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One hundred seven years offeditorWfreedom

Thursday
December 4,1997

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U'U

offers

response

against lawsuit

By Heather Kamins
and Jeffrey Kosseff
Daily Staff Reporters
*niversity officials claimed the lawsuit chal-
lenging the admissions policies of the College of
Literature, Science & Arts is invalid and request-
ed a dismissal of the case yesterday.
In its official answer to the complaint, the
University said that while plaintiffs Jennifer
Gratz and Patrick Hamacher received rejection
letters, they were offered a place on the extend-
ed waitlist. Neither Gratz nor Hamacher
responded to the offer and therefore were not
placed on the waitlist and were not considered
lher for admission.
Vice President for University Relations Walter
Harrison said that Gratz and Hamacher may not
have proper legal standing because they waived
their right to be placed on the extended waitlist.

"The question here is, did the two plaintiffs
exhaust all of the possibilities to be admitted to the
University?" Harrison said. "In our response, we
are pointing out that they each received these letters
and they chose not to do that."
While Hamacher admitted to not responding to
the offer to join the extended waitlist, he said he
received notice of the waitlist option too late in the
summer to change his plans.
"We got the letter in April or May," Hamacher
said. "It was too late to do anything. I didn't feel
that it was a good idea to wait until July or
August to find out.
"I received a letter that said very few people
on the extended waitlist receive admittance and
it said to make other plans for the fall,' he said.
In its answer, the University states that "the
defendants pray for a judgment dismissing the
Complaint with prejudice and awarding them the

costs and disbursements of this action." The state-
ment examines items in the complaint and either
admits, qualifies or denies each allegation.
The University says in its answer that the LSA
Office of Undergraduate Admissions uses race as
one of many factors in its undergraduate selection.
"Defendants admit that the University of
Michigan has a current intention to continue to
use race as a factor in admissions, as part of a
broad array of qualifications and characteristics
of which racial or ethnic origin is but a single
though important element,"the answer states.
Harrison said the judges hearing the case
should consider the fact that the plaintiffs did not
accept the extended waitlist offer.
"This particular response asks questions
about (the plaintiffs') standing to sue," Harrison
said. "That is an important question the court
should look at."

"ihe question here is did the two plaintiffs
exhaust all o the possibilities to be admitted
to the University?
- Walter Harrison
Vice President for University Relations

The plaintiffs' lawyers, however, argue that the
University's motion to dismiss the case is moot.
"It's legally irrelevant to the claims we are
making,"said Terry Pell, senior legal counsel for
the Center for Individual Rights, the firm that
brought the suit against the University on Oct.
14 in Federal District Court in Detroit. "It does-
n't change the fact that they vere discriminated
against earlier in the process."
Pell said that regardless of the waitlist offer,

the University racially discriminated in its
admissions practices
"This is a very weak argument,' Pell said. "The
admissions process is permeated with racism. If
there was not racial discrimination, they would
have been admitted earlier in the year."
The University has a rolling admissions poli-
cy, which means students are admitted continu-
ously from September through the summer
based on their qualifications and the number of
See ANSWER, Page 5A

More on the lawsuits
p Grids for minority, non-minority
applicants help determine
undergraduate admissions.
Page 8A.
'U' officials say Law School
admissions procedures are
subjective, rather than formulaic.
Page 8A.
Lawsuits trouble 'U,
-1 May 3: Four Michigan state
islators announce intentions
to find plaintiffs to challenge 'U'
undergraduate affirmative action
admissions policies.
Sept. 29 Two State legisla-
tors, David Jaye (R-Macomb) and
Greg Kaza (R-Rochester), orga-
nize a public hearing on the U'
affirmative action policies.
During the hearing, four people
were arrested and police used
epper spray to control protest-
x ers.
U Oct. 14: Center
\for Individual
- Rights files a law-
suit claiming 'U'
admission policies
are unconstitution-
al.
4 Nov. 3: 'U' receives a one-
month extension to answer CIR's
*wsuit.
Dec. 3 'U' releases official
answer to the initial lawsuit. The
answer asks for the case to be
dismissed.
Dec. 3 CIR files a second law-
suit against 'U', attacking the
Law School's admissions policy.

Second lawsuit
received calmly.

By Katie Plona
Daily Staff Reporter
University students yesterday were
more reserved about the second lawsuit
this semester to challenge the
University's affirmative action policies.
The lawsuit, which targets the admis-
sions policies of the University's Law
School, caused little disruption on cam-
pus after it was filed yesterday.
No student rallies or TV vans crowd-
ed campus yesterday, unlike Oct. 14,
when the first lawsuit was filed against
the University for its undergraduate
admissions policies in the College of
Literature, Science & Arts.
"I can't really see a whole bunch of
Law students picketing, but I can see
them writing letters, speaking up at
forums, expressing their views in other
ways," said Law first-year ent
Denise Kirkowski.
About 250 Law students gathered early
yesterday afternoon to ask questions and
learn details of the two lawsuits.
The lack of campus demonstrations
does not indicate student apathy, some
Law students said.
Kirkowski, who is a member of the
Women's Law Association, said Law
students naturally will react differently
than undergraduate students because
they view the lawsuit from a different
perspective.
"We're applying what we've learned,"
she said. "In the context of a legal atmos-

