12/17/2012 Legal Issues and Higher Education. by Hispanic Outlook on Education Magazine

DECEMBER 17, 2012

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VOLUME 23 • NUMBER 06

Also available in Digital Format

Fisher v. University of Texas

Arizona Immigration

Undocumented Students

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® Editorial Board Publisher – José López-Isa Vice President & Chief Operating Officer – Orlando López-Isa

Ricardo Fernández, President Lehman College Mildred García, President California State University-Fullerton

Editor – Adalyn Hixson Executive & Managing Editor – Suzanne López-Isa News Desk & Copy Editor – Jason Paneque Special Project Editor – Mary Ann Cooper

Juán González,VP Student Affairs University of Texas at Austin Lydia Ledesma-Reese, Educ. Consultant Ventura County Community College District Gustavo A. Mellander, Dean Emeritus George Mason University

Administrative Assistant & Subscription Coordinator – Barbara Churchill

Loui Olivas,Assistant VP Academic Affairs Arizona State University

DC Congressional Correspondent – Peggy Sands Orchowski

Eduardo Padrón, President Miami Dade College

Contributing Editors – Carlos D. Conde Michelle Adam Online Contributing Writers – Gustavo A. Mellander

Antonio Pérez, President Borough of Manhattan Community College María Vallejo, Provost Palm Beach State College

Art & Production Director – Avedis Derbalian Graphic Designer – Joanne Aluotto

Editorial Policy The Hispanic Outlook in Higher Education Magazine® is a national magazine published 23 times a year. Dedicated to exploring issues related to Hispanics in higher education,The Hispanic Outlook in Higher Education Magazine® is published for the members of the higher

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education community. Editorial decisions are based on the editors’ judgment of the quality of the writing, the timeliness of the article, and the potential interest to the readers of The Hispanic Outlook Magazine®. From time to time,The Hispanic Outlook in Higher Education Magazine® will publish articles dealing with controversial issues.The

Article Contributors Thomas G. Dolan, Marilyn Gilroy, Miquela Rivera, Ciara Shook, Jeff Simmons, Gary M. Stern

views expressed herein are those of the authors and/or those interviewed and might not reflect the official policy of the magazine.The Hispanic Outlook in Higher Education Magazine® neither agrees nor disagrees with those ideas expressed, and no endorsement of those views should be inferred unless specifically identified as officially endorsed by The Hispanic Outlook in Higher Education Magazine®.

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Esquina E ditorial

“Tis

the season to be jolly” – and this year, Latinos have something extra to be jolly about – the success of Voto Latino and other get-out-the-vote efforts, demonstrated so boldly on Nov. 6 and widely seen as a major step toward Latino empowerment. Another noteworthy November event was the first visit by a sitting U.S. Supreme Court justice with students at Pace Law School. The esteemed visitor was Justice Sonia Sotomayor, who held a 90-minute Q&A with students and met with members of the Latin American Law Students Association and of the Federal Judicial Honors Program, in which she’d participated as a U.S. Circuit judge for 10 years. Reuters blogger Terry Baynes wrote that Sotomayor told her Pace audience that “she was ‘deeply troubled’ that so many federal judges were former prosecutors and so few had worked in criminal defense” and that “Lawyers who have done civil rights work have come under ‘enormous attack’ in the nomination process.” Sotomayor urged students to “spend some time” clerking for a judge, claiming that “no legal job you can find condenses as much learning into one year. A year as a clerk equals four to eight years of practice.” For this annual issue about Latinos, the law and law schools, we’ve interviewed professors, lawyers and executives throughout the country, including Michael Olivas, University of Houston; Stella M. Flores, Vanderbilt; Lenni Benson, New York Law School; Barbara Hines, University of Texas-Austin; Arturo Ríos, Stetson; Mary Madden and Elizabeth Allen, University of Maine; Lee Bird, Oklahoma State; Karen Tumlin, National Immigration Law Center; Saundra Schuster, National Center for Higher Education Risk Management; Steven J. McDonald, Rhode Island School of Design; David Burnett, Students for Concealed Carry; and Charlie Rose, Higher Education Center, U.S. Department of Education. We hope you find it illuminating. Our very best wishes to all during the holidays and into the New Year. ¡Adelante! Suzanne López-Isa Managing Editor

School of Information Sciences The School of Information Sciences (http://www.ischool.pitt.edu) at the University of Pittsburgh is seeking candidates for two tenure stream assistant professorships to start in the fall term of 2013. The primary areas of interest include: Information Assurance (Position #06441) • Application and system security • Digital forensics • Trust, security, privacy Web Science (Position #02336) • Data-intensive scholarship • Information visualization • Data mining • Semantic web • Web engineering

This top-ranked information school (iSchool) offers degree programs in Information Science & Technology, Library & Information Science, and Telecommunications & Networking. Candidates are sought who have research and teaching interests in alignment with the School’s signature strengths. For a complete description, please visit http://www.ischool.pitt.edu/news/facultyopenings.php.

The University of Pittsburgh is an Equal Opportunity, Affirmative Action employer and strongly encourages women and candidates from under-represented minorities to apply.

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Want the Skinny? Ask Al and the “Chorizeros”

i cal Beat

by Carlos D. Conde

Washington, there’s a group of Latinos who belong to a loosely organized, quasi-debating society called the Chorizo Club. Chorizo, when scrambled with eggs, is a traditional Mexican breakfast dish that’s as pungent as the rhetoric that oozes from those periodic capital gabfests, so the “chorizeros” label is apropos. The group – it’s an open invitation if you can pay for breakfast – includes at times some ranking career-path government bureaucrats or appointees, but it’s mostly Latino entrepreneurs or lobbyists for nongovernment organizations (NGOs), and federal retirees still debating world issues over a steaming, chili-hot chorizo plate just like mama used to make, which adds some salsa to the conversation. Held in the Virginia suburbs, I have been to several when visiting Washington. They were instructive, I suppose, but I can’t recall the topics. I’m a septuagenarian, please, or else the topic was vaporous. What I do remember is those early morning chorizo plates that, at the very least, told me an authentic Mexican dish is alive and well in a faraway land. Therese Speake, an ex-Labor Department official and one of the few woman participants, chairs the chorizo gatherings – Latino male gallantry on display – which are usually about, what else, Washington and national politics. The latest discourse was precipitated by my old friend (all at these

events are old) from Texas, Al Pérez, who, of course, expounded on the current hot topic, the presidential elections, which opened up a cauldron of opinion and discrepancies on what really happened. First, the preamble. How did Mitt Romney get clobbered so badly – the Latino element included – as the final count and analysis say he was, and how instructive was it? Did he blunder his way to a colossal defeat, or did the Obama juggernaut simply overwhelm an inept Romney campaign, which even some Republicans concluded it was? First, small consolation that it is, Romney barely lost the popular vote; 2.5 percent out of 61 million votes cast. Where he lost big and decisively was in the electoral college vote where Obama beat him 332 to 206. Moreso, Obama won in the so-called battleground states that were crucial. Equally important, as everyone knows ad nauseam by now, is that Obama rode the backs of Latinos, largely Mexican-Americans, and, of course, the Blacks, to victory. Without them, there would not be an Obama second term. No one expected any less from the Black community, but aren’t you at least a bit surprised that Obama in the end would have so many Latinos in his fold even when he carried some serious political baggage – like spurious immigration reform – into the elections? Apparently, it didn’t matter, or else Latinos were overwhelmed with the demagoguery that Obama sweetened with some last-minute presidential decrees to temporarily soothe political wounds. It did not even come close to resolving the immigration issue as long as Republicans control the House – unless they capitulate, and for political sake, they may yet. It was enough for now to convince and placate Latinos – largely Mexican-Americans with short memories – who responded glee-

fully in support even though Obama failed to reciprocate it during his first term after the Latino vote catapulted him into the presidency. Perhaps it was because Romney never articulated well his immigration policy except for some nebulous “self-deportation” proposal that served more as material for late-night talk shows. He was also tagged by Obama as one who would cut off the government largess that seriously frightened many of the “47 Percent” Latinos who supposedly depend on it. Latinos in 2012 voted for Obama over Romney, 71 percent to 27 percent, the highest since 1996 when Bill Clinton won 72 percent of the Hispanic vote. It thunderously showed the “Democratas de Corazon” tradition is alive and well in Latino land, particularly among MexicanAmericans, the largest and most influential Latino bloc by far. Republicans ran a lackluster campaign in the Latino community with little originality or, I daresay, concept in soliciting the Latino vote. Maybe they weren’t flush with money like the Democrats. Or maybe they kept chasing their proverbial political tail. As a national Latino journalist, I at times wondered if I was on the Republicans’ mailing list. I don’t remember getting that many press materials from them. Meanwhile the Latino wing of the Obama campaign inundated me with a daily grab bag of information, some legitimate, some creative and some highly skewed. In his valediction to California Republican donors, Romney said his team ran a “superb” campaign” but couldn’t match “the gifts” the Obama administration gave to Blacks, Hispanics and young voters during his first term, particularly around election time. It’s a time-honored political tactic by the party in power that Romney said would add up to trillions of dollars. My friend Al’s post mortem on the 1 2 / 1 7 / 2 0 1 2

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elections was insightful and generated a lot of comments and verbal sparring from the Chorizeros, who pontificate more than they debate, but it makes for interesting exchanges. What was impressive were the logistics that the Latino wing of the Obama campaign put in place, as told by Al. If they had such an apparatus in other states, which he says they did, it’s no wonder that Obama won. In Virginia, for example, starting last March, the Obama people identified every Latino voter and registered 30,000 and followed up with phone calls or visits, or both, to their home once they were registered. “We called every one of them three times and went to their homes repeatedly to ask for their vote,” Al wrote. “On election day we knew which supporters had not yet voted so we contacted them again to encourage them (to go) to the polls. “The operation was powered by thousands of volunteers and resembled a military operation brilliantly executed. We even had thousands of ponchos for voters in case of rain ... food and water for people waiting in line and local politicians on call to rush to precincts with long lines to encourage people to stay and vote. “All we had to do election night was to wait for the returns – and when Michigan, Pennsylvania and Minnesota turned blue, the celebration began.” Al added, “What made Romney’s immigration position so toxic is that it was seen as part of the national narrative that the GOP is hostile to Mexican-Americans and minorities.” It’s a specious argument as a whole, but why bother with clarifications when the stakes are so high. Carlos D. Conde, award-winning journalist and commentator, former Washington and foreign news correspondent, was an aide in the Nixon White House and worked on the political campaigns of George Bush Sr. To reply to this column, contact Cdconde@aol.com.

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MAGAZINE® DECEMBER 17, 2012

CONTENTS Law Schools Adjust to Changing Times

by Mary Ann Cooper

Page 8

Imm igr atio n

A Closer Look at the Top 12 Law Schools for Hispanics by Mary Ann Cooper

The Implications of the Supreme Court Verdict in Fisher v. University of Texas:What Will It Mean for Latinos and Minorities? by Gary M. Stern

Guns, Hazing and Cyberbullying Among Top Legal Issues on Campuses by Marilyn Gilroy

Experts Share Views on the Supreme Court and Arizona’s Immigration Law by Michelle Adam

Undocumented Students and Education: 30 Years After Plyler v. Doe by Thomas G. Dolan

NewYork Law School Initiative: Educating Attorneys 30 and the Public About Immigration Law by Jeff Simmons Student Organization at John Marshall Improves Latino Retention Rates by Ciara Shook

Online Articles Some of the above articles will also be available online; go to our website: www.HispanicOutlook.com.

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DEPARTMENTS Political Beat

by Carlos D. Conde

Want the Skinny? Ask Al and the “Chorizeros”

Uncensored

by Peggy Sands Orchowski

Interesting Reads Book Review

by Mary Ann Cooper

State Out of the Union Page 27

FYI...FYI...FYI...

Hispanics on the Move

Targeting Higher Education To Educate the Neediest

Priming the Pump... Intelligence Plus Character

by Gustavo A. Mellander (Online only)

by Miquela Rivera

Back Cover

HO is also available in digital format; go to our website: www.HispanicOutlook.com.

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RANKINGS/LAW SCHOOLS

Law Schools Adjust to Changing Times

The

by Mary Ann Cooper economy has had an obvious effect on higher education – higher tuition, scaled-back programs and budget cutbacks, for example. However, there are more subtle changes afoot when one drills down to how things now work in some disciplines of graduate education. As The Hispanic Outlook in Higher Education Magazine reviews the Top 25 Law Schools for Hispanics, some are actively involved in innovations that are sweeping the nation and influencing law school classes of the future. First, here’s a snapshot of what the numbers mean on this year’s Top 25 list of law schools with the most Hispanic degree-earners. The most obvious conclusion that can be reached when looking at the 39 schools on the list (39 since there are multiple ties) is that Hispanics are broadening the playing field in terms of states with significant numbers of Hispanic law degree-earners. The leader of the pack is California with 11 schools on the list, followed by Florida and Texas, each with six schools. Illinois follows with three schools; the District of Columbia and Massachusetts each have two; and New Mexico, Maryland, New Jersey, Colorado and Michigan have one school each on the list. Breaking down the list further, Florida International University not only ranks second for highest number of Hispanic degree-earners in the Top 25, it also boasts the highest percentage (46 percent). And Hispanic women edged out Hispanic men at 22 of the 39 schools listed. Data for this list are limited to 2011 doctor’s degree – professional practice. The information is derived from various lists compiled by NCES and its IPEDS data system. NCES has created a new data-gathering system. One outcome of the new system is that not all schools are on every data list. The Hispanic Outlook has compiled all available data from all NCES lists to give as fair representation as possible to all institutions during this transition. As for current trends in law schools, schools are dealing with the new reality that in the last five years, although a bad economy has caused a spike in law school applications, the number of students opting to take the LSAT is at its lowest level in a decade, according to the Law School Admissions Council (LSAC). The number taking the LSAT decreased by 9.6 percent in 2010-11 to 155,050, from 171,500 in 2009-10, according to LSAC. Law schools are trying to come up with ways to entice students to attend their institutions. One of the most popular ideas is the concept of accelerated law programs. These take into account rising concerns among prospective students about the amount of money and time it takes to obtain a law degree. In terms of money, it’s not only the cost of the degree, but losing three years of earning power while pursuing that degree. The answer some schools have come up with, such as Northwestern Law School (No. 25 on HO’s list), is to allow students to complete law school in two rather than three years. Southwestern Law School (No. 14 on the list) is offering a similar accelerated program. More schools are taking a hard look at this option. However, Northwestern offers a cautionary tale about implementing such a program. The school is very specific in its selection process. It requires prospective students for the accelerated program to have at least two years of “substantive work experience” so they can be satisfied that these students can handle the extra work load required to complete the program. Students also have to be willing to forgo summer internships to complete their degree on time. Northwestern Law School also offers an accelerated combined degree program, giving students an opportunity to complete a JD/MBA program in three years instead of four. Some law schools are more successful in attracting applicants than others. U.S. News ranked law schools that received the most applications for full-time programs in 2011. Six of its top 10 schools appear on HO’s Top 25 list of schools with the most Hispanics. Those schools are Georgetown University (9,413 applicants), the University of California-Los Angeles (7,328 applicants), the University of California (UC)-Berkeley (7,253 applicants), New York University (7,280 applicants), American University (6,741 applicants) and Fordham University (6,431 applicants). Another change being considered by law schools is challenging the utility of using the LSAT as a determining factor in the admission process. The challenge has been the subject of much discussion and debate in the last few years. Those questioning the importance of the LSAT say that it’s not only imbalanced, it is not the best indicator of student success or ability to practice law. Two challengers of the LSAT are UC-Berkeley Law School professors

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Law Degrees Professional Practices 2011 State FL 1. Saint Thomas University School of Law 2. Florida International University College of Law FL 3. Thomas M. Cooley Law School MI 4. American University Washington College of Law DC 5. The University of Texas School of Law - Austin TX 6. Nova Southeastern University Shepard Broad Law Center FL 7. University of Miami School of Law FL 8. Loyola Law School CA New York Law School NY St. Mary’s University School of Law TX 9. University of Florida Fredric G. Levin College of Law FL 10. Thomas Jefferson School of Law CA 11. Fordham University School of Law NY Harvard Law School MA 12. Florida Coastal School of Law FL Texas Southern Univ. Thurgood Marshall School of The Law TX 13. Georgetown University Law Center DC South Texas College of Law TX The John Marshall Law School IL University of Houston Law Center TX 14. New York University School of Law NY Southwestern Law School CA 15. University of California Hastings College of the Law CA 16. California Western School of Law CA 17. University of New Mexico School of Law NM 18. Brooklyn Law School NY DePaul University College of Law IL University of California School of Law-Los Angeles CA 19. University of Southern California Gould School of Law CA 20. University of Denver Sturm College of Law CO 21. Santa Clara University School of Law CA University of San Diego School of Law CA 22. Boston University School of Law MA Texas Tech University School of Law TX UC-Berkeley School of Law CA 23. University of Maryland Francis King Carey School of Law MD 24. University of San Francisco School of Law CA 25. Northwestern University School of Law IL Rutgers University School of Law-Newark NJ

Grand Total 224 177 1039 464 382 305 384 396 515 244 410 297 426 585 444 161 645 401 392 315 466 296 411 285 102 454 320 342 206 287 296 322 273 197 310 295 222 287 248

Total 84 82 62 61 59 56 54 52 52 52 47 45 41 41 40 40 38 38 38 38 36 36 34 33 32 31 31 31 30 29 28 28 27 27 27 26 25 24 24

Hispanic Men Women 41 43 38 44 27 35 28 33 32 27 27 29 21 33 31 21 23 29 33 19 21 26 20 25 21 20 26 15 23 17 21 19 20 18 17 21 22 16 20 18 15 21 9 27 16 18 13 20 13 19 17 14 7 24 18 13 20 10 10 19 14 14 16 12 14 13 17 10 9 18 11 15 12 13 10 14 13 11

% 38% 46% 6% 13% 15% 18% 14% 13% 10% 21% 11% 15% 10% 7% 9% 25% 6% 9% 10% 12% 8% 12% 8% 12% 31% 7% 10% 9% 15% 10% 9% 9% 10% 14% 9% 9% 11% 8% 10%

NCES data limited to 2011 Doctor’s degree - professional practice.

Marjorie Shultz and Sheldon Zedeck, who argue for replacing the LSAT with another test that provides a better gauge for measuring a clear and positive potential for practicing law. Some schools have received exemptions allowing them to admit students without LSAT scores. This is significant because usually a law school cannot be granted accreditation without giving the LSAT great weight in the selection process. Once again, Northwestern is on the cutting edge of admission and policy changes. Its JD/MBA program allows students to be admitted with a GMAT score instead of having to submit a LSAT score.

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REPORTS/LAW SCHOOLS

A Closer Look at the Top by Mary Ann Cooper Saint Thomas University School of Law YEAR FOUNDED: 1984 ABA ACCREDITED: YES LOCATION: Miami Gardens, Fla. TYPE: Private AALS MEMBER: YES WEBSITE: www.stu.edu/law FACULTY: 68 full time; 30 part time STUDENT-FACULTY RATIO: 9.9 CLASS OF 2010 APPLICANTS: 2,165 CLASS OF 2010 ADMITTED: 1,094 CLASS OF 2010 MATRICULATED: 275 CLASS OF 2011 HISPANIC LAW DEGREES: 84 ACCEPTANCE RATE: 51 percent FULL-TIME RESIDENT TUITION: $33,082 % RECEIVING GRANT AID 2011-2012: 9.9 percent St. Thomas University School of Law is located in northwest Miami, a gateway to Latin America and the Caribbean. It is also a vibrant hub of global commercial, financial and cultural activity that the school utilizes to develop international programs for human rights and environmental issues. The School of Law is not only fully accredited by the American Bar Association but is also a member of the Association of American Law Schools. Its facilities include a multilevel library, a moot court amphitheater, an outdoor classroom that is usable virtually year-round, faculty and administrative offices, a computer lab, and classrooms and offices for student organizations. St. Thomas University School of Law takes special pride in the diversity of the student body. It has been recognized as having the most diverse student body among accredited law schools. The school promotes the cultural diversity, commitment to professionalism and small class size that school officials say make studying law at St. Thomas University School of Law a unique and enriching experience. According to its mission statement, St. Thomas University School of Law “embraces the duties and obligations of the Judeo-Christian ethic and endeavors to instill the values and ethics of that tradition and of the Catholic Church in its students.” Florida International University College of Law YEAR FOUNDED: 2000 ABA ACCREDITED: YES LOCATION: Miami Gardens, Fla. TYPE: Public AALS MEMBER: NO WEBSITE: law.fiu.edu FACULTY: n/a full time; n/a part time STUDENT-FACULTY RATIO: n/a CLASS OF 2012 APPLICANTS: 2,686 CLASS OF 2012 ADMITTED: 595 CLASS OF 2010 MATRICULATED: n/a CLASS OF 2011 HISPANIC LAW DEGREES: 82 ACCEPTANCE RATE: 22 percent FULL-TIME IN-STATE TUITION: $18,463 % RECEIVING GRANT AID 2011-2012: n/a

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12 Law Schools for Hispanics The College of Law of Florida International University (FIU) was founded in 2000. The school promotes the idea that the College of Law takes a “21st-century approach to educating lawyers that builds on the rich traditions of the past while taking into account modern perspectives.” Since 2002, the FIU College of Law has graduated 792 students. Its alumni have continually posted better-than-average Florida bar results. In July 2011, FIU Law graduates ranked first in Florida Bar passage. The FIU Law bar passage rate of 89.6 percent substantially exceeded the statewide average of 80.1 percent. Students from the college have been recognized in the American Association for Justice regional rounds, the Chester E. Bedell Competition, the ABA National Negotiation Competition and the Susan J. Ferrell Moot Court Competition. The student moot court team argued its final round before United Stated Supreme Court Justice Samuel Alito. The College of Law was provisionally accredited by the American Bar Association in 2004 and fully accredited in 2006. This represented the fastest route through which a law school could achieve full accreditation under ABA rules. An essential element in completing the accreditation process was the completion of the new, technologically state-of-the-art Rafael Diaz Balart Hall, a new, 153,000-square-foot facility that includes an auditorium, legal clinic and two teaching courtrooms. Thomas M. Cooley Law School YEAR FOUNDED: 1972 ABA ACCREDITED: YES LOCATION: Lansing, Mich. TYPE: Private AALS MEMBER: NO WEBSITE: www.cooley.edu FACULTY: 306 full time; 175 part time STUDENT-FACULTY RATIO: 9.9 CLASS OF 2010 APPLICANTS: 4,922 CLASS OF 2010 ADMITTED: 4,101 CLASS OF 2010 MATRICULATED: 1,583 CLASS OF 2011 HISPANIC LAW DEGREES: 62 ACCEPTANCE RATE: 83 percent FULL-TIME RESIDENT TUITION: $30,644 % RECEIVING GRANT AID 2011-2012: 9.9 percent Thomas M. Cooley Law School is an independent, graduate college of law founded in 1972 by a group of lawyers and judges led by then-Chief Justice of the Michigan Supreme Court Thomas E. Brennan. The school was named for Thomas McIntyre Cooley, a legal scholar and practicing attorney of the 19th century. It is accredited by the American Bar Association since 1975, the Higher Learning Commission since 2001 and a member of the North Central Association. Thomas Cooley was originally a regional law school in Lansing, Mich. It now has the distinction of being the nation’s largest Juris Doctor program. According to the school’s mission statement, “Cooley Law School teaches students the knowledge, skills and ethics needed to be a success in the law and a valuable member of society. Cooley has developed a legal education curriculum and program designed to prepare its students for the practice of law through experienced-based teaching of lawyer skills. Students learn to apply legal theory to situations they may encounter as practicing attorneys. As part of Cooley’s Professionalism Plan, Cooley students are also taught the Professionalism Principles adopted by the Thomas M. Cooley Law School community.”

