Monday, April 07, 2003
Board of Visitors votes 7-5 to reinstate policy, plus protections for gays, lesbians on campus
Tech board reverses decision on affirmative action

Gov. Mark Warner, whose administration played a key role in the proposals put forth Sunday, praised the board's decision.

By KEVIN MILLER
THE ROANOKE TIMES

   BLACKSBURG - Under pressure from students and administrators, Virginia Tech's governing board reinstated affirmative action policies at the university and restored discrimination protections for gays and lesbians on campus during a spirited public meeting Sunday.

    In a scene more reminiscent of a Tech sporting event than a Board of Visitors' meeting, 200-plus spectators attending Sunday's special meeting leapt to their feet and cheered when board Rector John Rocovich announced the 7-5 vote to once again allow the consideration of race and gender during admissions, hiring and financial aid.

    "Thrilled. Absolutely thrilled," Brandy Faulkner, a graduate student and outspoken critic of the board, said moments after the vote.

    Board members also approved the creation of a new committee to help draft "narrowly tailored" race-conscious policies that do not violate state or federal law and a plan guaranteeing members more time to review future proposals.

    "We needed to listen to all of the people involved, and we did," board member John Lawson said, explaining his and other members' change of heart. "We are not too big to say we made a mistake and that we're willing to reconsider a decision we made."

    Ever since their March 10 meeting, Tech's board has come under fire from students, faculty, Gov. Warner and numerous state and national organizations for eliminating affirmative action just months before the U.S. Supreme Court will render a decision on the issue.

    Critics have also lambasted the board for deleting "sexual orientation" from the university's nondiscrimination clause. Adding to critics' ire, the March 10 decisions were made moments after a closed-door meeting and without advance notice or public discussion.

    While no doubt pleasing to many of those gathered Sunday, the board's reversal appears to contradict legal advice from state Attorney General Jerry Kilgore's office, which has warned Virginia's public colleges about potential liability of race-conscious admissions programs. Board members have said they were only following Kilgore's advice when they eliminated affirmative action.

    Deputy Attorney General David Johnson said there are "a substantial number" of policies at Tech that Kilgore's staff believe violate federal law, as laid out by the 4th Circuit Court of Appeals. Johnson said colleges could legally administer "narrowly tailored" race-conscious programs. But he nonetheless urged members to sustain the March 10 vote.

    "Rescinding that resolution carries with it the distinct possibility of ratifying and reviving these unlawful programs," Johnson said. "That could expose Virginia Tech and possibly individual board members to liability."

    In remarks before the vote Sunday, Tech President Charles Steger said the March 10 decision has caused "great disruption" at the university and "cast a shadow over Virginia Tech in the eyes of many universities across the country."

    Roughly 6 percent of Tech's student body is black, compared to 20 percent of the state population.

    "We really believe that if this situation is left unaltered, there will be lost opportunities to partner with other universities, there will be problems with faculty and enrollments," Steger said.

    Throughout the meeting, audience members vigorously applauded remarks in support of affirmative action and protections for homosexuals but hissed comments supporting the attorney general and his legal counsel. Rocovich and board members largely tolerated the audience interjections, which are virtually unheard of during board meetings.

    Warner, whose administration played a key role in the proposals put forth Sunday, praised the board's decision in a statement.

    "I thank those board members who supported our efforts to ensure campus diversity while we await more definitive legal guidance from the U.S. Supreme Court this summer," Warner said.

    Tim Murtaugh, spokesman for Kilgore, reiterated that his office was merely fulfilling its statutorial obligation to provide legal counsel to state agencies.

    "From the very beginning, it's been about one thing - the law - and we hope that Tech adheres to the law," Murtaugh said. "The attorney general gives advice on what the law is. If they choose to ignore it, they do it at their own peril."

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