phere, it's going to be less emotional."
After Law Dean Jeffrey Lehman and
University Provost Nancy Cantor field-
ed questions from Law students,
Lehman said the strong turnout demon-
strated the commitment of Law stu-
dents to understanding the lawsuit.
-The dominant sense is that we are
doing the right thing and it is, in many
ways, a privilege to be the spokesper-
sons for legal education," Lehman
said.
Lehman said that while litigation is not
pleasant for anyone, the lawsuit will give
Law students a chance to see a high-pro-
file lawsuit from a unique perspective.
"This is an opportunity for us to see
how it looks and feels," Lehman said.
When students asked what the Law
School administrators would do to
maintain diversity if the plaintiffs win,
Lehman said: "The strategy to avoid
that ... is to win."
Cantor said she does not know how
the University will preserve diversity if
either of the lawsuits are successful.
"I wish I knew of another way,'
Cantor said. "Taking race into account
... is absolutely essential. I don't have
an alternative."
Law first-year student Don Ennis said
that although diversity contributes to a
well-rounded education, the lawsuit will
bring several important concerns and
unanswered questions to the forefront.
See LAWSUIT, Page SA

EMILYTH 1AN/DluIy
Law School students crowd a Hutchins Hall room of the Law School yesterday to listen to University Provost Nancy Cantor
and Law School Dean Jeffrey Lehman address the recent lawsuit against the Law School yesterday.

I

Washington
t. preps for
Rose owl
By Peter Romereriedman
Daily Staff Reporter
In Pullman, Wash., the streets are paved with
roses - literally.
Anticipating Washington State's first Rose
Bowl appearance in 67 years, students painted

Pre-Game Stats
Michigan Wash. St.

Students split on diversity issue

Tickets sold

5,000* unavailable

Tickets allotted 28,000

Ticket price

$80

35,000
$75
18,000
9,000

Student body 37,000
Season tickets 16,000

*Estimate as of yesterday evening

._

enormous roses on the streets of the Pullman mayor to make it possible for mascots, cheer-
campus this week. The small town of 25,000, leaders, coaches, players and students to frolic
which includes 18,000 Washington State stu- in the streets of Pullman, demonstrating school
dents, is overflowing with football frenzy and spirit and pride.
its residents say they plan to enjoy the ride Beiger said the events will focus on showing
while it lasts. the students' support for the Washington State
"It's almost unbelievable," said Ben Bartell, Cougars football team, ranked eighth in the
a Washington State senior. "Washington nation by the Associated Press.
State doesn't go to the Rose Bowl more "We're having an appreciation day for
than once every 67 years. We have the team on Dec. 10" Beiger said.
Rose Bowl fever." 4 "We're coordinating it with the men's
As students dream of roses, basketball team against Idaho. We'll fill
Washington State University officials up the coliseum by having the football
are planning a "Cougars Appreciation team visible. This is a historical moment."
Day" and parade for Dec. 10 and Dec. 13, On the appreciation day, a representative
respectively. from Sports Illustrated magazine may present a
"We are now working on a parade, said Tracy framed copy of a regional issue featuring
Beiger, Washington State athletic department Washington State's football team, Beiger said.
assistant director of marketing and promotion. Rose Bowl ticket sales began Tuesday, drawing
"The campus is the center of the community. The unprecedented crowds of students by daybreak.
parade won't last that long, but this game and "Yesterday morning, the tickets were avail-
season have put the town on the map." able at 8 in the morning. At 7 (a.m.) there was
Beiger said she plans to work with Pullman's See ROSE BOWL, Page 10A

By Christne M. Palk
Daily Staff Reporter
As lawmakers and legal officials prepare to
struggle over the value of diversity on campus,
students themselves are still forming their own
opinions.
Questions concerning diversity continue to
divide much of the student body. While some
believe diversity at the University is com-
mendable, others say they are blatantly dis-
gusted with the current situation.
LSA junior Enland Hsiao believes that
while diversity at the University may not be
perfect, it is moving in the right direction.
"I think relative to a lot of other schools, it's
pretty diverse here, and it's a great school,"
Hsiao said. "I mean, we aren't in a utopian
society. We're doing better, I think. I definite-
ly wouldn't label Michigan as a segregated
school and I think we're progressing."
But many don't agree with Hsiao's views,
and expressed disappointment over diversity
at the University.
"It may look like the University is diverse, but
everyone seems to stick together" said LSA
senior Marcellina Spigner. "I see a large array of
people, but I don't see a lot of interaction. You
could see every single race or ethnicity, but you
don't see them together, and that's pointless."
John Matlock, assistant vice

EMILY NATHAN/Dailv
Engineering sophomores Fuhim Razzaque, Lorine Fok, Engineering junior Chris Brown,
Engineering sophomores Cheryl Cheng and Jahi Chappell eat lunch yesterday at South Quad.

i

provost and director of the ,Diversity a
Office of Academic $p No.3 in a four p
Multicultural Initiatives, said he
is happy with diversity at the
University, but is always look-
ing forward to change.
"I can't help but be happy

happy, then we become complacent,' Matlock
said. "There's always more that we can do to
create a climate that brings out
t the , the best of all our students and
art series e that increases their level of sat-
isfaction as well so they can be
the best that they can be."
Most students and faculty
did not deny the fact that the
University is demographically

among some of the most diverse campuses
across the nation.
But students question the value of diversity
in numbers. LSA junior Monica Mogbo said
that regardless of the number of minorities
enrolled at the University, if a campus is divid-
ed, diversity is worthless.
"They're right when they say the University'is
diverse, but in order for it to mean anything, you
need interaction," she said. "There has to be an
edffort to uent to k lnew o thers. If uwe're not talkinE*


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