What is the case of Alevy v. Downstate Medical Center?
There, as here, a white medical student alleged that he had been discriminated against in admission to a publicly funded medical school because of preferences accorded to black and Puerto Rican applicants in the admission program. Although the court found that the school had discriminated in favor of the minority applicants, it did not decide whether the preference was constitutional. Rather, it held that the petitioner did not demonstrate his right to relief because he had failed to show that he would have been admitted if no preference had been extended to minority applicants. The opinion contains dictum which is in conflict with some of our reasoning, but the court's holding is not at variance with our determination that the special admission program is invalid. fn. 30 [18 Cal.3d 61]
How many disadvantaged applicants were interviewed in 1973?
The committee interviewed 71 out of 297 disadvantaged applicants in 1973 and 88 out of 628 in 1974. The interview is conducted by one faculty member and one student member of the special committee. The file is then reviewed by other members of the special committee, who rate the applicant.
What is the appropriate standard to be applied in determining the validity of the special admission program?
The University asserts that the appropriate standard to be applied in determining the validity of the special admission program is the more lenient "rational basis" test. It contends that the "compelling interest" measure is applicable only to a classification which discriminates against a minority, reasoning that racial classifications are suspect only if they result in invidious discrimination (e.g., Brown v. Board of Education, supra, 347 U.S. 483, 494 [98 L.Ed. 873, 880]); and that invidious discrimination occurs only if the classification excludes, disadvantages, isolates, or stigmatizes a minority or is designed to segregate the races. The argument is that white applicants denied admission are not stigmatized in the sense of having cast about them an aura of inferiority; therefore, it is sufficient if the special admission program has a rational relation to the University's goals.
Why was the special admission program created?
Dr. Lowrey stated in his declaration and deposition that the special admission program was designed to afford preferential treatment to persons who are from disadvantaged backgrounds. He stated further that test scores and grades of minority applicants do not necessarily reflect their capabilities, because their low scores might be attributable to the fact that they were required to work during the school year or that they lacked the reinforcement and support which white middle-class students typically derive from their families, and without such a program, few minorities would qualify for admission to the University. A major purpose of the program, he asserted, was to promote diversity among the student body and the profession and to increase the number of doctors practicing in the minority community, where the need is great.
Does the University of Washington discriminate against minorities?
There is no evidence in the record to indicate that the University has discriminated against minority applicants in the past. Nevertheless amici curiae ask that we find, by analogy to the employment discrimination cases, that the University's reliance on grade point averages and the Medical College Admission Test in evaluating applicants amounted to discrimination in fact against minorities. Amici claim that the application of these quantitative measures by the University had resulted in the exclusion of a disproportionate number of minority applicants, that grades and test scores are not significantly related to a student's performance in medical school or in the profession, and that the test is culturally biased. In the recent case of Washington v. Davis, supra, 426 U.S. 229, the United States Supreme Court has made it clear that the standard for adjudicating claims of racial discrimination on constitutional grounds is not the same as the standard applicable to cases decided under title VII, and that absent a racially discriminatory purpose, a test is not invalid solely because it may have a racially disproportionate impact. Thus, the fact that minorities are underrepresented at the University would not suffice to support a determination that the University has discriminated against minorities in the past. (See also Tyler v. Vickery (5th Cir. 1975) 517 F.2d 1089, 1095.) In any event, we are not called upon to decide the issue raised by amici in the present case. Neither party contended in the trial court that the University had practiced discrimination, [18 Cal.3d 60] and no evidence with regard to that question was admitted below. fn. 29 Thus, on the basis of the record before us, we must presume that the University has not engaged in past discriminatory conduct.
Is reverse discrimination unconstitutional?
It is important to observe that all of these cases, with the exception of Weber, hold that it is unconstitutional reverse discrimination to grant a [18 Cal.3d 59] preference to a minority employee in the absence of a showing of prior discrimination by the particular employer granting the preference. Obviously, this principle would apply whether the preference was compelled by a court or voluntarily initiated by the employer. Moreover, Brunetti, Anderson and Weber all invalidated voluntary programs of preference for minorities. fn. 28 Thus, there is no merit in the assertion of the dissent that there is some undefined constitutional significance to the fact that the University elected to adopt the special admission program and was not compelled to do so by court order. To the victim of racial discrimination the result is not noticeably different under either circumstance.
Does the Dean of Admissions select for the list of applicants?
Some attrition in acceptances normally occurs each year, and applicants whose ratings approximate those admitted may be placed on an alternate list. The dean of admissions has the discretion to select for the list applicants whose ratings will bring special skills or balance to the entering class; therefore not all unaccepted applicants with high ratings are placed on the list, and those who are so placed are not necessarily listed in order of numerical rating. Two out of three applicants offered admission under the regular procedure ultimately enroll at the University.
What did Bakke claim?
Bakke filed suit, alleging that the dual admissions system violated the Equal Protection Clause of the 14th Amendment and excluded him on the basis of race. The Supreme Court found for Bakke against the rigid use of racial quotas, but also established that race was a permissible criterion among several others.
Why did the University of California Davis have dual admissions?
In the early 1970s, the University of California Davis School of Medicine devised a dual admissions program to increase representation of racial minorities and “disadvantaged” students . Allan Bakke, a White person, applied to and was rejected from the regular admissions program. Applicants of color with lower grade point averages and test scores were admitted under the specialty admissions program. Bakke filed suit, alleging that the dual admissions system violated the Equal Protection Clause of the 14th Amendment and excluded him on the basis of race. The Supreme Court found for Bakke against the rigid use of racial quotas, but also established that race was a permissible criterion among several others.
What is a case summary?
A thorough summary of case facts, issues, relevant constitutional provisions/statutes/precedents, arguments for each side, decision, and case impact.
What is case vocabulary?
Case Vocabulary: Important related vocabulary terms at two reading levels.
What did the Supreme Court decide about Bakke?
The Supreme Court, in a highly fractured ruling (six separate opinions were issued), agreed that the university’s use of strict racial quotas was unconstitutional and ordered that the medical school admit Bakke, but it also contended that race could be used as one criterion in the admissions decisions of institutions of higher education. ...
When was the Bakke decision?
Bakke decision, formally Regents of the University of California v. Bakke, ruling in which, on June 28, 1978, the U.S. Supreme Court declared affirmative action constitutional but invalidated the use of racial quotas.
What is the Supreme Court?
Supreme Court of the United States, final court of appeal and final expositor of the Constitution of the United States. Within the framework of litigation, the Supreme Court marks the boundaries of authority between state and nation, state and state, and government and citizen.…