Finding college segregation remedies likely to be complicated, expensive

Mediation phase after federal court ruling beginning now

March 19, 2014|By Carrie Wells, The Baltimore Sun

After a federal judge found that Maryland's historically black colleges face unfair and unconstitutional competition from the state's predominantly white universities, the parties headed into negotiations this month to work it out.

But even with the far-reaching court decision, some worried the rights of black institutions wouldn't be protected and tried to put the judge's ruling on the books as state law.

"I'm normally not a Doubting Thomas," said state Sen. Joan Carter Conway, a Baltimore Democrat and member of the Legislative Black Caucus who introduced the legislation. "I just don't see them coming to an agreement."

While Carter's effort has likely failed in this year's General Assembly session — opponents argued it could have scuttled mediation and led to more lawsuits — it underscored deep misgivings about the ability of the long-feuding sides to come to a resolution.

That unease is one of many hurdles the parties will have to overcome to resolve a 2006 lawsuit filed against the state by some of the alumni and students at the four public historically black colleges and universities — Morgan State, Bowie State, Coppin State and the University of Maryland, Eastern Shore.

U.S. District Judge Catherine C. Blake ruled in October that the state hadn't done enough to stop traditionally white universities from offering the same sought-after academic programs as HBCUs, thereby encouraging segregation among campuses.

The "dual system" of programs makes it difficult for the state's HBCUs to attract nonblack students, Blake found. Decades after desegregation of the state's universities began, about 91 percent of students at Maryland's HBCUs are black.

The parties began meeting with a mediation judge in late January, and this month began face-to-face negotiations. The process is expected to be lengthy, expensive and potentially contentious.

The state's universities could wind up pitted against one another in competition for new programs in growing fields like computer science. Creating those programs could cost millions of dollars. And there's a chance the mediation phase could fail and end up back to court.

The outcome also is likely to have a more significant impact on universities in the Baltimore area because of existing duplication and geographical proximity.

Maryland's HBCUs are hoping for a future in which new unique, programs draw in a larger and more diverse student body to boost declining enrollments, professors are paid on par with their counterparts at state universities and the institutions become regional economic hubs.

"The ruling could create for Baltimore a world-class, comprehensive research university," said Morgan State University President David Wilson. "This ruling will help us get to the top of the mountain. We're not looking at the ruling as trimming something around the edges. I think this is an opportunity for transformation."

Wilson said he is targeting about eight fields where he thinks Morgan could add programs, including in business and cybersecurity. But, he said, the state needs to step up funding to support the programs, not just approve them.

The mediation, which is expected to last for months, will be confidential and some parties were tight-lipped about what they expect. State officials said university presidents were told to refer comment about mediation to the University System of Maryland. Morgan is the only public HBCU that is not part of the university system.

"The state is intent on conducting a good-faith mediation," said Danette Gerald Howard, the secretary of the Maryland Higher Education Commission, the body that oversees and approves university programs and that will be a party to the talks. Howard declined to comment further.

The University System of Maryland, which was not a defendant in the lawsuit but will be affected by its outcome, is trying to find a delicate balance between addressing Blake's ruling and ensuring the traditionally white universities aren't harmed by being denied the chance to create competitive new programs, said Joann A. Boughman, USM's senior vice chancellor for academic affairs.

"The old adage would be robbing Peter to pay Paul," Boughman said. The universities "have been working well together over the years, and it hurts when any member of the family is being punched, if you will."

Universities may move to protect their existing programs and interests, but Boughman hopes that many programs can be enhanced or shared between colleges and that the university system as a whole can benefit.

Boughman said new programs can cost millions of dollars as new faculty are hired and other infrastructure is put in place. While launching combined programs also can be tricky, she said that's being considered.

"Part of our hope is that we can develop enough win-wins where we do not have to end up in a place where anyone ends up losing," she said.

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