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American University Washington College of Law YEAR FOUNDED: 1896 ABA ACCREDITED: YES LOCATION: Washington, D.C. TYPE: Private AALS MEMBER: YES WEBSITE: www.wcl.american.edu FACULTY: 265 full time; 149 part time STUDENT-FACULTY RATIO: 9.9 CLASS OF 2010 APPLICANTS: 9,021 CLASS OF 2010 ADMITTED: 1,934 CLASS OF 2010 MATRICULATED: 502 CLASS OF 2011 HISPANIC LAW DEGREES: 61 ACCEPTANCE RATE: 26 percent FULL-TIME RESIDENT TUITION: $43,458 % RECEIVING GRANT AID 2011-2012: 9.9 percent American University’s Washington College of Law (WCL) boasts a Washington, D.C., location and diverse student body that provides great learning opportunities. Here students can participate in clinic and workshop programs with the branches of government, administrative agencies, international organizations, think-tanks, lobby groups and numerous public interest and nongovernmental organizations. This is part of the school’s Supervised Externship Program, which also offers opportunities to participate in legal research and litigation. WCL students can become involved in numerous student organizations and journals, such as the Business Law Brief and the Human Rights Brief; outreach groups such as the Marshall-Brennan Fellowship Program (where students teach constitutional law to local high school students); and a variety of other activities in business, human rights, gender, intellectual property and environmental law. Students who want to combine a law degree with a career outside the law can pursue dual joint degrees offered with the three professional schools at American University – the School of International Service, Kogod School of Business, and the School of Public Affairs. WCL offers JD students an opportunity to take upper-level courses with our LLM students, learning side by side with more than 180 practicing attorneys from around the world. University of Texas School of Law YEAR FOUNDED: 1883 ABA ACCREDITED: YES LOCATION: Austin, Texas TYPE: Public AALS MEMBER: YES WEBSITE: www.utexas.edu/law FACULTY: 166 full time; 55 part time STUDENT-FACULTY RATIO: 9.9 CLASS OF 2010 APPLICANTS: n/a CLASS OF 2010 ADMITTED: 1,316 CLASS OF 2010 MATRICULATED: 389 CLASS OF 2011 HISPANIC LAW DEGREES: 59 ACCEPTANCE RATE: n/a FULL-TIME RESIDENT TUITION: $28,669 % RECEIVING GRANT AID 2011-2012: 9.9 percent The University of Texas School of Law was known as the University of Texas-Austin’s Department of Law when the university was founded in 1883. The Law School started with two professors and 52 students in the basement of the university’s Old Main Building. The Law School has since grown to more than 1,200 students and offers the Doctor of Jurisprudence (JD) and the Master of Laws (LLM). University of Texas teams have won a total of 17 national advocacy championships in the last 11 years. The Law School has approximately 23,500 living alumni who have forged distinguished careers in government, public-service organizations, corporations and law firms

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throughout Texas, the nation and the world. Well-known graduates include former U.S. Secretary of State James A. Baker III; former U.S. Ambassador Robert S. Strauss; former Secretary of the Treasury Lloyd M. Bentsen Jr.; Seventh Circuit Court of Appeals Judge Diane Wood; Fifth Circuit Court of Appeals Judge Reynaldo Garza; U.S. Sen. Kay Bailey Hutchison; Secretary of Energy Federico Peña; former Dallas Mayor and current U.S. Trade Representative Ron Kirk; presidential advisor Paul Begala; and criminal defense attorney Dick DeGuerin. The School of Law is a member of the Association of American Law Schools and is approved by the American Bar Association. Nova Southeastern University Shepard Broad Law Center YEAR FOUNDED: 1974 ABA ACCREDITED: YES LOCATION: Fort Lauderdale, Fla. TYPE: Private AALS MEMBER: YES WEBSITE: nsulaw.nova.edu FACULTY: 114 full time; 46 part time STUDENT-FACULTY RATIO: 9.9 CLASS OF 2010 APPLICANTS: 2,794 CLASS OF 2010 ADMITTED: 1,099 CLASS OF 2010 MATRICULATED: 368 CLASS OF 2011 HISPANIC LAW DEGREES: 56 ACCEPTANCE RATE: 39 percent FULL-TIME RESIDENT TUITION: $32,607 % RECEIVING GRANT AID 2011-2012: 9.9 percent The Law Center of Nova Southeastern University (NSU) is named after Shepard Broad, who founded the town of Bay Harbor Islands, Fla., and became its first mayor. Shepard Broad’s other community activities include serving as a member of the Board of Governors at the Shepard Broad Law Center of Nova Southeastern University, earning honorary degrees from Nova University and Barry University, participating in the leadership of several hospitals, and endowing the Shepard and Ruth Broad Center for the Performing Arts of Barry University. Clinical education is an important part of the NSU Law experience. The clinical semester brings the study of law to life. In seven clinical programs, students are introduced to a practice specialty under the guidance of a mentor. Each clinical semester begins with intensive classes that focus on advanced substantive law and lawyering skills in the clinic specialty plus interdisciplinary topics. For the rest of the term, faculty members supervise the students’ representation of clients in Law Center clinics, government agencies, nonprofit organizations and private law offices. International DualDegree Opportunities-NSU Law students have an opportunity to study both common law and civil law through our dual-degree program with the University of Barcelona. The dual degree will also assist those wishing to practice in Latin America. Opportunities are also available in the Czech Republic and Italy. University of Miami School of Law YEAR FOUNDED: 1926 ABA ACCREDITED: YES LOCATION: Coral Gables, Fla. TYPE: Private AALS MEMBER: YES WEBSITE: www.law.miami.edu FACULTY: 186 full time; 86 part time STUDENT-FACULTY RATIO: 9.9 CLASS OF 2010 APPLICANTS: 4,909 CLASS OF 2010 ADMITTED: 2,311 CLASS OF 2010 MATRICULATED: 489 CLASS OF 2011 HISPANIC LAW DEGREES: 54 ACCEPTANCE RATE: 47 percent FULL-TIME RESIDENT TUITION: $38,024 % RECEIVING GRANT AID 2011-2012: 9.9 percent

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The University of Miami School of Law (UM Law) is located on the main campus of the university in Coral Gables, Fla. Its JD program, LLM programs and joint degree programs are enriched by clinics, projects, public interest programs and other professional training opportunities. Miami Law’s Litigation Skills Program is a program that the school points to with pride for its pretrial training. The school’s alumni have become judges and district attorneys; they’ve been listed in The Best Lawyers in America – and won the title of Super Lawyer. More than 20,000 alumni practice in immigration, business, ethics, race relations and economic development. UM Law attracts and prepares students for careers in a wide range of fields – including corporate, international and intellectual property law. The school considers diversity one of its key assets. It boasts that its 1,300 students come from every background and lists the cultural diversity of South Florida as a key selling point in attracting new students. UM Law faculty members are leaders in their areas of expertise – including taxation, international law, Internet law and property law. In addition to all university accreditation, Miami Law is accredited by the American Bar Association, is a member of the Association of American Law Schools and has a chapter of the prestigious scholastic society of the Order of the Coif. Loyola Law School YEAR FOUNDED: 1920 ABA ACCREDITED: YES LOCATION: Los Angeles, Calif. TYPE: Private AALS MEMBER: YES WEBSITE: www.lls.edu FACULTY: 153 full time; 72 part time STUDENT-FACULTY RATIO: 9.9 CLASS OF 2010 APPLICANTS: 5,550 CLASS OF 2010 ADMITTED: 1,589 CLASS OF 2010 MATRICULATED: 403 CLASS OF 2011 HISPANIC LAW DEGREES: 52 ACCEPTANCE RATE: 29 percent FULL-TIME RESIDENT TUITION: $41,841 % RECEIVING GRANT AID 2011-2012: 9.9 percent Located in downtown Los Angeles, Loyola Law School opened its doors in 1920. It is the first ABA-approved law school in California with a pro bono requirement for graduation. Loyola students donate more than 40,000 hours of pro bono work per year to nonprofit organizations. The school offers degrees in Juris Doctor (JD); Juris Doctor/Master of Business Administration (JD/MBA); Masters of Law in Taxation (LLM); three-year Joint JD/Tax LLM (JD/LLM); and International LLM for Foreign-Trained Attorneys. Approved by the American Bar Association in 1937, Loyola was awarded a chapter in the Order of the Coif in 1990. It ranks ninth in the nation for minority enrollment. The school offers international programs in China, Costa Rica, Cyprus and Italy. It also has established working partnerships with the Education Advocacy Project; Alarcon Advocacy Center; Cancer Legal Resource Center; Center for Conflict Resolution; Center for Restorative Justice; Center for Juvenile Law & Policy; Disability Rights Legal Center; Civil Justice Program; Journalist Law School; Sports Law Institute; Religious Law Program and the Entertainment Law Practicum. Loyola boasts alumni in all 50 states as well as 31 countries around the world. Approximately 85 percent of Loyola Law students receive some form of financial assistance. New York Law School YEAR FOUNDED: 1891 ABA ACCREDITED: YES LOCATION: New York, N.Y. TYPE: Private AALS MEMBER: YES WEBSITE: www.nyls.edu FACULTY: 197 full time; 111 part time STUDENT-FACULTY RATIO: 9.9 CLASS OF 2010 APPLICANTS: 4,520

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CLASS OF 2010 ADMITTED: 2,100 CLASS OF 2010 MATRICULATED: 641 CLASS OF 2011 HISPANIC LAW DEGREES: 52 ACCEPTANCE RATE: 46 percent FULL-TIME RESIDENT TUITION: $46,460 % RECEIVING GRANT AID 2011-2012: 9.9 percent New York Law School was established in 1891 by Columbia College School of Law faculty, students and alumni who were protesting their trustees’ attempts to dictate the teaching methods used by professors. By 1904, New York Law School was the largest law school in the country. That year, the school’s founders created one of the nation’s first evening divisions to provide a flexible alternative to full-time legal education for those in the workforce or with family obligations. Government leaders and judges from the United States and abroad often speak at or visit the law school. These have included former President Jimmy Carter; justices of the Supreme Court Ruth Bader Ginsburg, Harry A. Blackmun, William J. Brennan Jr., Antonin Scalia, Clarence Thomas and Sandra Day O’Connor. The Center for Professional Values and Practice provides a vehicle through which to examine the role of the legal profession and approaches to law practice. The school’s Center for Real Estate Studies provides students with a unique educational opportunity to study both the private practice and public regulation of real estate. In August 2006, New York Law School broke ground on a $190 million expansion and renovation program that has since transformed its TriBeCa campus into an architectural complex nearly double its former size. The centerpiece of the expansion is a new glass-enclosed, 235,000-square-foot, nine-level building – five stories above ground and four below – which integrates with the school’s existing three buildings. St. Mary’s University School of Law YEAR FOUNDED: 1927 ABA ACCREDITED: YES LOCATION: San Antonio, Texas TYPE: Private AALS MEMBER: YES WEBSITE: www.stmarytx.edu/law FACULTY: 102 full time; 52 part time STUDENT-FACULTY RATIO: 9.9 CLASS OF 2010 APPLICANTS: 1,965 CLASS OF 2010 ADMITTED: 848 CLASS OF 2010 MATRICULATED: 301 CLASS OF 2011 HISPANIC LAW DEGREES: 52 ACCEPTANCE RATE: 43 percent FULL-TIME RESIDENT TUITION: $28,160 % RECEIVING GRANT AID 2011-2012: 9.9 percent St. Mary’s University of Law is an independent, coeducational Catholic university administered by the Marianists. It is the only private, coeducational Catholic law school in the state of Texas. Founded in 1927 by the San Antonio Bar Association, it became known as St. Mary’s University School of Law in 1934. St. Mary’s offers clinical legal education with concentrations in civil justice, criminal justice and human rights/immigration. Its LLM degrees include ones in American Legal Studies, International Comparative Law, and one in International Criminal Law, pending ABA accreditation. St. Mary’s boasts that one of its key attractions is its association with San Antonio, the seventh-largest U.S. city, which is known for its rich history and culture and ties to Mexico and international business. The school offers joint JD and a master’s degree in many programs such as: business administration, communication studies, computer science, industrial engineering, and international relations with a concentration in justice administration, public administration and theology. The school also offers a study abroad option, which is an internationally known summer program on international and comparative law, called the Institute for World Legal Problems, held annually at the University of Innsbruck in Austria as well as the Institute of Chinese Law and Business held in Beijing, China.

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University of Florida Fredric G. Levin College of Law YEAR FOUNDED: 1909 ABA ACCREDITED: YES LOCATION: Gainesville, Fla. TYPE: Public AALS MEMBER: YES WEBSITE: www.law.ufl.edu FACULTY: 109 full time; 36 part time STUDENT-FACULTY RATIO: 9.9 CLASS OF 2010 APPLICANTS: 3,357 CLASS OF 2010 ADMITTED: 817 CLASS OF 2010 MATRICULATED: 301 CLASS OF 2011 HISPANIC LAW DEGREES: 47 ACCEPTANCE RATE: 24 percent FULL-TIME RESIDENT TUITION: $16,387 % RECEIVING GRANT AID 2011-2012: 9.9 percent University of Florida Fredric G. Levin College of Law sets out a goal for its graduates to possess the core competencies essential to embark on the practice of law. These core competencies include: legal analysis (including knowledge of laws and rules, the ability to apply laws and rules to different factual settings, and the ability to engage in legal argumentation); legal research and writing (including the ability to conduct independent legal research and produce legal writings of professional quality); fundamentals of client services (including interviewing and counseling skills); fundamentals of dispute processing and legal problem solving (including litigation, settlement and transactions); and fundamentals of professional responsibility and identity (including knowledge of the shared values of the legal profession and ethical problem solving, the skills to create a professional identity and the skills to work with people from diverse backgrounds). The stated mission of the school is to “aspire to prepare lawyers to serve their clients, the justice system, and the public with a high level of accomplishment and a commitment to the highest ideals of the legal profession.” It strives to provide students with a well-rounded legal education with a curriculum designed to teach students about the law and to help them develop the skills necessary to use that knowledge in practice. Thomas Jefferson School of Law

This analysis of the top schools on this year’s list was put together by compiling material from the individual law schools featured on the list as well as statistical data from LawSchoolNumbers.com, founded in 2003 as a free, publicly accessible database of user-supplied law school information. HO believes that combining statistics with the mission and philosophies of these schools paints a more complete picture of what makes these institutions of higher learning noteworthy.

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YEAR FOUNDED: 1969 ABA ACCREDITED: YES LOCATION: San Diego, Calif. TYPE: Private AALS MEMBER: NO WEBSITE: www.tjsl.edu FACULTY: 91 full time; 47 part time STUDENT-FACULTY RATIO: 9.9 CLASS OF 2010 APPLICANTS: 3,323 CLASS OF 2010 ADMITTED: 1,604 CLASS OF 2010 MATRICULATED: 422 CLASS OF 2011 HISPANIC LAW DEGREES: 45 ACCEPTANCE RATE: 48 percent FULL-TIME RESIDENT TUITION: $19,350 % RECEIVING GRANT AID 2011-2012: 9.9 percent Thomas Jefferson prides itself on being student-friendly, with an outstanding faculty and diverse student population. Its website welcomes its student this way: “At Thomas Jefferson School of Law, we are all about our students. Our commitment to you as a student is to give you the knowledge, skills, tools and support you need to be successful from the moment you set foot on campus until the moment you walk across the stage to get your diploma – and beyond. You will be part of a highly diverse, technologically advanced campus with an intellectually stimulating curriculum and the most innovative academic success program to be found at any law school.” In addition to that, Thomas Jefferson Law School promises students that they will have the opportunity to be taught by what it calls a highly accessible, world-class faculty. It also says it offers many hands-on opportunities for learning there that allow its students to get real-world legal experience before passing the bar or even earning their degree. Its other calling card for prospective students is its location. Thomas Jefferson School of Law is located in San Diego, which it calls “a unique city that has so much to offer professionally, economically and recreationally.”

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ADMISSIONS/RECRUITMENT/LAW SCHOOLS

The Implications of the Supreme Court Verdict in Fisher v. University of Texas: What Will It Mean for Latinos and Minorities?

by Gary M. Stern a landmark decision in 2003, the U.S. Supreme Court ruled that the University of Michigan Law School could include race as a factor to diversify its student body. That Grutter v. Bollinger ruling enabled colleges to included race-based admission criteria in determining its class and upheld the rights of

set to decide on a new case, Fisher v. the University of Texas, that questions the legality of using race as a factor in admissions policy. In August 2012, the NAACP Legal Defense Fund issued an amicus curia brief, or friend of the court, urging the court to preserve diversity in college admissions to ensure that African-

upon leaders trained through wide exposure to the ideas and mores of students as diverse as this Nation of many people.” The 2003 verdict “recognized that diversity in education was both special and critical,” said Gerald Torres, a professor of law at the University of Texas (UT)-Austin Law School.

Gerald Torres, professor of law, University of Texas-Austin Law School

David Hinojosa, regional counsel, MALDEF

Josh Civin, counsel to the director of litigation at the NAACP Legal Defense Fund

students in “underrepresented minority groups.” The decision also prohibited the use of quota systems, stipulating that race could only constitute one factor among many criteria in admitting students. The ruling, in effect, encouraged more Latinos and African-Americans to apply to law school, become attorneys and make the entire U.S. legal system more representative of the populace. But that 2003 ruling is currently being challenged and re-evaluated. The Supreme Court is

American and Latino students continue to have equal opportunity regarding college admissions. The NAACP Legal Defense Fund noted that the Supreme Court has a history of ruling in favor of considering race as a factor in admitting students to colleges. For example, in 1978 in the case Regents of the University of California v. Bakke, Justice Powell, in his majority verdict, stated that all students in the country benefit from attending diverse schools. He said that “nothing less than the nation’s future depends

Justice Sandra Day O’Connor (since retired) in her majority verdict said “pathways to leadership had to be open to all,” and that phrase resonated in her writing. Moreover, she said there needed to be a “critical mass” of minority students so they didn’t feel alienated. Torres noted that this viewpoint of critical mass is often misunderstood but produces the maximum educational benefit for all students, not just minorities. Whites benefit from participating in integrated classes too. In the current case, Abigail Fisher objects to

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the University of Texas’ policy that includes race in its admissions criteria. Acceptance by the University of Texas is based on two factors or “blended” admissions criteria. One standard of entrance admits any student enrolled in a Texas public or private high school that ranks its students who finish in the top 10 percent of the class based on grade point average. It’s referred to as the “Top Ten Percent Plan.” When Fisher filed her suit, 81 percent of the incoming University of Texas students gained entrance through this plan (in 2011 it was capped at 75 percent). The second criterion for admissions was a more holistic approach that includes grades, SAT test scores, an essay, leadership, and socioeconomic status, including race. Using race was, of course, permitted by the 2003 Supreme Court verdict. Each applicant receives a score based on an academic index including GPA and SAT scores, combined with another score for Personal Achievement, which includes a host of

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criteria including potential, leadership, community service, and socioeconomic status and race. The NAACP Legal Fund stated that “each applicant is considered as a whole person, and race is considered in conjunction with all other factors, not in isolation.” Plaintiff Fisher and her attorneys argue that the admissions policy of UT-Austin is discriminatory and treats her unfairly. African-Americans and Latinos are given preference based on race rather than having their acceptance based primarily on their grades and SAT scores. Fisher told The New York Times that she would prefer that race be excluded as a factor in admissions and “that everyone will be able to get into any school they want no matter what race they are but solely based on their merit and if they work hard.” The NAACP Legal Defense Fund noted that Fisher was not in the top 10 percent of her class and scored 1180 out of 1600 on the SATs. Based on her low academic index, she likely would not have been accept-

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ed into University of Texas even if race weren’t a factor. She graduated from Louisiana State University in 2012. David Hinojosa, regional counsel for MALDEF, based in San Antonio, Texas, questions the crux of Fisher’s case. “At the end of the day, she wants you to look solely at SAT scores,” he said. Her argument overlooks the fact that the University of Texas’ holistic approach incorporates 16 different factors; race being just one of 16 criteria. Race doesn’t add points to an applicant’s overall achievements. “Her argument is ‘I had higher SAT scores than some of those African-Americans and Latinos accepted and therefore you should have picked me.’ But there were White students accepted with lower scores than hers,” Hinojosa said. Hinojosa is also not clear why the Supreme Court agreed to pursue this case. “It’s baffling,” he said. There hasn’t been any dissent in lower courts, which often prompts the Supreme Court to revisit a case to clarify an issue. “We can’t get

inside the judges’ heads, but it does seem to be an activist approach,” he said. Josh Civin, counsel to the director of litigation at the NAACP Legal Defense Fund (which is an organization separate from the NAACP), considers the “blended” approach one of the particular factors that might have spurred the Supreme Court to consider the case. All universities have different admissions approaches, but the combination of the University of Texas’ admitting students based on being in the top 10 percent of the class blended with the holistic approach incorporating numerous factors is a new wrinkle. Yet he said the NAACP Legal Defense Fund doesn’t consider it distinctive as an admissions strategy or think it warrants revisiting the 2003 case. One of Fisher’s arguments is that accepting the top 10 percent of every class produces sufficient diversity. Even with race as one criterion, the number of Latino and African-American students attending the University of Texas does not match the state’s growing minority population. Texas’ population consists of 38 percent Hispanic and 12 percent African-American, and Hinojosa notes that more than 50 percent of students in Texas public schools are Latino. In the fall of 2011, freshmen enrolled at University of Texas consisted of 26 percent Latino and 6 percent African-American. In 2004, the year before the University of Texas included race as a factor, the freshman class was 4 percent African-American and 17 percent Latino. In 2008, the year Fisher applied, the class was 20 percent Latino and 5.6 percent African-American. The NAACP Legal Defense Fund says that socioeconomic factors should be considered because “children born in lower-income and working-class neighborhoods face more obstacles than children born a zip code or two away.” If the Supreme Court invalidates the 2003 ruling or even weakens it, that could discourage minority students from applying to the University of Texas and other colleges throughout the United States. “The message it might send to prospective students might present the greatest harm. It might dissuade students from applying to and attending the University of Texas,” Hinojosa said. In addition, Torres noted that removing race from consideration for the University of Texas admissions department intrudes on its ability to decide on its students. “It would dramatically affect the make-up of the student body in terms

of different kinds of diversity, including interests. What if we needed more math majors, for example,” he said. Torres says that Fisher’s attorneys are arguing that the Top Ten Percent Plan produces a race-neutral approach that creates diversity. But

Melissa Hart, associate professor at the University of Colorado Law School

to exclude race, or socioeconomic background, for that matter, prevents a college from evaluating a student’s three-dimensional character. “To exclude race, you’re not taking into account the full consideration of who they are. Race is inextricably bound to who we are,” Torres said. Moreover, Torres said that the University of Texas created a system that is narrowly tailored to the kind of students it wants to attract to create a diverse student body. It didn’t give weight to any one factor but raised the question of what kind of student body do we need that will enable the University of Texas to accomplish its goals and educational mission? Civin said that 100 colleges and the military have supported the NAACP Legal Defense Fund’s brief in support of the 2003 verdict. When Proposition 209 took effect in California, minority acceptance at selective colleges like the University of California-Berkeley and the University of California-Los Angeles declined greatly and minimized diversity at those schools.

