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Race to stay factor in admissions, officials say

Race will be considered as one of many factors in the admissions process this year, said Dean of Admissions John A. Blackburn and University Rector John P. Ackerly III.

At its meeting next week the Board may decide on whether to maintain the current policy of using race in admissions, but Ackerly said in a statement to The Cavalier Daily yesterday that it is unlikely the Board will eliminate the system.

"My guess is that the Board at its forthcoming meeting Oct. 15-16 will adopt no resolution that deviates from Mr. Casteen's stated position," he said in the statement.

University President John T. Casteen III released an open letter to the community Thursday affirming the University's commitment to diversity and said every University student is qualified to attend the institution.

Board of Visitors members generally are in favor of achieving a diverse student body, Ackerly said.

Blackburn affirmed that no change will be made in the admissions policy with regard to race this year, unless the Board votes otherwise.

The Office of Admissions already has received applications, and will begin reviewing them toward the end of the month, he said.

The University uses race along with SAT scores, grade-point-averages, legacy status and many other factors in granting admissions.

Although Ackerly said removing race from the admissions process this year is unlikely, the Board still has the option of changing the policy at its October meeting.

If the Board does so, "it would be very difficult to change our policies midstream," Blackburn said. "But we have to be prepared for it."

The admissions policy initially was brought under contention by the Washington-based Center for Equal Opportunity that in January claimed a black student with the same SAT scores as a white student has an unfair advantage in gaining admission to the University.

Recently, Board member Terence P. Ross, who was appointed by Ackerly to chair a special committee on admissions in response to the CEO's study, has said the University's legal counsel has advised the Board that using race in admissions is not legally defensible.

University General Counsel Paul Forch could not be reached for comment.

Julian Bond, National Association for the Advancement of Colored People chairman and University history professor, has argued the only law governing the issue has been set by a 1978 Supreme Court decision, Regents of the University of California v. Bakke, which allowed race to be considered in admissions as long as it was not the deciding factor.

But a 1996 5th Circuit Court of Appeals case, Hopwood v. The State of Texas, ruled the University of Texas' law school's affirmative action policies were unconstitutional. Although the 5th Circuit Court of Appeals does not set precedent for Virginia, Ross and others claim the decision, along with others, indicates a trend that the Supreme Court might follow.

More recently, a Sept. 24 ruling of the 4th Circuit Court of Appeals held that an Arlington County, Va., magnet school's admissions policy violated the Equal Protection Clause of the 14th Amendment.

Regarding the University's admissions policies, the Board should not make any decisions based only on Casteen's position, College Republicans President John Blair said.

"I'm sure President Casteen has a great influence upon the Board, but the Board should not take all of its orders from the president of the University," Blair said. "They should evaluate each issue on their own and come up with their own policy."

Although he said race should not be a factor in admissions, he added that if the Board decides to eliminate the factor from the admissions process, it could be difficult to implement immediately.

People should not jump to conclusions from Ackerly's commitment to diversity, said Brandi Colander, Black Student Alliance director of issues.

"No one really knows where the Board stands and they won't be able to determine that after they meet," Colander said.

University History Prof. Paul M. Gaston, who has been vocal about maintaining the use of race in admissions, said he applauds Ackerly's statement and hopes the Board will not take any action that would eliminate using race in admissions.

The issue has also raised concerns from civil rights groups throughout the state.

The Virginia State Conference NAACP demanded Sept. 25 that Virginia Gov. James S. Gilmore III (R) remove Ross from the Board because of Ross' statement that when recruiting black students the University "is clearly in some cases reaching a bit down its academic standards."

But last week Gilmore responded to the resolution and said although he appoints members to the Board, he does not have the authority to remove them.

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