Owings III 800 The Honorable Delegate Thomas E. Dewberry 810 The Honorable Delegate Sheila E. Hixson 820 The Honorable Delegate Anne Healey 830 The Honorable Delegate Joseph F. Vallario, Jr. 840 The Honorable Delegate Ann Marie Doory 850 The Honorable Delegate Dana Lee Dembrow 860 The Honorable Delegate Joanne C. Benson 870 The Honorable Delegate John F. Wood, Jr. 880 The Honorable Delegate Howard P. Rawlings 890 The Honorable Delegate Norman H. Conway 900 The Honorable Delegate Nancy K. Kopp 910 The Honorable Delegate James E. Proctor, Jr. 920 The Honorable Delegate Henry B. Heller 930 The Honorable Delegate James W. Campbell 940 The Honorable Senator Thomas V. "Mike" Miller, Jr. 950 The Honorable Senator Norman R. Stone, Jr. 960 The Honorable Senator Ida G. Ruben 970 The Honorable Senator Jennie M. Forehand 980 The Honorable Senator Barbara A. Hoffman 990 The Honorable Senator Gloria G. Lawlah Sponsor: Peter J. Smith 925 Eastern Shore Dr., Apt #2 Salisbury, MD 21804 pjs2642@students.ssu.edu Co-Sponsor: Tara Brown 7302 Rhode Island Avenue College Park, MD 20740 tarda@wam.umd.edu