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Learning doesn’t just take place in a classroom. “For many students, college is the first time they’d interact with students who are different from them,” Civin said. Since so many private, public and suburban schools are segregated, many students have studied in homogeneous school populations. A diverse student body enables students to challenge any prejudices and preconceived notions and prepare to work in a multicultural workforce. Before the 2003 Supreme Court verdict, when fewer minorities were accepted into the University of Texas, problems ensued because of the scarcity of minorities in classes, AfricanAmerican students, whose population was considerably lower than that of Latinos, felt isolated on campus. Surveys revealed that 80 percent of classes included zero or one African-American student. “In that context, students felt like tokens and were asked to give the Black perspective on issues. That hindered their ability to fit in,” Civin said. Melissa Hart, associate professor at the University of Colorado Law School, collaborated with the Mexican American Legal Defense and Educational Fund, MALDEF, to file a brief supporting the 2003 Grutter Supreme Court verdict, on behalf of several Hispanic organizations. The brief includes data showing that the University of Texas’ Top 10 Percent Plan didn’t produce the same amount of diversity as prior to 1996. Moreover, Hart makes the case that spots aren’t set aside for diversity’s stake. White students are admitted during the holistic review, as are minority students. What’s at stake in the Supreme Court’s decision? Torres said if the 2003 decision is abridged, “colleges won’t be able to reach out to a variety of talented kids of any race. It’ll be restricted to some standardized techniques, which in fact miss the talent of many applicants of any race.” Secondly, it undermines the university’s own judgment to select students that best fit that college’s make-up. And the message to minority students is, “We don’t care about how you were raised or who you are. What we care about is a particular measuring stick that [might] not accurately gauge your capabilities, talents and skills,” Torres said.

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REPORTS/LAW SCHOOLS

Guns, Hazing and Cyberbullying Among Top Legal Issues on Campuses

by Marilyn Gilroy espite the ivory tower label often affixed to academia, today’s colleges are a far cry from their former image of places removed and disconnected from everyday life. In fact, they are the focal point for some of the thorny legal issues occurring in society that spill onto the nation’s campuses. Sometimes these issues involve freedom of speech, but others, especially those that make the headlines, are about safety and security. Fatal shootings, such as the one earlier this year at a University of Pittsburgh Medical Center facility, continue to plague campuses and send the debate about guns directly into the halls of academe. Other legal issues, such as the cyberbullying charge brought in connection with the death of Tyler Clementi at Rutgers University and the hazing death of Robert Champion, drum major at Florida A&M University, are reminders that policies and procedures governing student conduct cannot guarantee protection against tragedy. Furthermore, when institutions try to create and enforce new rules in the aftermath of a traumatic event, it is a complicated process. The goal of enhancing collective security must be balanced against the need to comply with state

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and national laws and regulations, including the rights of individuals. For this issue, The Hispanic Outlook in Higher Education Magazine takes a look at some of the legal issues that are the subject of ongoing debate and discussion inside higher education and by the community-at-large. Guns on Campus According to the Students for Concealed Carry website, there are 200 two- and four-year schools across the country that permit carrying firearms on campus, including classrooms and dormitories. Most are located in Colorado, Utah, Virginia and Michigan, states that have enacted legislation that allows or compels campuses to let students carry guns. There is increasing pressure by pro-gun advocates to push for similar legislation in other states. In the past few years, 14 states have introduced and are still considering measures that permit legal gun owners to bring their weapons to college. Students for Concealed Carry advocates for legally carrying concealed weapons as a means of self-defense. They argue a concealed carry policy allows individuals to fight back against shootings, rapes or other crimes that occur on campus. “Gun-free zones are defense-free zones,” said David Burnett, director of public relations for Students for Concealed Carry, “Since colleges can’t guarantee our safety, it’s time for them to allow us a fighting chance and decriminalize self-defense.” Administrators argue that guns distract from the learning environment and will lead to an escalation in violent crimes on campus, especially when alcohol is present at an event. There also is the possibility guns might be associated with increased suicides. Law enforcement personnel say

that rather than provide protection, the presence of more guns could be dangerous in active shooter situations, making it harder to pick out the actual assailant. The battle over this issue usually takes place in state legislatures where politicians feel the pressure from lobbyists to lift gun restrictions, thus forcing college governing boards to enact reactionary measures. “Gun issues often pit college officials against legislators,” said Dr. Lee Bird, vice president for student affairs at Oklahoma State University, and Saunie Schuster, a lawyer and partner at the National Center for Higher Risk Management (NCHERM). “It’s a question of institutional autonomy and who has the right to make decisions affecting campus safety: the legislature, trustees, campus administrators or students.” Bird and Schuster presented an overview of the impact of various state gun policies on campuses at the Legal Issues in Higher Education Conference last year. For example, Wisconsin is one of the states that passed legislation to allow members of the public to carry concealed firearms. But the Wisconsin legislation also allows university officials to set policy for campus facilities and events. The University of Wisconsin (UW) has responded by delineating rules prohibiting guns in all buildings, including the athletic complex. However, firearms can still find their way into parking lots and on parts of campus because the legislation states that guns cannot be banned from public grounds, which includes the land on which UW is built. Earlier this year in Oregon, the State Board of Higher Education took the offensive and issued an administrative rule banning guns on the state’s system of campuses. When the policy was challenged in the Oregon Court of Appeals, the court ruled the board could not issue an administrative decree banning guns but upheld the board’s authority to set policies governing facilities and events. At the other end of the spectrum are states such as Utah, which requires colleges to allow guns on campus by concealed carry permit holders. In Colorado, the state’s Supreme Court ruled in March that the University of Colorado must allow students with a concealed carry permit to have a gun on campus. University officials have since complied with the law but still have some “gun-free” zones, including ticketed events. Opponents and proponents of guns on campus continue to lobby for their causes. In 2011, Texas became a battleground when a vote on a bill that would require colleges and universities to allow guns passed the Texas House of Representatives but not the Senate. The bill had been considered a “slam dunk,” but support waivered after demonstrations against it and sponsors could not muster the two-thirds majority needed for passage. Hazing – an Enduring and Dangerous Ritual Although hazing generally is associated with fraternities and sorority pledging, it actually occurs in many campus organizations, from sport teams to honor societies. Still, the death of 26-year-old Robert Champion due to a hazing ritual for Florida A&M University’s much-acclaimed Marching 100 band was shocking to many people. According to the autopsy report, Champion died from “blunt force trauma and soft tissue hemorrhage due to contusions on his chest, arms, shoulder and back.” Several band members, who used drumsticks and mallets on Champion, were charged with felonies in the incident. The band has been suspended for the current academic year. A hazing incident at State University of New York-Geneseo in September prompted the university to cancel the remainder of the women’s volleyball season. The move came after six freshman women on the team claimed

they were handcuffed, blindfolded and forced to drink vodka during an initiation party. Eleven team members were arrested in connection with the incident. Another New York school, Binghamton University, was the subject of a New York Times front-page article this fall that detailed widespread severe hazing among Greek organizations on and off campus. Experts say despite extensive anti-hazing publicity, especially when a related death occurs, the practice of hazing is very prevalent. In its 2008 report, Hazing in View: College Students at Risk, the National Collaborative for Hazing Research and Prevention said more than half of college students involved in clubs, teams and organization experience haz-

Source: Bird/Schuster, Weapons on Campus presentation at Legal Issues in Higher Education Conference, 2011.

ing. The findings were based on survey responses from 11,000 undergraduates at 53 colleges. The study described the most common forms of hazing as those involving alcohol consumption, humiliation, isolation, sleep deprivation and sex acts. A majority of students, 69 percent, said they considered hazing part of the campus culture. Consultants on campus safety say it is a mistake to think the hazing is just “a few bad apples” or a situation that just got out of hand. Rather, hazing is the result of multiple factors that generate harmful behavior. “Secrecy and silence are common characteristic of the dynamics of hazing,” said Dr. Mary Madden and Dr. Elizabeth Allan, researchers at the University of Maine who conducted the hazing study. They found 95 percent of respondents said they did report the events to campus officials for a variety of reasons, including minimizing the experience as “no big deal.” The study also indicated many coaches or advisors are aware of the activities. One of the most common perceptions among students is that the hazing ritual promotes group unity. In the case of Binghamton University, the student president of the Panhellenic Council called it “benign bonding exercises.” Yet dozens of students received injuries when rituals included forcing them to walk blindfolded, barefooted and drunk in hazardous situations. Some at Binghamton were branded on their legs and backs. Although hazing is illegal in many states and local municipalities surrounding colleges, police usually cannot intervene without sworn complaints. While college administrators often respond to hazing violations with warning and disciplinary actions, there are many who believe campuses must do more prevention and intervention so that hazing does not occur in the first place.

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“Efforts need to be more comprehensive than simply one-time presentations or distribution of anti-hazing policies,” said Allan and Madden. “Everyone needs to understand that hazing often involves high-risk behaviors that are dangerous, abusive and potentially illegal.”

(Ill.) Community College includes the warning that “any case of cyberbullying that is determined to be of a criminal or legal nature will be referred to local authorities.” That is exactly what happened earlier this year at Rutgers University when Dharun Ravi’s prominent trial focused attention on cyberbullying in college. Ravi faced criminal charges in connection with spying on his roommate, Tyler Clementi, who was engaged in an intimate encounter with another man. A New Jersey Superior Court jury convicted Ravi of several charges under state statutes, including bias intimidation as a hate crime and tampering with evidence.

Cyberbullying Goes to College Although much is written about cyberbullying in middle and high schools, this new form of “high-tech harassment and cruelty,” as it has been called, has found its way to college campuses. Cyberbullying is generally defined as using new technology such as social networks, text or instant messaging to harass others with harmful messages. Last year, two researchers from Indiana State University conducted a study showing that almost 22 percent of college students have experienced cyberbullying. www.tcc.fl.edu Reports show that faculty and student victims (850) 201-8510 VACANCY of cyberbullying have been on the receiving end TDD (866) 221-0268 Fax (850) 201-8489 of smear campaigns and remarks that are racist, ANNOUNCEMENT humres@tcc.fl.edu sexist, and/or homophobic. Some of the messages threaten physical violence. Psychologists Tallahassee Community College • 444 Appleyard Drive • Tallahassee, Florida 32304-2895 who analyze cyberbullying say it is more devasTALLAHASSEE COMMUNITY COLLEGE FACULTY VACANCIES tating than traditional bullying because online content is not limited to geographical boundTallahassee Community College, a dynamic and growing comprehensive community college located in aries and is communicated to a wider audience. Tallahassee, Florida, announces the following fulltime instructional positions for the 2013-14 academic year. The College’s fall enrollment of more than 14,000 students includes nearly 45 percent minority Those who engage in cyberbullying also feel students. The College enjoys a strong reputation for teaching excellence and for producing graduates empowered because their behavior is anonywith certificates or Associate in Arts and Science degrees. Tallahassee is also home to two state mous and avoids face-to-face interaction. universities, Florida State University and Florida Agricultural and Mechanical University. TCC partners with both universities and with a number of private higher education institutions to afford greater College officials face limitations when dealopportunities for all students, faculty, and surrounding communities. ing with cyberbullying due to freedom of expression protections surrounding Internet speech AVAILABLE VACANCIES and the fact that incidents occur when technology is used off campus. It is unclear what the liaBiology English Nursing bilities are for colleges; subsequently, legal Chemistry Head Librarian Nursing (Spring 2013) Computer Literacy Hospitality/Leisure Political Science experts often scramble to determine how both Early Childhood Humanities Psychology existing and proposed legislation impacts instiEngineering Technology Librarian Statistics tutional harassment policies. Math (2) Charlie Rose, general counsel for the U.S. Faculty responsibilities include instruction, professional growth, curriculum development, academic Department of Education’s Higher Education advising, support of college policies and procedures, and participation in department and college Center, has pointed out that the consequences activities and committees. for bullies are often harsher in college settings than in K-12 because students have reached the APPLICATION PROCEDURE age of 18 and are subject to legal repercussions. “Both the perpetrators and the victims are The application review process will begin January 14, 2013 and will continue until all vacancies have been filled. Please note that applications received after January 14, 2013 may not be given consideration. adults, so the legal framework is very, very different,” he said at a 2011 cyberbullying conference. CONTACT INFORMATION Steven J. McDonald, general counsel for the FACULTY HIRING SCREENING COMMITTEE • HUMAN RESOURCES DEPARTMENT Rhode Island School of Design, said one of the Tallahassee Community College • 444 Appleyard Drive • Tallahassee, FL 32304-2895 common misperceptions is that cyberspace is a P: 850.201.8225 • F: 850.201.8489 • E: facpos@tcc.fl.edu separate legal jurisdiction. In fact, he says, conW: www.tcc.fl.edu (Click on “Employment” located in the page footer) duct that is illegal or a violation of policy in the The College will be closed for Winter Break 5 PM, Wednesday December 19, 2012 “offline” world is just as illegal or a violation of Tuesday, January 1, 2013 and will reopen on Wednesday, January 2, 2013 policy when it occurs online. Tallahassee Community College does not discriminate against any person on the basis of race, color, Many colleges have a “no tolerance” policy ethnicity, genetic information, national origin, religion, gender, marital status, disability, or age in its regarding cyberbullying in their student conduct programs and activities. Inquiries regarding the non-discrimination policies may be directed to: codes. Penalties usually include disciplinary Renae Tolson, Equity Officer, Room 146 Administration Building, 444 Appleyard Drive, Tallahassee, FL 32304, (850) 201-8510, tolsonr@tcc.fl.edu. action and possible suspension. Danville Area

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UNCENSORED

by Peggy Sands Orchowski

OBAMA’S ED DEPARTMENT THE “MOST FUN YET” – At the National Press Club in early October, Education Secretary Arne Duncan raved about Pew’s new study reporting that Hispanics are now the largest minority group at the nation’s four-year universities, and that for the first time, Hispanics made up one-quarter (25.2 percent) of 18- to 24-year-old students enrolled in two-year colleges. My seatmate at the head table, Joe Conaty, nodded his head in enthusiasm. “This has been the most fun Department of Education ever,” the director for academic improvement grinned. He should know. He’s worked there for decades. Why is it so fun under Obama/Duncan? “The money,” he said. “We’ve had lots of money to spend.” He certainly includes the solid support for Hispanic-Serving Institutions this term – which might have a lot to do with the rise in the number of Hispanic college attendees. That and the new openness for DREAMers (undocumented high school grads) to attend state colleges, some with in-state tuition and scholarships. There’s been no analysis yet of the impact of DREAMers on Hispanic college attendance however.

THE BEGINNING OF THE END OF AFFIRMATIVE ACTION? – Of the many key arguments made Oct. 10 at the Supreme Court regarding race-based admissions, here are a couple of exchanges that might mark the “beginning of the end.” (Note: Verrilli is Obama’s solicitor general; Breyer is a liberal judge who has supported affirmative action; Kennedy is the swing voter who could determine the decision.) VERRILLI: There’s no quota. Everyone competes against everyone else. Race is not a mechanical automatic factor. It’s an holistic individualized consideration. BREYER: If there are two applicants where the GPA, the test, the grades, the SA1, SA2, leadership, activities, awards, work experience, community service, family’s economic status, school’s socioeconomic status, family responsibility, single-parent home, languages other than English spoken at home, and SAT score relative to school’s average race, if you have a situation where those – all those things were absolutely identical, then the person would be admitted on the bounds of race? VERRILLI: Not necessarily. (THE COURT LAUGHS AND BREYER THROWS UP HIS HAND AND SITS BACK IN HIS CHAIR IN CLEAR EXASPERATION.) VERRILLI: Because – because – I’m trying to make a simple point here. Neither, neither might get in. KENNEDY: I don’t understand this argument. I thought that the whole point is that sometimes race has to be a tiebreaker, and you are saying that it isn’t. Well, then, we should just go away. Then – then we should just say you can’t use race, don’t worry about it.

that would have to enroll in order to get their deferred deportment-action permits. “I’ve never thought about that,” he said, even after having noted earlier that many community colleges are bursting at their seams and open 24/7. Then he added with a smile. “But finding room for them, that’s a problem I would like to have!”

WILL COLLEGES HAVE ROOM FOR TWO MILLION DREAMERS? – Education Secretary Arne Duncan reacted with surprise when asked whether colleges in states with large numbers of DREAMers would have room for the hundreds of thousands

GOODBYE TO PAPER AND HARDBACK BOOKS? – From the upper echelons of the Department of Education to the individual adjunct community college professor planning the new semester’s curriculum, it seems everyone is considering using e-books as the magic bullet to cut college costs and to raise student virtual enrollments. The trend poses a huge dilemma to potential book authors. Why write a book if one earns only pennies a book, or sees whole sections (if not the entire book) plagiarized without a single reference to the original author? And what about those of us who read with a pencil – marking margins and going back to favorite old texts years, even decades later? Chances are, everything will probably balance out in the end. “Book authors will have to decide what KIND of a book they are going to write as well as for whom, what and where it will be read,” according to book designer Anna Lafferty. It will depend entirely on the urgency and dynamics of the information, the quality and permanency that the potential audience wants. Undoubtedly gorgeous full-color hardback books will be just as valued as quickly written ebooks in the near and distant future. Authors will have to determine the book’s niche before writing and producing it.

COLLEGE DEGREES AND JOBS: THE FOCUS TURNS TO NONPROFITS – For the past two years, outrage about the high rate of student debt and loan defaults of students at for-profit colleges have been the focus of congressional investigations. Senators Dick Durbin, DIll., and Tom Harkin, D-Iowa, have demanded that for-profit college fees be based on the prospect for “gainful employment” after graduation. But a two-year Senate report on for-profit college abuses released in August got no play at all in the press. The focus is now on what a degree is worth at ALL colleges – nonprofit, private and for-profit. Margaret (Peggy Sands) Orchowski was a reporter for AP South America and for the United Nations in Geneva, Switzerland. She earned a doctorate in international educational administration from the University of California-Santa Barbara. She lives in Washington, D.C., where she was an editor at Congressional Quarterly and now is a freelance journalist and columnist covering Congress and higher education.

