Blacksburg, Va. -- The Virginia Tech Board of Visitors rescinded its March 10 resolution to end race-conscious admissions and remove sexual orientation from its non-discrimination clause by a vote of seven to five in special session here yesterday.
The meeting was open to the public, in response to overwhelming condemnation regarding both the content and the clandestine nature of the Board's March 10 decision, which took place in closed session without consulting the Virginia Tech administration, faculty or students. Opponents of the March 10 resolution packed the hall.
"We're very happy about the rescinding of the resolution," Virginia Tech NAACP President Laurie Brogdon said. "We're hoping the decision remains permanent."
Most Board members, however, said they envisioned future amendments to the Virginia Tech admissions and hiring policies.
Nine members will serve on an ad-hoc committee to explore the creation of a narrow tailoring program that considers race as a factor in admissions and hiring. Proponents of the new program say it will increase diversity without discriminating against third parties in the process.
David Johnson, Virginia deputy attorney general for health, education and social services, said a narrow tailoring plan would be acceptable within the realm of Virginia state law.
Narrow tailoring looks promising, Board member Mitchell Carr said in his comments on the resolution.
Board member Bruce Smith was the sole detractor of the policy.
"I'm for affirmative action," he said. "Any way, shape or form of slicing it, cutting it, is just a cheap way out."
Most of the debate over race-conscious admissions centered on their legality, as well as the personal liability of Board members. Under an April 2002 memo from the state secretary general, individuals can be held responsible for sanctioning illegal race-conscious admissions at universities.
"We are trying to bring Virginia Tech into compliance with Virginia law," Rector John Rocovich said.
"I don't think I've heard anything here to cause any alarm about our liability nor the illegality of the policy prior to March 10," Virginia Tech President Charles Steger said after listening to Johnson speak.
Many Board members expressed a desire to wait to implement a new admissions policy without race as a factor until the Supreme Court makes its decision in the Michigan case.
"I have given far more weight to the decision of the Supreme Court than the opinion of the attorney general of the state of Virginia," said Brian Montgomery, undergraduate student representative to the Board.
Although a vocal crowd advocating rights based on sexual orientation was present, Board members did not come to a specific decision on the issue.
"The question is, can the Board implement policy the Commonwealth has not?" Johnson said. "It's a very close call." He added that the attorney general's office would wait to make a decision on the issue's legality until it saw a resolution.
After the vote, Johnson declined to comment on whether Virginia Tech was in compliance with Virginia law.
Board members here yesterday also voted to pass bylaw changes requiring any resolution to be submitted three days prior to discussion, and also rescinded another March 10 resolution regarding policies for speakers on campus, which already was declared unconstitutional by the attorney general's office.
Representatives from the faculty, graduate, undergraduate schools and the cadet core spoke out in favor of race-conscious admissions. Close to one thousand faculty and students submitted a petition calling for the March 10 amendments to be repealed.
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