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IMMIGRATION/LAW SCHOOLS

Experts Share Views on the Two

by Michelle Adam years ago, Arizona took the country by surprise when it ual’s immigration status during a “lawful stop, detention or arrest,” or durpassed the broadest and strictest anti-illegal immigration ing a “lawful contact” not specific to any activity when there is reasonable measure in recent U.S. history. But the measure, despite suspicion that the individual is an illegal immigrant. Since, at the time of setting a precedent for other states to follow, has only met with opposition the Supreme Court decision, Arizona had yet to enact its law (until now it that has, until recently, stalled any implementation of the law. was blocked in higher courts from being implemented), the argument was The greatest opposition came from the federal government. In a made that it was too early to determine whether the “show me your Supreme Court decision, Arizona v. United States, of June 25, 2012, this papers” provision was unconstitutional, and only once this law were to be arm of the federal government ruled enacted could this be determined. to block three of four of the state’s “This opinion does not foreclose main anti-illegal immigration proviother preemption and constitutional sions. The court let Arizona know challenges to the law as interpreted that it had stepped on the federal and applied after it goes into government’s toes, trying to enforce effect,” stated the court. immigration laws that belong to it. When Arizona SB 1070 became Yet one provision of Arizona’s law law two years ago, Arturo Ríos, was accepted by the court, leaving adjunct professor of law at Stetson the door open for further controverUniversity College of Law and attorsy around the state’s immigration ney at Ríos Immigration Law Firm laws and those of other states considin Florida, was certain it could not ering doing the same. pass muster. “This was an “This law was passed because encroachment of federal law. I was Arizona thought the federal governexpecting a very stern, no-wigglement wasn’t doing its job, but the room response from the Supreme Supreme Court made it clear that the Court.” federal government should make “The outcome threw a lot of policy decisions on how to enforce people,” he added. “My biggest the law,” said Barbara Hines, clinical concern with the Supreme Court professor and co-director of the decision is the fact that there is wigImmigration Clinic at the University gle room and this will tempt other of Texas (UT)-Austin School of Law. states to come up with their own “I am concerned, though, about the version of the Arizona bill. Allowing part of the law that was upheld.” a state to get involved in immigraBarbara Hines, clinical professor, co-director, Immigration Clinic, The Supreme Court struck down tion issues is like having a police UT-Austin School of Law the following provisions of Arizona officer pull you over and ask you if SB 1070 because it felt the state was you paid taxes.” trying to do the federal government’s job: It was a state misdemeanor While the higher court made it clear that the federal government was in crime for an alien to be in Arizona without carrying the required docu- charge of immigration, and not Arizona, Ríos and others are concerned ments (U.S. federal law requires all aliens over the age of 14 who remain that the bit they did accept will only lead to needless racial profiling of in the U.S. for longer than 30 days to register with the U.S. government and Hispanics and other groups who might be suspected of being illegal immito have registration documents in their possession at all times. The federal grants due to skin color. government has always been responsible for enforcement of this requireHe already gets calls every day from Hispanic, Hindu or Indian clients ment). The Arizona law also sought to make it a state crime for a nonciti- who are pulled over for speeding or running stop signs and are then zen to work without authorization, and to give state and local police offi- detained in local jails for not carrying identification. In these cases, local cers more power than federal officers to arrest immigrants they believe are authorities call ICE (U.S. Immigration and Customs Enforcement), which removable from the U.S. might decide to keep them in prison even after they pay bail. With the The court did, however, allow Arizona to maintain one provision that accepted provision of Arizona’s law, Ríos fears that more Hispanics and requires state law enforcement officers to attempt to determine an individ- people of color could be pulled over or suspected under any circum-

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Supreme Court and Arizona’s Immigration Law stances, and then sent to prison even though ICE might not be able to han- Utah – enacted similar laws. Legal challenges were filed in each state, and dle the increased case load showing up. the laws have been partially or wholly enjoined. The federal government “The problem with this is that it is toothless if the federal government also filed complaints against laws in Alabama, South Carolina and Utah. On isn’t going to do anything about it. Even if someone has a green card, they Aug. 20, 2012, the U.S. Court of Appeals ruled on the Alabama legal chalcan be taken to local facilities, but then it will depend on the workload ICE lenge, striking six provisions on preemption grounds and upholding, dishas that day. And the local facility can charge ICE for them to hold them missing and remanding other provisions. [thus adding to local revenues],” said Ríos. “It’s toothless at the end of the In 2012, some other states – including Kansas, Mississippi, Missouri day, but I don’t see how this doesn’t lead and Rhode Island – introduced immito racial profiling. You are opening up gration bills that would require law Pandora’s box and giving free reign for enforcement to verify immigration status people to be questioned about their during a lawful stop, making it a state immigration status.” crime for failure to carry a federal immiRíos isn’t the only one concerned gration registration document, and creabout Arizona law opening a “box” that ating penalties for transporting or harfurthers racial profiling. Among many boring illegal immigrants. None of these organizations and individuals throughout bills were enacted. the country, Barbara Hines is also wary Today, only Arizona and Alabama have of what is to come. “It is very hard to been given the green light to follow prove racial profiling. You can be going through on their “show me your papers” over the speed limit and because you provision, and other states might be wise look Latino be pulled over,” she said. to wait and see if the Supreme Court or “Arizona law says you may not consider other federal courts intervene again in race for determining reasonable suspiresponse to complaints of racial profiling. cion except when determined by law. Yet, “These have been mainly Republican race can be considered one among other legislations. I think this is a very cautionary factors for lawful reasonable suspicion tale. It has alienated the Latino population. with immigration law.” The states could pass laws like this, but the The issue of race has been at the question is whether this is a wise political forefront of Arizona’s immigration law decision for your community,” said Hines since the beginning, and it continues to several months before the elections. be so, according to the professor. “As a Either way, “I don’t think it’s over,” person representing immigrants for she added. “Immigration is a very divimany years, I was very disturbed with the sive issue in this country, but I don’t law. It was couched in immigration ter- Arturo Ríos, adjunct professor of law, Stetson University College think the level of strident immigration of Law, attorney, Ríos Immigration Law Firm minology, but it is really a response to a debate is just about immigration.” growing Latino population. It is about the It’s not over for many groups fact that lawful immigration of this country, of primarily Hispanics and throughout the country that continue to fight the remaining part of Arizona Asians, is changing the demographic make-up of this country,” she said. law or any other legislation that may become a breeding ground for dis“The first of these kinds of laws were in municipalities in Pennsylvania crimination. MALDEF (Mexican American Legal Defense and Educational and Texas, and they were rental agreements. In the Texas municipality, you Fund), one of various groups active on the matter, reacted to the Supreme had to have legal documents to rent a house. People were saying that Court decision, saying, “The Court’s decision reaffirms longstanding law on groups didn’t speak English and all lived together and painted their houses exclusive federal authority in the area of immigration regulation. The in bright colors. I don’t think many of these laws are about having a per- Supreme Court unequivocally states that ‘the Government of the United manent resident card in hand, but more about changing demographics.” States has broad, undoubted power over the subject of immigration and The changing demographics throughout the country might have the status of aliens.’ The Court concluded that while Arizona may be frusprompted other states to follow Arizona’s example regarding immigration trated with the problems in its state, it cannot pursue policies that underlaw. In 2011, five states – Alabama, Georgia, Indiana, South Carolina and mine federal law.”

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The Arizona law also sought to make it a state crime for a noncitizen to work without authorization, and to give state and local police officers more power than federal officers to arrest immigrants they believe are removable from the U.S.

The organization also made clear that it “will continue to fight to erase the vestiges of anti-immigrant law SB 1070 and its progeny from the laws of Arizona and beyond.” Arizona SB 1070’s “show me your papers” provision took effect in mid-September. Along with it, concerned groups have organized means of monitoring its effects and potential racial profiling on local populations. “It’s definitely a new phase, and one where we’ll be looking very carefully to monitor for civil rights violations in the state,” said Karen Tumlin, managing attorney with the National Immigration Law Center, one of a coalition of groups that challenged the law. “There is a hotline set up ... where folks can report any violations or questionings or detentions that happen under the law.” While the struggle continues over immigration and laws that directly impact millions of Hispanics throughout the country, there remains a strong need to address federal immigration policy as a whole. “We need comprehensive immigration law so there are fewer undocumented people. This would allow some of the population here to legalize its status,” said Hines. For Ríos, comprehensive reform would require the nation to determine the number of people who are here legally. “If you want to have stricter immigration law – and we are at the highest level of strict immigration law in our recent history – you have to quantify who is here. And the only way we can do so is by some kind of amnesty and immigration reform,” he said. “Of course, if you have a criminal record you can get deported now. But there have been people here paying taxes for 20 to 30 years.” When asked about the future, Ríos concluded, “It wouldn’t surprise me if there were immigration reform in the near future, no matter who wins the elections.”

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LEGAL INITIATIVES/LAW SCHOOLS

Undocumented Students and Education: 30 Years After Plyler v. Doe

“June

by Thomas G. Dolan 15, 2012, marks the 30th anniversary of the landmark U.S Supreme Court decision on Plyler v. Doe, that required public school districts to educate all K-12 children regardless of their citizenship status,” says Michael A. Olivas, Ph.D., professor of law, University of Houston Law Center, Texas. “The decision was the best our country has to offer: compassion, a fierce belief in reducing inequality, and political and personal courage.” Olivas, who has published the first full-length book on this case, No Undocumented Child Left Behind: Plyler v. Doe and the Education of Undocumented Schoolchildren (NYU Press, 2012), says he was pleased with this decision, it never occurred to him it would have such a major impact, it would last as long as it has, and would create an upward pressure for postsecondary immigration students. Yet Olivas also says, “This case continues to require vigilance because some states still attempt to enact their own laws on the schooling of undocumented children, as Alabama did when it passed a statute requiring registration of its schoolchildren. We desperately need to enact comprehensive immigration reform, and until then, we need a robust DREAM Act.” In 1975, the Texas Legislature passed a law that it would not fund education for illegal immigrants. When the number of Hispanics started increasing in the Tyler School District, the superintendent Jim Plyler, in 1977, recommended to the school board the policy of charging $1,000 for each child of illegal immigrants. “The policy wasn’t very well coordinated,” says Olivas. “For if the parents could not afford the $1,000 to send their child to school, they would be subject to the truancy laws.” Shortly after that, on Sept. 6, 1977, the Mexican American Legal Defense and Educational Fund filed a suit in Tyler federal court on behalf of three Mexican-American couples and a single Mexican-American parent named as the guardians of 16 Mexican-American children, the “Doe” in the case caption. Five days after the suit was filed, U.S. District Judge William Wayne Justice issued a preliminary injunction to stop the district from implementing its tuition policy. On Sept. 12, the court put the children back in school. Justice later issued a permanent injunction. The case was appealed to the Fifth Circuit in Houston and ultimately consolidated with a number of other cases and brought to the Supreme Court in 1981. In its decision the following year, the Supreme Court ruled 5-4 that the Texas statute, which withheld state funds for the education of children who were not “legally admitted” into the country and authorized school districts to deny enrollment to those children, violated the Equal Protection Clause of the 14th Amendment. Justice William Brennan, writing for the majority, described illegal minors as “Special members of this underclass” and wrote: “Those who elect to enter our territory by stealth and in violation of our law should be prepared to bear the consequences, including, but not limited to, deportation. But the children of those illegal entrants are not compara-

Michael A. Olivas, Ph.D., professor of law, University of Houston Law Center

bly situated.” For a long time, all went well. There were only a few state and one federal challenge to Plyler. That decision, however, didn’t address higher education. For a time, an upward momentum appeared on its own, says Stella M. Flores, an assistant professor at Vanderbilt University who investigates the impact of state and federal policies on college access and completion for low-income and underrepresented populations. About 12 states initiated tuition and financial aid for immigrant offspring, including Texas. This positive trend lasted from about 2001 to 2005, but then, about 2006, with the advent of the Tea Party and recession, a backlash developed. “Several states started introducing legislation that prohibited higher education opportunity for illegal immigrants,” says Flores, whose work has been cited in the 2003 U.S. Supreme Court Gratz v. Bollinger decision

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(dissenting opinion) and in various amicus briefs in the Gratz v. Bollinger The solution has been apparent for years, Coll continues: “Congress and Grutter v. Bollinger Supreme Court cases on affirmative action in needs to establish a legal temporary-work program, legalize the law-abidhigher education admissions. “Some of these states barred illegal immi- ing undocumented workers who are already here, and link that amnesty to grant children from in-state tuition benefits. Others barred admission alto- sustainable enforcement measures for businesses and at the border.” gether. Although these states, some of which are in the South, have relativeThe trouble is that both presidents George W. Bush and Barack Obama ly small numbers of Latinos, the trend makes a statement. It sends a mes- have sought this grand bargain in Congress as the best way to address sage to the people moving to those states, a message about race relations.” America’s 11 million undocumented immigrants and both failed. The last Olivas points out that Arizona, with its 30 percent population of time, December 2010, the act was narrowly defeated. Hispanics, at least provides some basis for xenophobia of the rest. But disSince then, immigrant youth and their supporters, including Olivas and criminating states such as Alabama, almost 100 law professors, have Georgia and North Carolina have very called upon Obama to provide small Hispanic populations. He cites administrative relief. The Obama one case in which the U.S.-born administration repeatedly stated it daughter of illegal immigrants lacks the legal authority. However, worked her way through the educathe professors sent the White House tional system and got into college. a memo outlining three legal mechShe got a traffic ticket, records were anisms that could allow Obama to checked, and so ended her college exercise his executive authority. career. On June 15, 2012, Obama Since Plyler doesn’t address announced that he had given his higher education, Flores says, approval for the Department of “higher education access has Homeland Security to use its “prosbecome a building ground for states ecutorial discretion” to stop deportto either attack it or provide it, yet ing certain young, law-abiding there’s still not sufficient resolution undocumented immigrants. It’s an to allow students to take advantage apparent stopgap measure, obviousof whatever education they’ve ly short of the full benefits of the obtained if they’re undocumented.” DREAM Act, which failed to pass, The resolution that would have but at least it does something. allowed for this solution was the But for many, Olivas, for one, the Development, Relief and Education new plan is a great disappointment. for Alien Minors (DREAM) Act, “Within the niche where I reside, which would provide high-achieving most of my friends and colleagues students a pathway to citizenship. are supporters of President Steve Coll, in the July 2, 2012, Obama,” Olivas says. “He is one of issue of The New Yorker, writes, us, a former law professor, a liberal, “Brennan’s principle inspired the and – a point of pride for many of DREAM Act, which is shorthand for a us – a person of color who has navseries of immigration reforms that igated his way in the whitest of have come before Congress since worlds. But among those of us who 2001, often with bipartisan support. teach immigration law, the jury is These proposals build on Plyler’s still out. He has not pursued immiStella M. Flores, Ph.D, assistant professor of public policy and higher education, Vanderbilt University ideas: the children of illegal immigration reform as aggressively as he grants are innocent, and so the most promised, while he has been among achievement-oriented and compliant among them deserve rewards, the most aggressive enforcers of immigration law in history.” Olivas gives including citizenship.” the chilling statistic that this administration removed and deported nearly Yet the trouble with Brennan’s formulation, Coll continues, is that the 400,000 unauthorized immigrants last year. Many more than Bush. same reasoning that presumes innocent children also presumes guilty Prosecutorial discretion has, in fact, been in effect since June 2011, adults. But, though there are no doubt some criminals among the undocu- with the intent of deporting known criminals and giving consideration for mented, the vast majority came to this country to work, and were invited students who would qualify under the DREAM Act, Olivas says. But fewer and tolerated for their willingness to do labor-intensive work the Whites than 300 such students have been granted administrative closure thus far. did not want to do, at substandard wages. “To criminalize those who The plan includes deferred action, but only delays deportation for two responded to this ambiguous employment opportunity is irrational and years. [Late last month, Janet Napolitano reported that under the new rulinconsonant with American history,” Coll says. ing 3,000 were applying each day and that the processing time for each is

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four months, during which applicants are not deported.] The students’ status is essentially frozen, Olivas says. “Tens of thousands of undocumented students are making their way through college without federal financial support and with little state financial aid available,” Olivas says. “Yet they persist – only to find that they cannot accept employment or enter their professions they have trained for. Thus cases of undocumented law-school graduates who have passed the bar are surfacing in California, Florida and Yew York, and more will surface soon enough concerning lawyers, doctors, teachers, psychologists and others as

more and more unauthorized students graduate from college.” Moreover, Olivas says, outside the dozen states that have reached out to undocumented students, those in other states will not be able to raise a claim under this new policy for they won’t be able to enroll in college. Yet Flores, whose recent work has been funded by the Bill & Melinda Gates, Lumina and Ford foundations, and by Vanderbilt University, has a somewhat different take on this topic. She says she understands Olivas’ view, but also asks, “What’s the alternative? A Republican administration will deport these students in one year instead of two. Obama’s executive order is seeking the middle ground. It’s a temporary pathway, moving in the right direction. For ultimately, the law will be made at the federal level.” The New Yorker’s Coll also sees the plan as imperfect, one that “leaves a vast number of law-abiding but undocumented residents in the shadows.” Still, Coll says, “Under Obama’s plan, illegal immigrants under the age of 30 who were brought to the United States as children and have certain other qualifications, such as a high school diploma and a clean police record, can apply for work permits and the right to live free from the fear of arrest. The decision is no Emancipation Proclamation, but it has some of that document’s transformational quality: there are few moments when a president, with a single act, can immediately uplift and legitimatize the lives of so many.” In fact, says Paul Begala, in the July 2 & 9, 2012, issue of Newsweek, “Some 800,000 young people who have done nothing wrong can now be protected from deportation.” Begala’s main point: “Lincoln was given the legal authority to free the slaves in the rebellious South in 1861. In July of 1862, he finally told his Cabinet he was ready to do so. But he didn’t. Lincoln withheld the Emancipation Proclamation, the most important presidential directive in American history, for months, finally issuing it on Sept. 22, 1862, five days after the battle of Antietam – for political reasons. Should we scrape him off Mount Rushmore?”

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New York Law School Initiative: LEGAL INITIATIVES/LAW SCHOOLS

Educating Attorneys and the Public About Immigration Law E

very year since 2001, U.S. immigration officials have apprehended countless juveniles who have entered the country illegally, many of them unaccompanied or seeking refuge from abuse or maltreatment in their home countries. In fiscal year 2011, the Department of Homeland Security reported about 11,000 apprehensions, yet this number does not represent the number of undocumented children in the U.S. because it only reflects apprehensions at the border. Others arrived with family members who were not able to care for them, or simply were unwilling to do so. And such undocumented immigrants are not entitled to legal counsel at government expense, a situation that thrusts many immigrant children into a complex and confusing maze. Over the last six years, the Safe Passage Immigration Project at New York Law School has worked with volunteer attorneys and law school students to provide representation of unaccompanied minors in the immigration process. And on the front lines has been Lenni Benson, a law professor at the school and director of the project. Benson, a nationally recognized expert specializing in immigration law and political asylum, has spent considerable time this year retraining and preparing attorneys on how to better handle situations involving undocumented children, as a result of dramatic changes in federal law. She has provided trainings, resources and mentoring to volunteer attorneys regarding Special Immigrant Juvenile status, and other possible immigration alternatives for children. Earlier this fall, Benson launched seminars at New York Law School to better prepare attorneys who represent immigrant youth in immigration and family court proceedings. In one three-hour program, attorneys observed simulated scenes from proceedings held in immigration court and in family court as a young immigrant was helped through the system. “The impact of Lenni Benson’s work extends far beyond the walls of the classroom, and her expertise and energy exemplify what makes our school and faculty a powerhouse,” said Dean Anthony Crowell. “By leveraging her talent and activist spirit in the field of immigration law, Lenni has created countless programs to connect our students and alumni with unique opportunities to provide critical pro bono services to the immigrant community, while enhancing their legal education as they train to become the next generation of immigration lawyers.” Benson talked with The Hispanic Outlook in Higher Education Magazine about her work, and the urgency to better educate and prepare attorneys as a result of changes in federal law. The following are excerpts from that interview.

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The Hispanic Outlook: What interests you most about immigration law? Lenni Benson: I’ve thought about this over the years. I am very committed to the law treating people as individuals, and when something like immigration status defines someone’s life, rights, responsibilities and opportunities, then the law is drawing a box around someone. I want to be sure the procedures and the content of those divisions, that line drawing, is fair and implemented without bias, and provides people with the ability to contextualize their circumstances. I don’t think anyone likes to say our criminal system and our civil system are unfairly nuanced. We can all say that certain activities are forbidden, but how our society prohibits and regulates that activity, well, the devil is in the details. The important thing for me is that people are treated with fairness and respect and integrity. I’ve been in the field for 30 years, and I’ve never been bored by it. I find it everrenewing, ever-changing and ever-challenging. I’ve seen much societal progress to greater rights, and there’s been a retrenchment in the field of immigrant rights, so it seems even more important that I train fellow lawyers in this area that is very complex and little understood. HO: How dramatic have recent changes been? Benson: It’s been in the last few years, not just this year. What has happened is a polarization, and people find it difficult to grasp the complexity of the issues. On one hand, we have many states exploring whether they can regulate people who are noncitizens in their state, for example, limiting access to renting an apartment, operating a business or getting a law license. It is one of the most active areas of state and local regulation now. Local and state governments are trying to find a place where state and local government can be engaged in the regulation of immigration. I can empathize with communities that feel there has been rapid change, or have concern about growth or housing. Sometimes, immigration law is a surrogate for racism and a lack of cultural understanding and a lack of awareness. And in some communities, in particular where Hispanic populations have grown, there are people who feel threatened by that change, and one of the assumptions is to question how “those people” came to live in their community. “Those people” may be U.S. citizens, or they may be residing in the U.S. without papers. We know that some studies have shown that 40 percent of those households are mixed with undocumented and lawful residents or citizens residing together. Sadly, it can be nearly impossible to regularize your status, even with U.S. citizen relatives, once you have violated the immigration laws. Sometimes I joke with my students and say, “I miss the Cold War.” When we had this external focus, another to focus on

by Jeff Simmons

outside of the United States, there was a little less anxiety in society about immigrants. So I’ve seen a real increase in both state and local issues around federal enforcement.

Lenni Benson, law professor, director, Safe Passage HO: Explain the changes. Benson: On one hand, we have an administraImmigration Project, New York Law School tion with the highest levels of removals ever. And on the other hand, we have an administration that is looking for ways to get The word “illegal” occupies all of the reasoning space. Instead, people around congressional gridlock and deal with our undocumented popula- should pause for a minute and ask that if there are so many people who tion, because Congress is unwilling to address the issue. The new Deferred don’t have a right to live and work here then we should take the time to Action for Childhood Arrivals (DACA) is partial status for people who might learn about our laws. The legal immigration system is so disconnected from one day qualify for Dream Act protection if Congress would ever pass the the reality of the labor market that they might say, “Now I understand why a DREAM Act bill. The administration can’t clear all of the obstacles out of the foreign student who graduates here and wants to work in the United States way without statutory change, so they are trying to retool the prosecutorial should have a gateway to do that legally.” But to look at people who have discretion and encourage people to come forward and apply for this violated the rules and say they should never be forgiven or there should deferred action status. It’s not transforming people into legal citizens; it’s never be a path to correct the errors, that person does not understand the not like the president waved a magic wand. This is just a provisional pro- complexity of the system. gram that relieves people from the fear of removal and allows them to apply for work authorization. It is difficult for people to trust that it is safe to HO: For example? come forward and apply when they are seeing record rates of deportations. Benson: Suppose we had a person who was supposed to file for a selfI’m sure that lawyers in all fields feel that the layperson doesn’t know the employment tax, and there are many independent contractors who don’t, terms, the art of their specialty. So let’s talk about the term “illegal aliens.” they don’t do the quarterly reporting they are supposed to, and instead The term “illegal” usually refers to criminal conduct. Many people who are wait until the end of the year. That person suddenly discovers he owes a here in the United States who no longer have any right to be here entered hefty bill to the IRS or even the state system. We don’t say “you violated the the United States lawfully, and they’ve remained here when their period of law; you can’t be an independent contractor.” The IRS couldn’t possibly authorized stay expired or they violated the terms of the visa category that function if they went after every business that didn’t operate properly. I allowed them to enter. They are undocumented, and they are out of status. don’t understand why people think immigration law is so different than tax But those people have not committed a crime. But there also is another cat- enforcement. Our systems only work where there are ways to correct egory of people who enter the country surreptitiously. They could be con- errors and make people more law-abiding. We don’t forever lock them sidered someone who has violated criminal law. That is a misdemeanor, out. Since 1996, once a person resides for a year of unlawful presence in and only rises to the level of a felony if the illegal entrant has been formally the United States, if that person ever tries to start over and re-enter the ordered to leave the country before. In recent years, the federal government country with the proper documents, he or she is subject to a 10-year bar. does sometimes bring these types of criminal prosecutions. It’s estimated Because of that bar, I believe we have actually created an incentive for peothat 11 million people live without status in the United States. Some might ple to remain in the country. These people are people that, prior to this have illegally entered and others overstayed. But to take millions of people provision, would have found an employer or relative sponsor and acquired and call them illegal aliens because some of them might have committed a the proper visa. People can’t do that anymore. So we’ve trapped people in misdemeanor is inappropriate to me. What happens in our minds and in the United States. Many of these people decide they will remain hoping that our analysis is that we become absorbed by this idea of illegality. That gets the law will change and offer them a path to legal status. into issues of morality or abuse, and someone trying to game the system.

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HO: What is New York Law School doing to address these concerns? Benson: I’ve been there almost 20 years, and I love teaching there. New York City is a city where more than 36 percent of the population is foreign-born. We offer many more immigration-related courses than other schools do. We are trying to educate as many law students as possible and others in the community about all of the ways that immigration law intersects. I teach a survey course. For 16 years, we have also had advanced immigration law and placement, where we work with each student, identify the area of law they are interested in, and then place them with great law firms and nonprofits in the city, so students get real experience. Once a week, we meet with those students as a collective group, and students do simulated law firm work and law reform work in that class. Usually, by the end of the semester, students are able to produce an educational program for lawyers on complex and difficult topics in immigration law and policy. We also started a refugee law course about two years ago. New York Law School and I reached out to Catholic Charities, which has an immigration unit, which is a nondenominational, nondiscriminatory public clinic. We partner with their law department and place students in the clinic for a year; the students get tremendous experience, and one student wrote a brief to the U.S. Supreme Court. We have external partners, and have had students working in criminal prosecution units, working with their professors, and bringing in experts from the outside for a boot camp so they can understand the impact of the criminal process on someone’s immigration status. For instance, they learn that if you have two convictions such as for shoplifting, you are deportable. We also have a class where the students and several volunteer organizations and adjunct professors cover the juvenile docket at the New York Immigration Court. We then try to evaluate the cases and find pro bono counsel for these children who do not have the right to free counsel in the immigration proceedings. HO: What’s been the affect on the school’s offerings? Benson: I have been spending time working on integrating throughout our curricula and specialty courses an awareness of the particular vulnerability of immigrants. I taught a basic course using materials that are sophisticated, interlocking hypotheticals, so that students are asked to go into problem-solving and strategy mode. It’s not just a theoretical discussion. I am trying to teach a course that simulates every day, as if we are government or corporate lawyers, even lawyers who are representing individuals. We are always examining these problems from a real-world perspective, and it’s complex. HO: Why do you find this important? Benson: I’ve been a lawyer for 30 years, so whenever I do anything, whether it’s opening a new bank account or enrolling my child in school, I am always amazed that anybody can do anything in life without a lawyer. In immigration law, not understanding a lawyer who is trying to assist someone and isn’t well-trained or well-educated can do so much harm if they don’t understand the underlying law and legal concepts that go beyond every form they must complete. They are taking someone’s life in their hands. It is transformative and exciting. As an immigration attorney, you may help a business to hire someone they want to hire. Both the employer and the employee are able to achieve their objectives. Or you may help a refugee remain in the United States and be reunited with his or her family.

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HO: Tell me about Safe Passage. Benson: Safe Passage was founded in 2006. It was a small project until this year when we expanded it to include the juvenile docket at immigration court. Once a month, we are responsible for acting as a friend of the court, and the court sends us a docket list of all the children, mostly under 18 years old, who are in removal proceedings. My students and the faculty who help in the project volunteer pro bono. We go to immigration court, meet with the children one on one, educate them about the process, and see if there is any availability of a path for them to remain in the United States. We are finding that a high percentage of these young people – about 60 percent – want to remain in the United States, if a lawyer can be found to help them apply for asylum or special immigrant juvenile status. This status is a general provision for children that were abused, abandoned or neglected by one or both parents. So it is really recognition by Congress that there are young people who run away from home, or are smuggled here, who are on their own, and are very vulnerable. So this is a pathway to full legal status only for the child. The program does not convey benefits on the parents. This is a vulnerable population in immigration court, and facing removal. If they are in family court or criminally prosecuted, they are appointed a lawyer. So in our project, we write up the case and contact former students, alumni colleges and pro bono attorneys throughout the New York City area and ask them to take on the case. If they take on the case the students and I help by mentoring to facilitate the representation. I’m very excited about the project. When you are a professor, you spend a lot of time writing and thinking and producing policy work. With this project, we are going to transform lives, and turn someone who would have been deported into someone who will be on a path to citizenship. You can’t believe how good it feels when you see a 14-year-old girl with the biggest smile in the world when you tell her she is going to get a green card. I can tell you that in all of my years of practice, I’ve never felt this intense regard for being a lawyer by being able to be someone’s guide. HO: Recently, you’ve been holding a number of seminars that have been well attended by lawyers and the public. I understand a significant number of attendees have been Hispanic. Benson: The first event was in August and was for law students throughout New York City, and it was about deferred action on childhood arrivals. About 150 students attended an intense, three-hour training. Then in September, we had an event where people involved with deportation policy came in to talk with a diaspora of people about work around the world, and the political and social consequences of this intense removal system. We then had training for 250 attorneys, and 25 law students on how to represent special immigration juveniles in immigration court. And then in late September, we had an evening discussion for start-up ventures and hightech entrepreneurial people about the difficulties businesses face in obtaining visas, especially when they are start-up companies. Most recently, we had a clinic for members of the public with the City Bar Justice Center and the New York Immigration Coalition, and 65 members of the public signed up to meet with lawyers and law students and to prepare applications for deferred action. It’s estimated that in New York state there are 70,000 people potentially eligible for this action. So you can imagine the need for lawyers and pro bono lawyers. My observation has been that most of the people coming forward for these deferred action clinics are Spanish-speaking or of Hispanic origin. These are people who have been in the United States for at least five years, and came here before they were

6 years old. We have had a lot of Spanish speakers to assist, and it turned out a number of people were Hispanic but spoke English very well. We are seeing in immigration court a juvenile docket that is 95 percent Hispanic children, mostly from Mexico, Central America and Latin America. HO: What are their reasons for coming forward now? Benson: A lot of kids want work authorization documents, so they can more easily enroll in college. We are fortunate in New York City that they can attend the City University of New York (CUNY) system even if they are undocumented. But this isn’t always the case. Alabama passed a statute this past year that said it your parents are undocumented the kids cannot register at school without the parents coming forward. It was a really chilling statute, and legislators who wrote it said their intention was to get people to move out of state. The federal court blocked this statute as unconstitutional. So if you are under college age, you have a right to go to school, but if you are college age, there is a mishmash of laws across the country about whether you can get access to enroll. HO: What is the main misperception that many people attending the seminars have? Benson: It’s dying down now, but for the first few months a lot of young people attending the deferred action clinics thought it might be the DREAM Act because for 10 years people have been mobilizing to get a bill passed in Congress. When President Obama made his announcement and the secretary of homeland security said this is a program of deferred action, nobody knew what that meant. Nobody knew whether they would be renewed after the first year if the president would not be re-elected. It was unclear whether a Mitt Romney administration would continue it. The biggest misconception is political, where people think the president did something illegal and that it went beyond the authority of the Department of Homeland Security. I believe the administration acted within the bounds of its authority, but there is a lot of confusion on both ends. Some think the DACA program offers bigger benefits that it does, and others think the program was unauthorized.

in immigration law on how they can be of service and assist people with those applications. Our first training seminar was with the Hispanic Minority Bar Association. I hope the videos inspire people to do more pro bono work, and more work with schools like New York Law School in trying to help underserved students. We also have videos about Special Immigrant Status on our website for the Safe Passage Project. HO: How crucial is pro bono work in this process? Benson: I always say to my students that they would be surprised that people think if you work in immigration law then you must be pro bono. I also think the middle class and working class need lawyers, too. They need affordable lawyers who can work efficiently and charge appropriately to the earning scale of those people. There is a huge need for access to free consultations and free legal services. People don’t always have reliable, trustworthy services where they can get free legal advice. You would not want to get all of your medical advice on the Internet, and the Internet alone cannot provide accurate legal advice. Everybody’s situation is so unique. I am trying to encourage a tradition and a culture where people will volunteer. The reason that it is so important is that children in particular do not have the right to free legal counsel in immigration court. There is a need, and it’s a shame. We are the wealthiest nation in the world. We are a country of law and order, and we have tremendous protections placed on people’s access to justice but not for children in immigration law. My efforts are to try to patch the hole that the law creates.

HO: What does the future hold? Benson: I plan to do more and more with my students and alumni in the hope of building more expertise in immigration law. There is a need for greater transparency and accurate information out there for lawyers and the public. Immigration law is a field that has grown tremendously in the last 20 years, but there are still so many people who do not get good information. I have been working with law students the last few years to create writing that is not so academic or of a special language that only lawyers can understand, but create more and more materials for lawyers who are not specialists. If you want to empower students to be educators and lawyers, then you have to help them understand the situations they are in, and partner with them to go forward and reach their own goals, or to work toward reform. You want them to be able to clearly explain what’s wrong with existing law and work on change. HO: You are also using videos? Benson: Yes, I’ve been working with New York State Secretary of State César Perales’ office to help develop educational materials about DACA. We have created a series of videos at New York Law School that can be used across the state. These are training lawyers who don’t have a background

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Student Organization at John Marshall Improves Latino Retention Rates INNOVATIONS/PROGRAMS/LAW SCHOOLS

by Ciara Shook

etention rates among minority law students historically have been lower than those of their peers. Since opening its doors in 1899, the John Marshall Law School in Chicago has had a reputation for welcoming students based on aptitude and a willingness to learn – not on income, race or class, yet students and faculty have noticed higher numbers of Latinos being dismissed from the law school than other ethnicities. During her first year in law school, Daissy Domínguez, now president of John Marshall’s Latino Law Students Association (LLSA), saw some of her classmates at John Marshall whom she describes as “smart, hardworking individuals” being dismissed from the law school. “I knew they were capable of doing well in law school, and they were studying every day but just needed more assistance,” Domínguez said. She decided she would be the catalyst for change, and she led the drive for an Academic Enhancement Program (AEP) at John Marshall. Members of the faculty and administration also recognized a need for this helping-hand program. “It is not unusual for minority and nontraditional students to have more challenges,” said Rory Smith, associate dean for outreach and planning. “Groups of students that have negative stereotypes are also challenged by what is known as a ‘stereotype threat,’ which manifests in test anxiety, discomfort in speaking up, diminished self-confidence and becoming withdrawn and disconnected. One of the intended outcomes of AEP is to break through these challenges.” Professor Rogelio A. Lasso, a faculty advisor, saw the negative stereotype occurring among John Marshall’s minority students and discussed with Smith the idea of an academic assistance program. Spurred by Domínguez, Lasso and Smith agreed AEP would be run with students providing rigorous academic support and mentorship, in a welcoming atmosphere. AEP also encourages students to be active in extracurricular activities. “AEP is intended to be a safe environment where students don’t face this stereotype threat,” Smith said. “Success of the student depends on how they develop analytical skills,” Lasso said, “but there is no reason why [dismissal from John Marshall] should happen.” Lasso believes analytical skills, critical to graduation rates and success on the bar exam, are skills learned and improved upon.

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The groundwork for AEP was Domínguez’s initial step: organize first-year study groups for finals among LLSA members. Her initiative caught Lasso’s attention. Together they set out designing and implementing the retention program that would benefit LLSA membership, bringing Smith into the discussion. Domínguez, under Lasso’s tutelage, came up with the winning formula for the Academic Enhancement Program. AEP works through study groups that are divided by how far along each student is in his or her studies. Each group is led by a second-year or third-year instructor who leads weekly lectures and assessment sessions. Toward the end of each semester, AEP holds additional workshops on exam-taking tips. Students also learn to develop study habits and concepts they will continue to use in their legal careers. “The students were very grateful for the support that was provided by their peers,” Domínguez said. And the program operates under a strict attendance policy. “We are not going to let you slack,” Lasso said. “We decided anyone who skipped would be out of the program.” The program’s success inspired LLSA to expand the program to members of John Marshall’s Black Law Students Association and Middle Eastern Law Students Association. All students enrolled in the program have seen improvements in their grades, “and a dramatic change in their self-confidence,” Lasso added. Student involvement in AEP encouraged more participation within the three student organizations and honors programs. A number of students have received scholarships and academic awards. “The program has not only encouraged academic excellence but has encouraged first-year students to give back to our organizations.” Many, she said, are “eager to run for executive board positions,” Domínguez said. Chris Cardona, one of the first-year students in AEP last year, remembers law school advisors stressing the importance of staying organized and studying outside of class, “but for me, who has never had that kind of discipline, saying and doing are very different things.” The AEP offered Cardona a forum where he could review material with a small group of classmates, in an organized and structured way. It also made Cardona and students like him comfortable asking for

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Daissy Domínguez, president, LLSA, John Marshall Law School

clarification on difficult topics. “The second-year and third-year students provided us with a better understanding of the topics we were learning in the classroom, but they also gave us insight into what we needed to know outside the classroom,” Cardona said. Through AEP, Cardona befriended a number of students in his section, and he increased his commitment to LLSA. By regularly attending LLSA meetings, he learned about various programs, including a judges luncheon and the end-of-the-year fiesta hosted by LLSA. Cardona stepped into a leadership position on LLSA’s executive board, and is serving as academic chair. In April 2012, LLSA received the 2012 Overall Outstanding Student Organization and Outstanding Minority Student Organization awards from the Student Bar Association, in part because of its success in establishing AEP. The awards were given at the law school’s annual spring party. Domínguez, now in her third and final year of law school, spent her 2012 summer expanding the Academic Enhancement Program. “The current structure has proven to be very effective, but there is always room for improvement!”

Interesting Reads

Modernizing Minds in El Salvador By Erik Ching In the 1960s and 1970s, El Salvador’s reigning military regime instituted an education initiative to modernize the country and undermine ideological radicalism. Its most controversial component was the use of televisions in classrooms. Launched in 1968 and lasting until the eve of civil war in the late 1970s, the reform resulted in students receiving instruction through programs broadcast from the capital city of San Salvador. The Salvadoran teachers’ union opposed the content and the method of the reform and launched two massive strikes. The military regime answered with repressive violence, which spawned brutal infighting throughout the country. 2012, 360 pgs. ISBN: 978-0826350817. $29.95 paper. University of New Mexico Press, (505) 277-2346. www.unmpress.com.

Race? Debunking a Scientific Myth By Ian Tattersall and Rob DeSalle In this book, physical anthropologist Ian Tattersall and geneticist Rob DeSalle, both senior scholars at the American Museum of Natural History, explain what human races actually are – and are not – and place them within the wider perspective of natural diversity. They explain that the isolation of local populations of the newly evolved human species during the last Ice Age, when Homo sapiens was spreading across the world from an African point of origin, has now begun to reverse itself, as different human populations come back into contact and interbreed. The message of Race? Debunking a Scientific Myth is that, scientifically speaking, there is nothing special about racial variation within the human species. 2011, 256 pgs. ISBN: 978-1603444255. $35.00, cloth. Texas A&M University Press, (979) 845-1436. www.tamu.edu/upress.

Tijuana Dreaming : Life and Art at the Global Border By Josh Kun (Editor), Fiamma Montezemolo (Editor) Tijuana Dreaming is an introduction to the arts, culture, politics, and economics of contemporary Tijuana, Mexico. With many pieces translated from Spanish for the first time, the anthology features contributions by scholars, journalists, bloggers, novelists, poets, curators and photographers from Tijuana and greater Mexico. They explore urban planning in light of Tijuana’s unique infrastructural, demographic, and environmental challenges as well as musical countercultures, architectural ruins, and cinema. Among the entries is one that examines fictional representations of Tijuana’s past as a Prohibition-era “city of sin” for U.S. pleasure seekers. Another reflects on the city’s recent struggles with kidnappings and drug violence. 2012, 424 pgs. ISBN: 978-0822352907. $26.95 paper. Duke University Press Books, (919) 688-5134. www.dukeupress.edu.

State Out of the Union: Arizona and the Final Showdown over the American Dream by Jeff Biggers ISBN: 9781568587028, $25.99, cloth. Nation Books, www.perseusbooksgroup.com

hose who are not students of the history of the Southwest probably view headlines from that region, particularly Arizona, as something new and unique when it comes to what some view as draconian immigration policy and Latino mobilization and pushback against these laws. But as award-winning journalist and historian Jeff Biggers recounts in his book State Out of the Union: Arizona and the Final Showdown over the American Dream, this is nothing new for a state long steeped in clashes of culture and economic groups. To explain why the state of Arizona has become the national bellwether in the conflict over immigration and state’s rights, Biggers contends that Arizona has a long history of labor and civil rights battles. He gives context and background to the state’s entry into the United States in 1912, with limited representation at its constitutional convention by Hispanics. President Taft signed the statehood bill for Arizona on Feb. 14 of that year. Notably, women gained the right to vote in Arizona that same year, eight years before the country as a whole. Biggers points out that Arizona has experienced cyclical upheavals over immigration rights over the years. It has led the way in promoting and legislating arguably “innovative” immigration regulation programs that have generated heated dialogue and rhetoric nationwide. He discusses President Eisenhower’s Operation Wetback, a dubiously named program instituted in California as well as Arizona in 1954, which allowed 1,075 Border Patrol agents, along with state and local police agencies, to go from house to house in Mexican-American neighborhoods and to conduct citizenship checks during standard traffic stops. Sound familiar? Operation Wetback resulted in more than 50,000 undocumented Mexicans being apprehended in the two states. An estimated 488,000 left voluntarily, for fear of being rounded up. It bears remembering that Arizona native son César Chávez drove home the message of farmworkers throughout the West and Southwest, and made it a national issue. Biggers also discusses state politicians like Sen. Barry Goldwater and Tea Party President Russell Pearce, and explains how Arizona has played a pivotal role in determining the nation’s conservative and liberal agendas. Today more than 25 state legislatures have introduced anti-immigration bills that are virtual copies of Arizona’s controversial SB 1070, which its deriders have called the “papers please” law. He concludes that the state is ground zero in the clash over a historic demographic shift taking place across the country with the rise of a newly empowered Latino electorate. But Arizona is not only home to some of the most proactive antiimmigration legislation in the country – it is also the birthplace of a new movement of young Latino activists and allies. State Out of the Union vividly unveils the showdown over the American Dream in Arizona – and its impact on the future of the nation. Reviewed by Mary Ann Cooper

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The Hispanic Outlook In Higher Education

www.hispanicoutlook.com

Lumina’s Latino Student Success Effort Aims to Impact America’s Economic Future INDIANAPOLIS, Ind.

Latinos are the fastest-growing student population in America. Recognizing this growth, Lumina Foundation’s Latino Student Success effort is focused on increasing Latinos’ educational attainment for the future of the nation. The foundation is working alongside Excelencia in Education to provide technical assistance and evaluation support to all grantees working to increase Latino student success. At the Celebración de Excelencia, in October,

New Data Show Bans on Affirmative Action Hinder University Recruitment Efforts & Harm Campus Racial Climate LOS ANGELES, Calif.

The Civil Rights Project recently published new data on the way in which California’s ban on affirmative action harms the University of California (UC) in comparison to the University of Texas, which still has affirmative action, in terms of both the climate on campus for non-White students and the lack of success in recruiting top-ranked applicants of color. The Salience of Racial Isolation: African-Americans’ and Latinos’ Perception of Climate and Enrollment Choices with and without Proposition 209, by William C. Kidder, has two parts. The first is based on 2008-11 data from a survey of 9,750 African-American and

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December 17, 2012

Lumina Foundation’s program officer, Tina Gridiron Smith, joined Sarita E. Brown and Deborah A. Santiago of Excelencia in recognizing the innovative projects of 13 communities in 11 states. Lumina had been providing technical assistance and support to 13 communities as they have refined and developed Latino student success projects. The cohort is now ready for implementation, and the projects proposed seek to increase the educational attainment for more than 200,000 students touched by this effort over the next four years. That investment in Latino student success is designed to strengthen local collaborative ventures that promise to improve the postsecondary attainment of Latino students.

Through the grant investment, Lumina is providing $11.5 million over a four-year period to 13 different partnerships. The partnerships will leverage community leaders across key policy, education, business and nonprofit sectors to build, implement and sustain college preparation, access and success strategies for Latino students. “Lumina’s Latino Student Success effort is grounded in two concepts: a commitment to Latino student success for reasons of equity, economic stability and national competitiveness, and the power of local partnerships as framed by the Collective Impact Model,” said Lumina Foundation President and CEO Jamie Merisotis. “This effort is an integral part of our commitment to Goal 2025.”

Latino undergraduates on UC and other campuses. A second part of the study focuses on the enrollment choices of freshmen admitted to the University of California. The study compares eight UC campuses, the University of Texas (UT)-Austin and two other leading universities. At institutions with an affirmative action ban, the report shows that fewer AfricanAmericans and Latinos feel that students of their race or ethnicity are respected on campus, particularly when compared to campuses with affirmative action. At the University of California, for instance, only 62 percent of AfricanAmericans feel that students of their race are respected on campus, a significantly lower figure than African-Americans at UT-Austin (72 percent) and at two other private peer universities (75 percent and 76 percent). Similarly, 77 percent of Latinos at UC feel that students of their ethnicity are respected on

campus, compared to Latinos at UT-Austin (90 percent) and Latinos at two other peer universities (80 percent and 90 percent). “The data call into question recent claims by economists who assert erroneously, and without the benefit of [comparative] data on selective private universities, that Prop 209 reduces stigma at UC,” said Kidder, a researcher and assistant vice chancellor at UC-Riverside. “On the contrary, underrepresented minority students actually feel less respected at the University of California than at peer research universities.” The second part of the study analyzes what students do when choosing between UC and competitor institutions. For AfricanAmericans admitted to UC, data show that after the affirmative action ban, the enrollment rate of students admitted to UC seriously declined for African-Americans and Latinos, particularly among the top-ranked admittees the university was eager to enroll.

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The Hispanic Outlook In Higher Education

Choice of College Major Can Mean Millions Over Career, Census Bureau Reports WASHINGTON, D.C.

The field of bachelor’s degree makes a considerable difference in a college graduate’s annual earnings, according to 2011 American Community Survey (ACS) data released by the U.S. Census Bureau. These differences add up over the span of one’s work life. For example, among people whose highest degree is a bachelor’s, engineering majors earn $1.6 million more than education majors. These findings come from two separate ACS reports. The first, Field of Degree and Earnings by Selected Employment Characteristics: 2011, provides information

ACE Launches Effort to Diversify Top Leadership in Higher Education in the U.S. WASHINGTON, D.C.

Recent American Council on Education (ACE) research shows that while 57 percent of those enrolled in higher education are women, women constitute only 26 percent of college presidents. And while members of racial and ethnic minority groups make up 30 percent of college classrooms, only 13 percent of presidencies are held by these individuals. Despite historical gains, progress has slowed over the past few years. ACE has announced the Spectrum Executive Leadership Program, a new effort to make higher education’s top leadership more representative of the people it serves.

www.hispanicoutlook.com

December 17, 2012

about the relationship between the field of bachelor’s degrees, median annual earnings and the likelihood of full-time employment. According to this report, people who majored in engineering had the highest earnings of any bachelor’s degree field, at $92,000 per year in 2011. At the other end of the continuum were fields such as visual and performing arts, communications, education and psychology, with median annual earnings of $55,000 or less. People who majored in a science and engineering field were more likely to be employed full time, year round. So too were those who majored in business, the most common field of study. Sixty-four percent of business majors were full-time, year-round workers. On the other hand, the same was true of less than half of those who majored in literature and languages or visual and

performing arts. The second report, Work-Life Earnings by Field of Degree and Occupation for People with a Bachelor’s Degree: 2011, explores the relationship between how far one goes in school and how much money one might make over the course of a 40-year career (from age 25 to 64). It goes into further detail for people whose highest degree is a bachelor’s by investigating how college major and occupation impact these work-life earnings. This is the first time the Census Bureau has ever analyzed work-life earnings by both field of degree and occupation. The brief shows that education pays off in a big way, with estimated work-life earnings ranging from $936,000 for those with less than a high school education to $4.2 million for people with professional degrees.

The Spectrum Executive Leadership Program is an eight-month series of intensive study and guidance for senior-level administrators who are seeking to become college presidents in the near future. The program is the latest representation of ACE’s continuing commitment to access, equity and diversity in higher education. It is designed for, but not exclusive to, women and members of underrepresented groups. “Higher education faces a unique period of transition as scores of presidents, including minorities and women, are retiring. This presents us with a special opportunity to further diversify the ranks of the presidency,” said Kim Bobby, director of ACE’s Inclusive Excellence Group. “This program is designed specifically to help members of these underrepresented groups examine and build upon their skills, share their experiences and understand the

nuances of the search process. We’re especially pleased that members of boards of trustees and search consultants, who serve such a vital role in this process, will work with participants to develop mutually beneficial strategies that address issues of diversity and inclusion in the presidency.” During the program, participants will assess their own strengths and weaknesses, work on professional development plans, develop search strategies, hone their leadership skills and prepare for the transition into a presidency. Planned sessions include: Answering the call to lead, Mock interviews and contract negotiation, Media relations and developing effective communications strategies, Managing the transition into a presidency, Assessing campus culture and implementing change, Advancement and fundraising, and Working effectively with boards.

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HI S PAN I C S O N T H E MO VE Miyares Appointed President of University of Maryland University College In October, Javier Miyares became president of University of Maryland University College (UMUC). Miyares, acting president since February and a member of the UMUC management team for more than 10 years, joined UMUC in 2001 as vice president for institutional effectiveness. Previously, he had served the University System of Maryland office as assistant vice chancellor for academic affairs. Miyares, born in Cuba, attended the University of Maryland-College Park, earning bachelor’s and master’s degrees and beginning work on his doctorate.

Dr. Anny Morrobel-Sosa, most recently dean of the College of Science at the University of Texas at El Paso, is the new provost and senior vice president for academic affairs at Lehman College of the City University of New York. Morrobel-Sosa has published more than 25 refereed papers and delivered more than 100 presentations here and abroad, continuing her research in physics, chemistry and biomaterials. In addition to her senior administrative position at Lehman, she will hold a full professorship in the college’s Chemistry Department. She has a B.Sc. in physics and chemistry from the University of Puerto Rico, M.Sc. in chemistry from the State University of New York-Stony Brook and a Ph.D. in chemistry from the University of Southern California.

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Rivera-Mills Studying Oregon Latinos

Documentary filmmaker Natalia Almada (pictured l.) and fiction writer Junot Díaz (r.)

Susana Rivera-Mills, professor of Spanish and diversity advancement at Oregon State University (OSU), recently gave a presentation on Latinos in Oregon at the Linguistic Association of the Southwest conference. Rivera-Mills, interim director of OSU’s Center for Latin@ Studies and Engagement, is an expert on the way that language is used and the effects of language use on society, particularly the Spanish language. Her initial research findings, part of a larger study she is conducting, show that children of Latino immigrants are either retaining the Spanish language or going back to reacquire it much more so than 15 years ago.

are among 23 new MacArthur Fellows for 2012, the MacArthur Foundation announced in October. MacArthur Fellowships come without stipulations or reporting requirements and offer fellows unprecedented freedom and opportunity to reflect, create and explore. Each recipient receives $500,000 in no-strings-attached support over the next five years. Almada is founder of Altamura Films, Mexico City, Mexico. Her films include All Water Has a Perfect Memory (2001), Al Otro Lado (2005), El General (2009) and El Velador (2011). She has a BFA from the College of Santa Fe and an MFA from the Rhode Island School of Design. Díaz is Rudge and Nancy Allen Professor of Writing, Program in Writing and Humanistic Studies, Massachusetts Institute of Technology. His works include Drown (1996), The Brief Wondrous Life of Oscar Wao (2007) and This Is How You Lose Her (2012). He has a BA (1992) from Rutgers University and MFA (1995) from Cornell University.

Morrobel-Sosa Becomes New Provost at Lehman

Almada and Díaz Named MacArthur Fellows

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Sánchez Receives Honorary Doctorate from Walden Walden University (Minn.) honored Dr. Oscar Arias Sánchez, former president of Costa Rica and 1987 Nobel Peace Prize Laureate, with a Doctor of Humane Letters, honoris causa for his exemplary leadership, tireless pursuit of global peace and unwavering support as a social change advocate, this past summer. Arias, a speaker at Walden University’s commencement ceremonies, has received numerous accolades and is active in several international organizations, including the International Centre for Human Rights and Democratic Development, Economists Allied for Arms Reduction, the Commission on Global Governance, and the Stockholm International Peace Research Institute.

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Imagine... Imagine studying law at the most diverse law school in the U .S., with students and faculty who are committed to bringing legal services to those who have not been able to obtain them.

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www.law.udc.edu

Assistant Professor in Plant Sciences Plant Microbiologist in Food Safety Department of Plant Sciences RESPONSIBILITIES: The successful candidate’s research will focus on plant-environmental-microbial interactions of crops and produce, with emphasis on microbial community processes in relation to plant and/or human pathogens. This position provides the opportunity to investigate fundamental principles that determine how plants and their environment affect the microbial communities upon the plant surface. An intended outcome of these discoveries will be identification of key ecological and/or molecular traits that can in turn improve handling strategies and food safety by modulating the presence, persistence, or activities of beneficial and deleterious microorganisms. A successful researcher in this field would likely utilize key tools and research approaches including metagenomics, transcriptomics, metabolomics, molecular analysis of plant-microbe interactions, and/or eco-physiological processes; or any related combined approaches to analyze microbial communities in the phyllosphere, rhizosophere and other plant niches. These studies may occur in a range of successive contexts, from field systems through the multiple human environments involved in post-harvest processes (handling, packaging, storage and preservation, transportation, etc.) to the transmission of human pathogens in the food chain. The incumbent will be expected to develop an internationallyrecognized research program and professional profile. Ability to operate comfortably in multi-disciplinary teams will enhance the development of practical solutions to critical issues related to food safety and postharvest handling of specialty crops grown in California and across the world. The faculty of the Department of Plant Sciences has expertise in a broad range of genomics, plant/microbe and field studies, providing many opportunities for collaboration on topics of interest to the candidate. In addition, ability to work with academic and industrial contacts is desired, to help apply knowledge of plant-microbial interactions to optimize postharvest management strategies. The candidate will establish a vigorous, dynamic and innovative teaching program at both the undergraduate and graduate levels. The successful candidate will be expected to contribute to teaching of core courses in the Plant Sciences curriculum and development of new courses in their area of expertise. A specific course in which this individual will teach is PLS174: Microbiology and Safety of Fresh Fruits and Vegetables. They will additionally be able to develop new general education courses within a similar area of expertise. The candidate will also teach at the graduate level within her/his area of research expertise in the Horticulture and Agronomy, Ecology, Evolution, Plant Biology, Microbiology, Genetics, International Agricultural Development and/or Food Science Graduate Groups. Enthusiastic and effective advising and mentoring of undergraduate and graduate students and postdoctoral fellows is expected. QUALIFICATIONS: Ph.D. or equivalent level of experience in plant biology, postharvest biology, or microbiology with experience in plant microbial interactions or related fields. SALARY: Commensurate with qualifications and experience. TO APPLY: Candidates should begin the application process by registering online at http://recruitments.plantsciences .ucdavis.edu.Please include statements of research goals for this position and teaching philosophy, curriculum vitae, publication list, copies of 3 of your most important research publications, copies of undergraduate and graduate transcripts (if within 5 years of either degree), and the names, e-mail addresses, and telephone numbers of at least five professional references. For technical or administrative questions regarding the application process please email plantsciences@ucdavis.edu. Review of the applications will begin January 1st, 2013. The position will remain open until filled. Dr. Daniel J Kliebenstein, Chair, Search Committee Department of Plant Sciences University of California One Shields Avenue Davis, CA 95616-8515 Telephone: (530) 754-7775 / FAX: (530) 752-4361 E-mail: kliebenstein@ucdavis.edu “UC Davis is an affirmative action/equal employment opportunity employer and is dedicated to recruiting a diverse faculty community. We welcome all qualified applicants to apply, including women, minorities, veterans, and individuals with disabilities.

Assistant Professor - Social Studies Education Isabelle Farrington College of Education Sacred Heart University

We are seeking a successful educator to work within a rapidly expanding College to teach undergraduate and graduate courses in social studies education and foundations of education, pursue scholarly research, and fulfill professional and university responsibilities. The successful candidate will value the University’s Catholic identity, tradition and spirit, and support its commitment to the intellectual and ethical development of our students. Review of applications begins February 4, 2013.

Sacred Heart University is an EOE/AA employer.

Please visit the university website for more information at: www.sacredheart.edu/jobs

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12/17/2012

inspire | law

boston college law “A commitment to diversity is more than an institutional mandate: it is a cherished part of our Jesuit heritage. A truly just community recognizes the value that comes from listening to every voice.” –vincent d. rougeau, dean

22% students of color workshops & programs to help students transition to law school & the legal profession broad academic & clinical curriculum mock trial, negotiation, client counseling & moot court competitions associate dean for diversity and inclusion initiatives orientation, mentoring & social opportunities

www.bc.edu/inspirelaw • bclawadm@bc.edu • (617) 552-4351 12/17/2012

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Committed to diversity. Committed to success.

The

University of South Florida System is a high-impact, global research system dedicated to student success. The USF System includes three institutions: USF Tampa; USF St. Petersburg; and USF Sarasota-Manatee. The institutions are separately accredited by the Commission on Colleges of the Southern Association of Colleges and Schools. All institutions have distinct missions and strategic plans. Serving more than 47,000 students, the USF System has an annual budget of $1.5 billion and an annual economic impact of $3.7 billion. USF is a member of the Big East Athletic Conference. Administrative and Executive Positions: Director of Housing Facilities (Student Affairs) Director of Marketing-New Media (Athletics) Sr. Director of Development-COB (Foundation) Director of Development (Morsani Center) Director of Quality Enhancement-Academic Success (St. Petersburg Campus) Director of Counseling Center (Student Affairs) Assistant Vice President-Dean (Student Affairs) Director of the Center for Student Involvement (Student Affairs) Regional Chancellor (St. Petersburg Campus) Faculty Positions: College of Arts and Sciences College of Education Assistant Professor (22) Assistant/Associate Professor (1) Assistant/Associate Professor (2) Assistant Professor (3) Associate/Full Professor (3) Dean (1) Assistant/Associate/Full Professor (1) Director and Professor (1) Associate/Full (1) College of Business Assistant Professor (3) Associate/Full Professor (2) Assistant/Associate Professor (1)

DePaul University, located in the heart of Chicago, is consistently ranked as having one of the most diverse student bodies in the nation. At DePaul, our curriculum emphasizes diversity, human dignity and service to others. Our law students join a dynamic array of student organizations ranging from specialty interest groups to mentoring organizations. At DePaul, diverse isn’t just what we are. It’s what we embrace. DePaul College of Law is proud to be ranked one of the top 25 law schools for Hispanics by Hispanic Outlook Magazine.

law.depaul.edu

College of Engineering Open Rank (Full Professor) (1) Assistant Professor (3)

College of Arts Assistant/Associate Professor (4)

St. Petersburg Campus Assistant Professor (3)

College of Public Health Assistant Professor (1) Assistant/Associate Professor (1)

Sarasota Campus Assistant Professor (1)

College of Medicine Assistant/Associate Professor (3) Assistant Professor (9) Assistant/Associate/Full (1)

College of Nursing Nursing Faculty (2)

For a job description on the above listed positions including department, disciple and deadline dates: (1) visit our Careers@USF Web site at https://employment.usf.edu/applicants/ jsp/shared/Welcome_css.jsp; or (2) contact The Office of Diversity and Equal Opportunity, (813) 974-4373; or (3) call USF job line at 813.974.2879. USF is an equal opportunity/equal access/affirmative action institution, committed to excellence through diversity in education and employment. www.usf.edu • 4202 E. Fowler Ave,Tampa, FL 33620

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12/17/2012

New Y York ork Law w School Diversity ity in Action

Founded in 1891, New YYork ork Law aw School is one of the oldest independent pendent law schools in the United States. Located near the centers ters of law law,, government, finance, and a thriving cultural and artistic community in Manhattan’ Manhattan’ss TTriBeCa riBeCa district, New YYork ork Law School hool enrolls 1,750 students in its day and evening divisions—35 35 percent of whom identify as students udents of color color.. “Learn law law.. TTake ake action” describes our approach ach to legal education: a scholarlyy yet activist faculty faculty,, and the Law School’ mitment to the belief that law can bee used to change the world. School’ss demonstrated commitment

www .nyls.edu s.edu www.nyls.edu

185 W est Broadway orrk, NY 10013-2921 | T 212.431.2888 888 | E admissions@nyls.edu West Broadway,, New YYork,

SIMMONS BOSTON • MASSACHUSETTS

Graduate School of Library and Information Sciences – Dean Simmons College seeks a dynamic, innovative, and visionary leader to serve as Dean of the Graduate School of Library and Information Science (GSLIS). The successful candidate will maintain and advance the School’s strong national stature, top ten ranking, and impact. The GSLIS Dean provides leadership and resources towards fulfillment of the School’s mission, goals, and objectives and serves to enhance the mission of the College. As academic head, the Dean leads the faculty, including the recruitment and retention of its members, the support and encouragement of scholarship, and the design and implementation of the curriculum. Reporting to the Provost, the Dean oversees all matters related to GSLIS academic life, admissions, and student services, as well as alumnae/i relations, fund raising, and communications. The Dean and faculty are jointly responsible for establishing, implementing, maintaining, and evaluating academic programs. The successful candidate will be a well established and highly regarded scholar qualified for the rank of full professor with tenure. She or he will have a national/international reputation in Library and Information Science, be active in applicable professional associations, understand trends and advances in the field, and have a holistic and sophisticated understanding of LIS, archives, cultural heritage, and technology. Significant administrative experience is desirable as is proven success at initiating vibrant and effective programs. An earned doctorate in Library and Information Science or related field is required.

Founded in 1899 and located in Boston’s historic Fenway area, Simmons is a private, non-sectarian college consisting of a four-year, undergraduate women’s college and five coeducational graduate schools in health sciences, liberal arts, social work, library and information science, and management. We provide a comprehensive liberal arts education for undergraduate women that is integrated with professional programs and work experience, interdisciplinary study, and a global perspective. Enrolling 2,000 undergraduate women and over 3,000 graduate women and men, Simmons is committed to providing high quality, personalized educational opportunities for all students. Simmons has been recognized as a “Best College” by US News & World Report in its 2013 edition of “American’s Best Colleges”, by The Princeton Review in its 2013 “Best 377 College” guidebook, and by Forbes.com as one of “America’s Best Colleges” in 2012. Salary is commensurate with qualifications and experience. For more information, see http://www.simmons.edu/GSLISdean. Please forward a letter of application and curriculum vitae in confidence electronically to David Mead-Fox at David.Mead-Fox@kornferry.com. Review of applications will begin immediately and continue until the position is filled. Simmons is an equal opportunity employer and is committed to continuing to develop a more diverse faculty, staff, student body and curriculum.

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ACADEMIC POSITIONS OPEN Indiana University Northwest, one of eight campuses of Indiana University, is located in metropolitan Northwest Indiana, approximately 30 miles southeast of Chicago and 10 miles from the Indiana Dunes National Lakeshore. The campus, with a diverse student population of over 6,000 students, offers primarily Baccalaureate and Master’s degrees in a variety of programs in arts and sciences, business and economics, education, nursing and health professions, public and environmental affairs, and social work. The comprehensive university campus is also home to the Indiana University School of Medicine Northwest. IU Northwest emphasizes quality teaching, research and service. As a student-centered campus, IU Northwest is committed to academic excellence characterized by a love of ideas, scholarship, and achievement in learning, discovery, creativity and engagement. Several tenure track positions are available in various schools and colleges starting in the Fall semester, 2013. You should contact the individual below or visit the campus website.

Department Chair: Full or Associate Professor • Communications. Area open. Contact Professor Dorothy Ige, dige@iun.edu Associate or Assistant Professors • Education. Educational Leadership. Contact Professor Dana Dodson, dhdodson@iun.edu • Nursing. Adult health or psychiatric-mental health is highly desirable. Other ranks may be available. Contact Professor and Director Linda Delunas, ldelunas@iun.edu Assistant Professors • Chemistry with preference in area of Organic/Biochemistry. Contact Professor Nelson DeLeon, ndeleon@iun.edu • Psychology with teaching in Addictions Counseling, but research area is open. Contact Professor Mary Ann Fischer, mfischer@iun.edu • Social Work. Two positions in Social Work. Contact Professor and Director Darlene Lynch, darlynch@iun.edu • Public and Environmental Affairs. Two positions: environmental policy and criminal justice. Contact for the Environmental Policy: Ellen Szarleta, eszarlet@iun.edu, and Criminal Justice: Susan Zinner, szinner@iun.edu Lecturer • Biology. Primary teaching responsibilities in Anatomy and Physiology. Contact Professor Spencer Cortwright, scortwr@iun.edu Assistant Librarian • Library. Specialization in information technology, especially in geographic and/or adaptive technologies. Candidate will also have instructional responsibilities in informational literacy. Contact Director Tim Sutherland, sutherla@iun.edu

In most cases, applications require a cover letter of intent, the names and contact information for several references, curriculum vitae, and descriptions of teaching and research interests. Professorial positions require a PhD; Lecturer requires an MS; Librarian an MLS. Contact the appropriate individual above for any additional requirements, information and dates for full consideration as they do vary.

In most cases, electronic applications are encouraged via pdf files. For general information about the campus, please visit our website at http://www.iun.edu. For additional general information, please contact the Office of Academic Affairs, 3400 Broadway, Gary, IN 46408. Indiana University Northwest is an equal opportunity/affirmative action employer committed to achieving excellence through diversity. The University actively encourages applications from women, minorities, persons with disabilities and members of other underrepresented groups.

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12/17/2012

Vibrant well-established and growing Department of Art seeks tenure track faculty in Art/Sculpture. The University of North Carolina Asheville Department of Art seeks applicants for an Assistant Professor tenure track position in the 3-D area, which consists of concentrations in Sculpture, Ceramics and potentially a combined Materials/Craft Studies concentration. Responsibilities: Teaching includes Sculpture, Ceramics, Senior Capstone, 3-D Foundations, and Foundation Drawing. Additionally, applicants should have experience in or willingness to teach across the University’s Integrative Liberal Studies program, our interdisciplinary liberal arts curriculum required of all undergraduates, including introductory (freshman) colloquia, courses in Arts and Ideas and the Humanities Program, and other areas of the interdisciplinary liberal arts curriculum. The successful applicant will work with the other 3-D art faculty to develop curriculum, manage the facilities and take part in department and university service. As UNC Asheville is committed to promotion of diversity, the candidate should facilitate a work environment that encourages knowledge of, respect for, and ability to engage with those of other cultures or backgrounds. Consideration will also be given to candidates with demonstrated experience or potential for leadership in serving our institution’s efforts in promoting diversity and inclusion, in the areas of pedagogy, programming, and service activity. Qualifications: MFA with concentration in Sculpture. The department seeks an artist/educator with experience in a variety of materials including metals, clay, steel, etc. Applicants should have teaching experience beyond graduate school and show evidence of a strong exhibition record, successful program development and student mentoring. In concert with other 3-D faculty, the candidate must also be willing and qualified to oversee a facility that includes a woodshop, ceramics studio, metal shop, foundry, outdoor sculpture yard, digital-lab and studio spaces in the 3-D area. Interested applicants should submit: Letter of interest in teaching at UNC Asheville that explains a vision for excellence in Sculpture/Ceramics/ Materials Based curricula; a CV; a statement of teaching philosophy; an artist statement; a Mac compatible PowerPoint (limited to 20 slides of personal work and 20 slides of student work); list of courses taught; examples of syllabi; unofficial graduate transcripts, and three current letters of reference. Screening for the position will begin on January 11, 2013 (in time to set up interviews for the College Art Association Conference in February) and will continue until the position is filled. UNC Asheville, located in the Blue Ridge Mountains in Western North Carolina, is the designated public liberal arts institution of the University of North Carolina system and is distinctive in its commitment to Humanities, the Arts, and Undergraduate Research. The University is committed to student-centered teaching and to being an inclusive campus community. We encourage applications from women and traditionally underrepresented minorities. UNC Asheville is committed to increasing and sustaining the diversity of its faculty, staff, and student body as part of its liberal arts mission. As an Equal Opportunity Employer, UNC Asheville does not discriminate in its hiring or employment practices on the basis of race and ethnicity, age, religion, disability, socio-economic status, gender expression, gender and sexual identity, national origin, culture and ideological beliefs. Send materials to: Sculpture Search Committee, Department of Art, CPO 1840, One University Heights, UNC Asheville, Asheville, NC, 28804. All candidates will be notified upon receipt of complete applications. Candidates selected for interviews will be contacted directly.

Course Director Biology Investigative Lab Cornell is a community of scholars, known for intellectual rigor and engaged in deep and broad research, teaching tomorrow’s thought leaders to think otherwise, care for others, and create and disseminate knowledge with a public purpose. Cornell University seeks applicants for the position of Course Director of the Biology Investigative Lab for science majors, Biological Sciences 1500. This course has an enrollment of 350 students per semester, is aimed at freshman, and utilizes active and group learning strategies to teach freshman science majors the scientific method and experimental skills. The Director will assume, in collaboration with the course faculty advisor, academic responsibility for the course. The Director will also supervise the course staff, including teaching assistants, lab preparation staff, and administrative assistant; manage day-to-day operation of the course; and develop new laboratory exercises. This is a full-time position in the College of Agriculture and Life Sciences, non-tenure track, initially for a period of three years. It is renewable at three-year intervals. Qualifications: PhD in the Biological Sciences and experience teaching at the introductory level. Experience with laboratory courses and a working knowledge of active learning-based teaching techniques desirable. Applications should be submitted at https://academicjobsonline.org/ajo/jobs/2319 and should include a curriculum vitae, a list of publications, a statement of teaching philosophy, and three letters of recommendation. Review of complete applications will begin January 15, 2013 and continue until a suitable applicant is identified. Female and minority candidates are strongly encouraged to apply. Cornell University is an innovative Ivy League university and a great place to work. Our inclusive community of scholars, students and staff impart an uncommon sense of larger purpose and contribute creative ideas to further the university's mission of teaching, discovery and engagement. Located in Ithaca, NY, Cornell's far-flung global presence includes the medical college's campuses on the Upper East Side of Manhattan and in Doha, Qatar, as well as the new Cornell/NYC Tech campus to be built on Roosevelt Island in the heart of New York City. Find us online at http://hr.cornell.edu/jobs or Facebook.com/CornellCareers

Diversity and inclusion have been and continue to be a part of our heritage. Cornell University is a recognized EEO/AA employer and educator.

SYRACUSE UNIVERSITY Maxwell School of Citizenship and Public Affairs The Jay and Debe Moskowitz Endowed Chair The Maxwell School of Citizenship and Public Affairs of Syracuse University invites nominations and applications for the newly established Jay and Debe Moskowitz Professorship, made possible by a generous endowment provided by the named couple. It is intended for a distinguished senior scholar with demonstrated expertise related to some aspect of contemporary Mexican and/or U.S.-Mexican affairs, such as (but not limited to) trade issues, immigration policy, economic development and political economy, and social outcomes for Mexican immigrants to the U.S. Candidates may hold any advanced degree, but must qualify for an appointment with tenure in one (or more) of the School’s departments. The Maxwell School is home to renowned professional programs in public and international affairs and the social science disciplinary departments of Syracuse University. Its 150 faculty teach more than 800 Master’s and Ph.D. students who matriculate in the School and a larger number of undergraduate social science majors through the University’s College of Arts and Sciences. The School also houses 10 interdisciplinary research institutes, centers and programs, in which a majority of its faculty participate. For more information, please see our web site at: http://www.maxwell.syr.edu/. Our goal is to complete the hiring process for academic year 2013-14, or as soon thereafter as feasible. Nominations and applications are welcome anytime. Review of the latter will commence December, 2012 and continue until the Chair is filled. Applicants should apply directly to the Syracuse University Job Opportunities web site at https://www.sujobopps.com (job#070097) and provide a cover letter, curriculum vita, and the names and email addresses of three references. Questions regarding academic qualifications and/or nature of the position may be directed to: John L. Palmer, University Professor and Chair of the Moskowitz Search Committee at jlpalmer@maxwell.syr.edu or 315.443.9439. Questions regarding the logistics of applying or related issues may be directed to Ann Wicks at agwicks@syr.edu or 315.443.5881. Syracuse University is an Affirmative Action/Equal Opportunity Employer.

12/17/2012

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School of Information Sciences The School of Information Sciences (http://www.ischool.pitt.edu) at the University of Pittsburgh is seeking to fill a faculty position in Archives and Information Science (AIS) at an Assistant/Associate Professor level - Position #27041 (Non-tenure stream) for Fall 2013. We are looking for an experienced practitioner and scholar in archival theory and practice with regards to both digital and analog formats. Our School has supported one of the leading archive education and research programs in the United States for many years. This top-ranked information school (iSchool) offers degree programs in Information Science & Technology, Library & Information Science, and Telecommunications & Networking. Candidates are sought who have research and teaching interests in alignment with the School’s signature strengths. For a complete description, please visit http://www.ischool.pitt.edu/news/facultyopenings.php.

Vice President for Student Affairs

vergreen has achieved national distinction for cutting-edge pedagogy, commitment to sustainability, service to underrepresented populations and emphasis on public service, diversity and equity. The college’s institutional structures support a uniquely interdisciplinary, team-taught and student-centered education. In the search for the college’s next Vice President for Student Affairs, we seek a dynamic and gifted leader who will build on Evergreen’s strengths and advance its mission with fresh vision and energy. Evergreen is a public liberal arts and sciences college with 4300 students. It is located on Puget Sound with easy access to Seattle, Portland, the ocean and the mountains.

Earned doctorate or equivalent and senior student affairs leadership experience required. To learn more, apply or nominate a candidate, visit: www.evergreen.edu/studentaffairsvpsearch/

The University of Pittsburgh is an Equal Opportunity, Affirmative Action employer and strongly encourages women and candidates from under-represented minorities to apply.

Application review begins January 2, 2013.

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12/17/2012

TENURE-TRACK ASSISTANT PROFESSOR DEPARTMENT OF PHYSICS EXPERIMENTAL CONDENSED MATTER PHYSICS The University of North Carolina Asheville Department of Physics invites applications for a tenure-track Assistant Professor position in experimental condensed matter physics. A Ph.D. in Physics is required for this position, scheduled to begin in Fall 2013. The successful candidate will be expected to teach at all levels of the undergraduate physics program incorporating research based instructional methods. Additionally, applicants should have experience in or willingness to teach across the University’s Integrative Liberal Studies program, our interdisciplinary liberal arts curriculum required of all undergraduates, including introductory (freshman) colloquia, writing and quantitative intensives, and other interdisciplinary courses. We seek an individual who will establish a research program that involves undergraduate researchers and enhances or extends experimental opportunities that include surface enhanced Raman spectroscopy, electron microscopy, and nanofabrication. As UNC Asheville is committed to promotion of diversity, the candidate should facilitate a work environment that encourages knowledge of, respect for, and ability to engage with those of other cultures or backgrounds. Consideration will also be given to candidates with demonstrated experience or potential for leadership in serving our institution’s efforts in promoting diversity and inclusion, in the areas of pedagogy, programming, and service activity. Application materials should be sent to Chair, Dept. of Physics, One University Heights, CPO 2430, UNC Asheville, Asheville, NC 28804 or via email to lwalters@unca.edu. Complete applications should include a cover letter, curriculum vitae, three letters of reference and a brief (no more than 3 pages in total) statement of research and teaching interests. Review of applications will begin 15 December 2012 and will continue until the position is filled. Inquires may be directed to Charles A. Bennett (bennett@unca.edu), Department of Physics. UNC Asheville, located in the Blue Ridge Mountains in Western North Carolina, is the designated public liberal arts institution of the University of North Carolina system, committed to student-centered teaching and to being an inclusive campus community. We encourage applications from women and traditionally underrepresented minorities. UNC Asheville is committed to increasing and sustaining the diversity of its faculty, staff, and student body as part of its liberal arts mission. As an Equal Opportunity Employer, UNC Asheville does not discriminate in its hiring or employment practices on the basis of race and ethnicity, age, religion, disability, socio-economic status, gender expression, gender and sexual identity, national origin, culture and ideological beliefs.

Kutztown University of Pennsylvania enrolls approximately 10,000 students in graduate and undergraduate programs. The University is located in the borough of Kutztown in a charming rural setting, and is within 20 minutes driving time of the diverse metropolitan areas Allentown/Bethlehem and Reading, and within 60 minutes of the Philadelphia metropolitan area. The University is very interested in hiring employees who have had extensive experience with diverse populations. The University invites applications for the following tenure track positions beginning Fall 2013: The College of Business: Logistics/Supply Chain The College of Education: Special Education The College of Liberal Arts & Sciences: Applied Mathematics or Statistics Geography Inorganic Chemistry Mathematics Molecular Genetics Social Work The College of Visual & Performing Arts: Public Relations Relational Communication

For a complete listing of all vacancies, requirements, and how to apply, please visit our website at www.kutztown.edu/employment/faculty.shtml. Kutztown University of Pennsylvania is an Affirmative Action/Equal Opportunity employer and actively solicits applications from women, veterans, and minority candidates. Kutztown University of Pennsylvania is a member of the State System of Higher Education. All applicants for employment are subject to a criminal background check.

TEMPLE UNIVERSITY

Vice President, Strategic Marketing and Communications Temple University seeks a highly skilled professional for the position of Vice President, Strategic Marketing and Communications.

A comprehensive public urban research university located in Philadelphia, Temple is among the largest universities in the U.S. and one of the nation’s leading centers of professional education. With nearly 40,000 students, the university has experienced student enrollment growth of 31 percent over the last decade. Temple University has nine campus locations and offers more than 330 academic programs to its students.

Dr. Neil D. Theobald was recently named the 10th President of Temple University, and this critical role will report directly to him and serve as a member of his Cabinet. The Vice President for Strategic Marketing and Communications will be responsible for setting the overall strategic and creative direction of the university’s branding, marketing, and communications efforts. Consistent with the university’s mission and strategic priorities, the Vice President will initiate, develop and maintain strategies that enhance the university’s competitiveness by strengthening its brand, reputation, and visibility while overseeing the development of marketing and communications campaigns that advance the university’s goals and objectives. The Vice President for Strategic Marketing and Communications will directly supervise a staff of more than 30 individuals across a range of units. Specific areas of responsibility include Temple’s brand and marketing strategy, integrated strategic communications, marketing research, public and media relations, crisis communications preparedness and response, publications, and internal communications. The Vice President should be prepared to act as the university’s spokesperson. A qualified candidate should have ten or more years of directly related and progressively responsible marketing and communications leadership experience in higher education. An equivalent combination of education and experience may be considered. A bachelor’s degree is required, and a master’s degree is preferred.

Initial screening of applicants will begin immediately and continue until the position is filled. Temple University will be assisted by Ellen Brown Landers, Nat Sutton and Tracie Smith of Heidrick & Struggles, Inc. Nominations and applications should be directed to: Heidrick & Struggles, Inc. 303 Peachtree Street, NE Suite 4300 Atlanta, GA 30308 Email: templevicepresident@heidrick.com Temple University is an affirmative action/equal opportunity employer dedicated to excellence through diversity.

12/17/2012

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Assistant Professor of Communication and Technology (Tenure-Track) Academic year appointment - beginning August 2013 Department of Communication - Cornell University College of Agriculture and Life Science – Ithaca, NY Cornell is a community of scholars, known for intellectual rigor and engaged in deep and broad research, teaching tomorrow’s thought leaders to think otherwise, care for others, and create and disseminate knowledge with a public purpose. The Department of Communication at Cornell University is a national leader in the study of communication as a social science. Our faculty and students are dedicated to understanding the role and enhancing the effectiveness of communication processes, systems and infrastructure in society. We explore communication in its many forms and contexts as a fundamentally social phenomenon. Our faculty members are recognized for developing and applying novel theoretical perspectives to the most pressing social and policy issues of the day. The department ranked among the top ten in the nation in a recent poll by the National Research Council. This ranking reflects the productivity and quality of the faculty and the diversity and success of our students. The Department of Communication seeks a colleague to conduct research and to teach in one or more of the following areas: 1) Social Media, 2) Human-Computer Interaction, 3) IT in Organizations, 4) Social Psychology of Communication Technology, and 5) Digital Media. We welcome scholars who study communication technology, especially as it relates to the dynamics of individuals, groups, organizations, communities, and society. The position involves 50% research and 50% teaching responsibilities; publishing peer-reviewed articles in relevant fields is expected. Communication faculty teach two or three undergraduate and/or graduate courses per academic year, and advise students in the Department's B.S. and Ph.D. programs. Qualifications: The successful candidate will have a Ph.D. in Communication or a closely related field and have (or show promise of developing) a national and international reputation doing theory-based empirical research that will contribute to one or more of the Department’s core strengths in communication and technology; science, health, risk, and environmental communication; media effects; and technology and society. The successful candidate must be able to develop a research program connected to college and university priorities in applied social science, life science, sustainability, and information science, and should be capable of attracting external research funding. Salary: Cornell offers a highly competitive salary and benefits package. Support for start-up research costs will be available. Women and minorities are especially encouraged to apply. Application: Submit letter of application addressing position qualifications and goals, vita, official academic transcripts, research article(s), and names and contact information of three references, and have each reference submit a letter of recommendation. All materials, including letters of recommendation, should be submitted electronically to https://academicjobsonline.org/ajo/jobs/2358. For additional information, email Dr. Susan Fussell sfussell@cornell.edu, or telephone 607.255.1581. For more information about the Department of Communication, please visit our website: http://www.comm.cornell.edu/. Closing date: Review of applications will begin immediately and continue until a suitable applicant is identified. Cornell University is an innovative Ivy League university and a great place to work. Our inclusive community of scholars, students and staff impart an uncommon sense of larger purpose and contribute creative ideas to further the university's mission of teaching, discovery and engagement. Located in Ithaca, NY, Cornell's far-flung global presence includes the medical college's campuses on the Upper East Side of Manhattan and in Doha, Qatar, as well as the new Cornell/NYC Tech campus to be built on Roosevelt Island in the heart of New York City. The College of Agriculture and Life Sciences is developing leaders, improving lives, and shaping the future. Find us online at http://hr.cornell.edu/jobs or Facebook.com/CornellCareers

Diversity and inclusion have been and continue to be a part of our heritage. Cornell University is a recognized EEO/AA employer and educator.

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12/17/2012

DEAN OF THE COLLEGE OF ENGINEERING AND MATHEMATICAL SCIENCES The University of Vermont (UVM), one of the oldest universities in America, seeks an accomplished, inspiring, and collaborative leader to serve as Dean of the College of Engineering and Mathematical Sciences (CEMS). This is an exceptional opportunity for an experienced academic leader to advance a critical academic unit within one of the nation’s premier small public research universities. Established in 1791 as the fifth college in New England, UVM draws students from Vermont, across the country, and around the world, attracted by the richness of its academic offerings, the expertise and accessibility of its faculty, and the exceptional beauty of its campus. The only comprehensive university in the state and a land grant institution, UVM combines faculty-student relationships most commonly found in a liberal arts college with the scholarship and resources of a major research institution. UVM enrolls some 13,500 students, including 10,500 undergraduates and almost 1,500 graduate students, and is home to seven undergraduate schools and colleges, an honors college, graduate college, medical school, and a division of continuing education. With more than 80 percent of headcount enrollment at the undergraduate level, UVM is one of about 70 institutions in the U.S., out of over 4,300, that combine a “high research” profile with a “high undergraduate” enrollment mix. The University has attracted a distinguished faculty, and steadily built its research enterprise, growing sponsored research to some $130 million in 2012. The UVM campus spans Burlington’s highest ridgeline overlooking Lake Champlain, between the Adirondack and the Green Mountains, and is surrounded by the small, historical city of Burlington, perennially voted one of America's best places to live. In July 2012, UVM welcomed its 26th President, E. Thomas Sullivan, who was previously the Senior Vice President of Academic Affairs and Provost at the University of Minnesota. President Sullivan is actively pursuing a strategic agenda to put UVM on a pathway to increased success. In his first few months at UVM, he has connected personally with a range of key constituencies across the state, identified broad themes of focus for the future of the University, and commissioned a President’s Advisory Council to offer substantive advice and counsel on institutional strategies. This is an exciting time of renewal and reinvention at UVM. In addition, the State of Vermont has expressed strong interest in promoting STEM initiatives in partnership with the University. The College of Engineering and Mathematical Sciences comprises the School of Engineering along with the Department of Mathematics and Statistics and the Department of Computer Science. Within the School of Engineering, ABET-accredited programs exist in Civil Engineering, Electrical Engineering, Environmental Engineering, and Mechanical Engineering; an undergraduate program in Engineering Management also exists in partnership with the School of Business Administration. CEMS also actively participates in the interdisciplinary doctoral programs in Bioengineering and Materials Science. Key affiliates include the Vermont Complex Systems Center, the Vermont Advanced Computing Center, and the Vermont Space Grant Consortium. With a faculty of 89 serving 1,180 students, CEMS offers distinctive undergraduate and graduate programs of national stature, emphasizing transdiciplinarity and a strong liberal arts foundation, and prepares graduates for leadership roles in society, as well as their chosen profession. UVM seeks a Dean with a track record of successful academic and administrative management and experience in institutional planning and enrollment management – in particular, international enrollment, curriculum innovation, program assessment, fiscal management, and policy and technology development. The successful candidate will also be responsible for maintaining the professional accreditation status of the engineering professional programs; to this end, previous experience with the ABET accreditation process is highly desirable. The Dean must have a balanced appreciation for engineering, computer science, and mathematics, as well as an appetite for interdisciplinary collaboration across the University and a desire to work collegially to promote UVM’s collective goals. S/he must have at minimum an ability and desire to engage in securing external funding for the activities and programs of the College; a demonstrated record of strength in fundraising is strongly preferred. An earned doctorate in a CEMS-related academic discipline and a stellar record of teaching and scholarship, as evidenced through earned promotion to full professor, are required for this role. This is an exceptional opportunity to join a university that is beginning an exciting new chapter in its long and rich history and to lead a college central to its goals and ambitions to new levels of achievement. To learn more about UVM, please visit www.uvm.edu. The executive search firm of Isaacson, Miller has been retained to assist the advisory committee for the search. Inquiries, nominations, and applications, including a curriculum vitae and a letter of interest, should be sent in confidence to Liz Vago, Managing Associate at 4638@imsearch.com. Electronic submission of materials is preferred. University of Vermont is committed to providing equal opportunity to all qualified individuals in its employment and personnel practices. The University practices affirmative action by taking assertive steps to recruit, hire and promote minorities, females, individuals with disabilities and veterans.

12/17/2012

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School of Nursing ABOUT PITT-JOHNSTOWN Founded in 1927, the University of Pittsburgh at Johnstown is the first and largest regional campus of the University of Pittsburgh. A vital knowledge center and a foremost contributor to the region’s educational, social, cultural, and economic development, Pitt-Johnstown’s programs are purposefully designed to prepare students for the real world of the 21st century. Pitt-Johnstown’s record of excellence is reflected, in part, by the accomplishments of our 3,000 students, 137 full-time faculty, and 200 staff; the record of achievements of more than 19,500 alumni; the satisfaction of area employers; and the commendations of many external organizations. PittJohnstown offers a high-quality educational experience in a supportive living-learning environment that is grounded in the liberal arts and sciences, is current, and is responsive to both our students’ personal and professional needs and to our communities’ needs. Pitt-Johnstown has been recognized for its strong academic programs by U.S. News & World Report (“Best Baccalaureate College”) and by the Princeton Review (“Best Northeastern College”), and has earned a place on the President’s Higher Education Community Service Honor Roll for the past two years. As a result of its highly successful efforts to reach out to military veterans through its MountainCat Veterans Program (MVP), Pitt-Johnstown is also recognized by G.I. Jobs as a “Military Friendly School.” Our campus is located on 650 picturesque acres in the Laurel Highlands of Pennsylvania, 70 miles east of Pittsburgh. Pitt-Johnstown is seeking energetic and creative faculty members for openings in many areas of our institution. These faculty positions feature competitive salaries and benefits packages. Job duties for all positions include a commitment to excellence in undergraduate teaching, evidence of engagement in scholarly activities, and service to the university, students, and the surrounding communities. Review of all applications will begin on January 15, 2013 and continue until the positions are filled. All faculty positions will begin in late August 2013. Please visit our website at www.pitt-johnstown.pitt.edu/Employment for further position details and complete application information. Pitt-Johnstown is an Affirmative Action, Equal Opportunity Employer and values equality of opportunity, human dignity and diversity. Division of Education Assistant Professor, Language & Literacy Education - Tenure Stream Position Assistant Professor, Secondary Education Science - Tenure Stream Position Division of Engineering Technology Assistant Professor, Civil Engineering Technology - Tenure Stream Position Division of Humanities Assistant Professor, English Literature/American Literature and Culture Studies - Tenure Stream Position Division of Natural Sciences Assistant Professor, Chemistry - Tenure Stream Position Assistant Professor, Psychology (Clinical) - Tenure Stream Position Assistant Professor, Psychology (Experimental) - Tenure Stream Position Assistant Professor, Energy & Earth Resources - Non-Tenure Stream Position Division of Nursing & Health Sciences Assistant Professor, Nursing - Tenure Stream Position Instructor, Nursing - Non-Tenure Stream Position Instructor, Nursing - Non-Tenure Stream Position Division of Social Sciences Assistant Professor, Business Accounting and Finance - Tenure Stream Position Assistant Professor, Business/Management Information Systems - Non-Tenure Stream Position Assistant Professor, Business/Accounting - Non-Tenure Stream Position Assistant Professor, History - Non-Tenure Stream Position Assistant Professor, Sociology - Tenure Stream Position

www.pitt-Johnstown.pitt.edu/Employment

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12/17/2012

Chair, Department of Health Restoration & Care Systems Management We invite doctorally prepared individuals to apply for the position of Chair, Department of Health Restoration and Care Systems Management in the School of Nursing. The Chair provides transformational leadership for the department composed of 55 faculty and 4 staff. The chair is selected based on leadership qualities, knowledge base, management and budget skills, interpersonal qualities, and commitment to education, research, practice and service. The position reports directly to the Dean of the School of Nursing.

The University of Texas Health Science Center at San Antonio School of Nursing, one of five schools in a thriving South Texas Medical Center, is a vibrant, growing School, dedicated to serving the South Texas community and beyond. We are committed to excellence in education, research and practice. Research centers such as the Barshop Center for Aging, Cancer Therapy and Research Center, Academic Center for Evidence Based Practice and the Center for Community-Based Health Promotion in Women and Children provide extensive intra- and inter-disciplinary teaching and research opportunities in a multicultural environment. The on-site UT Nursing Clinical Enterprise is a dynamic center for the integration of research, education and practice. This well established School of Nursing with over 100 faculty and 11,000 professional graduates, offers BSN, MSN, DNP and PhD programs of study. Our city’s health care systems such as Baptist, Christus Santa Rosa, Methodist, Military, VA, and University provide rich opportunities for collaboration.

Faculty in this department hold expertise in restoring adult patient health in the context of complex systems of care. Health Restoration refers to emergency, urgent, critical, medicalsurgical definitive care to safely restore health, coping, or peaceful death following illness, complications, or injury. Care Systems Management refers to management and leadership at micro- (unit level), meso- and macro-system levels in: Accountable care organizations and other caregiver systems in which healthcare teams deliver restorative care. The Academic Center for Evidence-Based Practice (ACE) is known internationally for its expertise in bridging research into practice with the ultimate goal of improving care, patient outcomes, and patient safety. Areas of faculty research include implementation of healthy practice environments for magnet hospital designation, cultural proficiency, care giving in families and communities, stress reduction modalities in veterans and military families, quality and safety measures in microsystems, preparation for disaster, and evaluation of nursing education teaching strategies. Prominent faculty scholars are recognized nationally and internationally for their work in the areas of simulation, trauma, emergency care, critical care, medical-surgical nursing, stroke survivor telehealth, rehabilitation, palliative care, quality and safety, and exquisite care of the hospitalized elderly with strong affiliations with the VA, Methodist and University hospital systems.

Faculty practice is also a strong component of this department. Our faculty provide expert consultation, legal review, and educational services across the city and state. Faculty provide leadership and service at local, national, and international levels to influence and improve health care policy and practice.

Rank and salary will be commensurate with qualifications and experience. Successful applicants will receive appointment in the Department of Health Restoration and Care Systems Management.

We particularly encourage applications from individuals with established teaching, research and practice programs who are at the rank of Associate Professor or Professor and who are tenure-eligible. Send by e-mail or regular mail a letter of intent, and curriculum vitae to: Dr. Julie Novak Chair, Department Chair Search Committee Office of the Dean The University of Texas Health Science Center at San Antonio 7703 Floyd Curl Dr., MC 7942 San Antonio, TX 78229-3900 210-567-5800 Email: Novakj4@uthscsa.edu; website: http://www.uthscsa.edu/

San Antonio is a culturally diverse, exciting city that is a destination for professionals and tourists. The major economic component of the 7th largest US city is healthcare. All faculty appointments are designated as security sensitive positions The University of Texas Health Science Center at San Antonio is an Equal Employment Opportunity / Affirmative Action Employer

Assistant Professor of Viticulture/Pomology Department of Horticulture College of Agriculture and Life Sciences Cornell University – Ithaca, New York 14853 Cornell is a community of scholars, known for intellectual rigor and engaged in deep and broad research, teaching tomorrow’s thought leaders to think independently, care for others, and create and disseminate knowledge with a public purpose. New York State is a major producer of fruit crops and Cornell University has a long history of research and teaching in the area of fruit production. The wine and grape industry is expanding rapidly in NYS and is a major contributor to the economy. Most vineyards and orchards are situated near rivers, lakes and oceans, making nutrient and agrochemical leaching into surface and groundwater an important factor to manage and mitigate. Sustainably managing soil, water, and nutrient resources in a changing climatic and economic environment is critical for the continued success of the winegrape and tree fruit industries. Responsibilities: The candidate is expected to develop and direct an externally-funded, nationally-recognized research program on deciduous fruit production systems, including wine grapes, with emphasis on understanding interactions between the fruiting plant and ecosystems, and applying this knowledge to improve the sustainability of fruit crop production systems. Possible research areas include: soil, water, nutrient and groundcover management; agrochemical leaching/runoff; identification and management of variables contributing to soil health; and nutritional physiology of fruit crop species in relation to food and wine quality. The candidate is also expected to teach or co-teach courses associated with the Viticulture/Enology and Plant Sciences majors, including an upper-level viticulture course such as Grapevine Biology. Contributions to other fruit systems courses are expected when appropriate, particularly Ecological Orchard Management. Participation in curriculum development, student recruitment, undergraduate and graduate advising, and internship identification and management will be components of the teaching responsibility. The candidate is expected to participate fully in the academic life of the department and college by serving on committees, attending relevant meetings, and serving as a resource for inquiries about fruit production. Salary and start-up package is generous and subject to negotiation. Benefits are competitive and of high caliber. Qualifications – Required: Ph.D. in horticulture or closely-related field with experience in fruit production systems. Previous teaching experience desirable. Application procedure: Submit letter of application curriculum vitae, statement of research goals and plans, statement of teaching philosophy, graduate transcripts, and names of three references to: https://academicjobsonline.org/ajo/jobs/2372. For additional information, email Dr. Justine Vanden Heuvel at jev32@cornell.edu. Review of applications will begin February 1, 2013, and continue until the position is filled. Cornell University is an innovative Ivy League university and a great place to work. Our inclusive community of scholars, students and staff impart an uncommon sense of larger purpose and contribute creative ideas to further the university's mission of teaching, discovery and engagement. Located in Ithaca, NY, Cornell's far-flung global presence includes the medical college's campuses on the Upper East Side of Manhattan and Doha, Qatar, as well as the new CornellNYC Tech campus to be built on Roosevelt Island in the heart of New York City. Find us online at http://hr.cornell.edu/jobs or Facebook.com/CornellCareers

Diversity and inclusion have been and continue to be a part of our heritage. Cornell University is a recognized EEO/AA employer and educator.

ADVERTISING INDEX POSITIONS CALIFORNIA

Rio Hondo College

University of California, Davis

CONNECTICUT

Sacred Heart University D

FLORIDA

Tallahassee Community College

University of South Florida

ILLINOIS

Bradley University

INDIANA

Indiana University Northwest

LOUISIANA

Louisiana State University

MARYLAND

Community College of Baltimore County

MASSACHUSETTS

Simmons College

NEW YORK

Cornell University

49; 52; 55

St. Joseph’s College

4; 52

Syracuse University

NORTH CAROLINA

University of North Carolina Asheville

48; 51

OHIO

College of Wooster

38; 52; 53

PENNSYLVANIA

Kutztown University

Temple University

University of Pittsburgh

4; 50

University of Pittsburgh-Johnstown

TEXAS

University of Texas Health Science Center-San Antonio

VERMONT

University of Vermont

WASHINGTON

Evergreen State College

INSTITUTIONAL

Boston College Law

DePaul University College of Law

John Marshall Law School

Law School Admission Council

Marquette University Law School

New York Law School

South Texas College of Law

Southern Methodist University, Dedman Law

Stetson University College of Law

Thomas M. Cooley Law School

Thomas Jefferson School of Law

University of San Diego School of Law

University of The District of Columbia-David A. Clarke School of Law

CONFERENCES

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12/17/2012

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INTELLIGENCE PLUS CHARACTER Miquela Rivera, Ph.D., is a licensed psychologist with years of clinical, early childhood and consultative experience. She lives in Albuquerque, N.M.

The function of education is to teach one to think intensively and to think critically. Intelligence plus character – that is the goal of true education. – Martin Luther King Jr.

the last decade, character-building programs in schools have taken a back seat to test scores. That is lamentable, since scores get a student into and out of schools, but character determines what a student does during and after the process. Latino students merit support in both areas of assessment and character development. For Hispanic students to succeed in higher education and beyond, it cannot be simply about what they know; it must also be about what they choose to do and how they go about doing it. An employer hiring either someone with excellent technical skills but questionable character or a greenhorn with good character is wise to choose the latter. An employee can be trained in technical skills, but the traits of good character begin in early childhood and are strengthened through personal trials. Trustworthiness – the basis for any relationship – is paramount for a Latino student in any situation, from elementary school through higher education. Trust underlies all behavior, from taking a test fairly to completing a job honestly. This first stage of psychosocial development – trust in others – begins at birth and is taught through modeling, structure and guidance. The child then internalizes the idea that being personally trustworthy is important, and it is reinforced when the child is held accountable. For Hispanic students, respect emerges from traditional family values articulated and reinforced since early childhood. Some Latino families enforce the children-should-be-seen-and-not-heard philosophy while others have less rigid rules. Mutual respect must still underlie either approach. When children live with uncertainty or violence, fear is often leveraged to gain respect. Fear might secure compliance, but trust and the tests of character garner respect. Responsibility is clear for Latino students in higher education since they either perform – or don’t. The onus of academic achievement is on the individual; failure to achieve cannot be fully blamed upon others, even with challenged educational systems. Holding a young child accountable for completing assigned tasks at home and school, correct-

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ing mistakes that are clearly her own, and initiating whatever needs to be done without external pressure to do so are the ways that responsibility is developed across time. The consequences, rewards and sense of personal power propel Hispanic students forward whether success comes easily or requires extra effort. Latino students with a strong sense of personal responsibility realize their future is up to them, so they are more likely to act and secure it. Fairness is the character value that guides Latino students not to take undue advantage of others and, conversely, helps them discern if they are being exploited. Cries of “Not fair!” can be heard from the playground to the boardroom, but fairness to others is taught by parental modeling, reason (including teaching that it is not the same as absolute equality) and good judgment. Advantages are then seen as opportunities that are linked with responsibilities to others. Caring is demonstrable compassion, also nurtured early at home. Kindness and consideration are never out of place – even in a competitive arena. When Hispanic children learn that the well-being of people supersedes achievement, personal gain or material success, they internalize that sense of responsibility and caring towards others. In today’s social media-based environment that promotes self or “me” as a person’s main concern, caring forces a young Latino to look beyond immediate desires and consider the needs of others. Latinos hold a deep, proud history of citizenship – service and allegiance to the country – across time, providing excellent role models and a treasured legacy for young Latinos to emulate. Citizenship aims to secure for Hispanics the long-term freedom to live a life of choice. All of the traits developed in school-based programs aimed at character development are traits held and reinforced by traditional, healthy Hispanic families, so they will be exercised by Latino students in the classroom, even if they are not taught as a formal curriculum. That leaves more room for learning the technical, academic information being taught and, in the process, gives Latino students what they need to succeed in higher education.

This article appeared online only in the 12/17/12 Issue

TARGETING HIGHER EDUCATION

To Educate the Neediest

by Gustavo A. Mellander merica’s love affair with higher education has ebbed. New national priorities are forcing us to rethink our existing system. As we design new policies, we have the opportunity to address existing inequities. Last month, I commented on the Education Trust’s Priced Out: How the Wrong Financial-Aid Policies Hurt Low-Income Students publication. It succinctly details how low-income students, including many Hispanics, are being denied the opportunity to succeed in college. Some might have access, but government policies and institutional priorities prevent many from succeeding in college. Graduation Rates One way of measuring a college’s success is to examine how many lowincome students actually graduate from that institution. Priced Out analyzed the graduation rates of all first-time, full-time undergraduates, not just those from low-income backgrounds. (That data are collected by many institutions for internal purposes but not necessarily shared with researchers. That is in the process of changing. Starting in the summer of 2010, all colleges and universities that receive federal Title IV aid have been required to disclose their graduation rates.) This is an important first step in making these data available, but for them to be truly useful, the authors state, “the federal government must require that institutions report these data to IPEDS, rather than only provide them upon request.” A Glimpse Preliminary data from the Access to Success (A2S) Initiative (www.edtrust.org/issues/highereducation/access-to-success) provides a glimpse into what such reporting requirements might show at the national level. Some 20 systems of higher education nationwide, which include about 300 institutions, annually submit their graduation rates disaggregated by income status to the Education Trust. These systems have not only proven that it is possible to collect and report these data on a large scale, but also have shown courage in voluntarily making the results public, regardless of how troubling they might be. A substantial 12 percent gap separates low-income students from their higher-income peers: The average six-year graduation rate for Pell Grant recipients was 45 percent, compared with 57 percent for those from higher income families. Evaluating similar data for all postsecondary institutions would help better understand how the graduation rates of low-income students vary and would allow for improved decision making by interested parties.

bility tests” are all from public university systems. Two are from California: California State University-Fullerton and California State University-Long Beach. Two are City University of New York (CUNY) institutions: Bernard M. Baruch and Queens. The fifth is the University of North Carolina-Greensboro. Some of these are very well known; others aren’t. The researchers commented, “these three systems are deeply, publicly committed to closing the access and success gaps between low-income and high-income students, and between Whites and underrepresented minorities.” Clearly, favorable state policies can play a major role in helping keep costs more manageable for low-income students. For instance, tuition and fees in all three systems mentioned above are below the national average. That’s the first step. Further, all three states, California, New York and North Carolina, provide more need-based financial aid per student than most other states. New York, for example, awards 96 percent of its state grant aid based on need. Low-income students are eligible for up to $5,000 through the state’s Tuition Assistance Program (TAP). Low-income students attending CUNY four-year colleges are also eligible to participate in SEEK (Search for Education, Elevation and Knowledge), an educational opportunity program that provides both financial and academic support. Although system and state policies promote affordability and access on these campuses, the net price at each of these institutions ranks near or below the average in these already lower-cost systems. This suggests that these campuses themselves have taken steps to control costs for lowincome students.

The Five Most Affordable and Accessible Institutions with High Graduation Rates The five institutions that “passed the affordability, quality and accessi-

A Case Study: Berea College Beyond these five institutions, the authors paid special tribute to a small college in Kentucky that enrolls and graduates low-income students

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at little or no cost. Berea College fits the profile of many small liberal arts schools across the nation. Yet it has mechanisms in place so that it charges no tuition. “We’re literally the only school in America that says if you can afford to come, you can’t,” Dr. Larry Shinn, Berea college president, told the researchers. The average family income in 2010 for students was $29,291, so four out of five freshmen qualified for Pell Grants. Among other strategies, the college employs a work-study system through which all students take part in the campus labor program. In exchange, they receive tuition waiver and a modest living stipend. At the same time, Berea College, with close to 1,600 students, has earned a reputation for academic rigor. Nationwide, only 8 percent of low-income, young adults earn a bachelor’s degree. From 2002 to 2009, Berea boosted its graduation rates from 50 percent to 65 percent. Quite simply, Berea has decided to educate young people of modest means. Fortified by a nearly $950 million endowment, a substantial work-study program, and the “plain living” values woven into its mission, the college manages to underwrite the tuition of its students. It has a special commitment to serve, above all, the residents of Appalachia. Working Programs Berea has a series of programs to facilitate the educational transition of young people who are often the first in their families to attend college. Freshman seminars, for example, led by a faculty adviser and a peer tutor, help improve reading, writing and speaking skills. Berea’s director of academic services, Curtis Sandberg, sees the key to ensuring student success as “an understanding of who we serve and what they need.” Three or four weeks into the semester, the college sends student data to all faculty advisers. In addition, a broad array of campus administrators meets every Monday as an Intervention Team to discuss how best to help students identified as having trouble with their classes or adjusting. In a successful equation for the college budget and student retention, Berea College requires 10 to 12 hours of labor every week from all students. Many work as teaching associates in programs ranging from agriculture to women’s studies. Other students serve meals or maintain campus gardens, and still others make furniture marketed by the college. Administrators see the labor program as another helpful requirement for a diploma. “Every student has a labor supervisor who is seeing that student on a regular basis,” Sandberg says. “They know if that student is not feeling well, if that student is depressed.” Both work-study and out-of-class programs, formal and informal, anchor Berea students. For Berea’s president, fostering the academic achievement of lowincome students is an ethical imperative that merits more attention across higher education. “It’s hard work, but more colleges and universities are going to need to do it, given changing student demographics,” he noted. The Nation’s Elite Institutions It is a given that well-endowed, top-ranked private nonprofit institutions are hard to get into. They have respected academic programs and

high graduation rates. But they enroll very few low-income students. Some private institutions have sizeable endowments, which, it is suggested, could be invested in making their universities more accessible to low-income students. Some do: Harvard, Stanford and Princeton, for instance, keep net prices relatively affordable for low-income students, at about $3,000. Yet fewer than 15 percent of students attending these universities come from low-income families. To educate low-income students is obviously not a top priority. Neither is it a top priority at public research universities. They do not target their financial aid dollars towards the neediest students. Because these institutions are comparatively well-to-do, with far more resources than other public institutions, all 50 state flagship institutions could be more proactive in becoming more affordable to all students. Another Set of Five In actuality, all but five of the 50 flagships charge net prices above $4,600. (This $4,600 sum is the amount that low-income students would be expected to contribute if they were paying proportionally what a middle-income student pays to attend college.) The five who charge less are: University of North Carolina-Chapel Hill, Louisiana State University, University of Florida, Indiana UniversityBloomington and University of Virginia. But even among these five relatively affordable flagship universities, low-income students remain significantly underrepresented. None of these five flagships serves low-income students at or above the national average of 30 percent. So while these five universities offer low-income students a high-quality education at a relatively low cost, they simply do not offer it to nearly enough of them. The other 45 flagships are too expensive for low-income students. Thus few attend. Profit-Making Institutions For several years, this industry has mushroomed. As I have written before, I don’t believe making a profit is a sin – even in higher education. The key issues should be what do these institutions provide, who are they serving, and how well? Questions about the academic quality, low graduation rates and heavy reliance on student loans among for-profit institutions have been raised in many quarters, including Congress. Those institutions have long touted that they offer low-income students a chance to study inexpensively and receive a good education. This study points out that just isn’t true. Their high tuitions, the hefty loans students have to assume, the quality of education and the low percent of students who actually graduate are meticulously studied in painful detail in this report. It is not an admirable record. Bottom Line Is it possible to help more low-income students graduate from college? Yes, of course – some institutions are doing just that; but far, far too few. Despite public support for cutting the net price of college, the data presented in this report show that existing practices are not nearly enough to make college a realistic option for lowest-income Americans. Eighty-two percent of young people from the highest-income quartile in

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America have a bachelor’s degree by age 24, but only 8 percent of those from the lowest-income quartile do. Suggestions for Policymaker: • Adopt policies to benefit low-income students; stop policies where a significant portion of financial aid continues to flow to high-income students • Design programs to allow low-income students full access to financial assistance; remove technical barriers • Financial awards should be large enough to influence the choices and success rates of low-income students This nation was founded on principles of fairness. It could do better in providing our neediest students with the opportunities they need for upward economic and intellectual mobility. But it’s not just about fairness, the bias toward privilege encoded in today’s financial aid policies betrays our democratic principles. That weak-

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ens our ability to reach our collective aspirations. A college education benefits those who achieve it. Crassly, college graduates earn one million dollars more in their lifetime than high school graduates. But more importantly, educated brains and increased knowledge are national necessities. So while the individual benefits from more education, society as a whole does as well. That’s clear. Where Are We? Restructuring of higher education and its financing is upon us. Obviously, budget deficits have to be addressed, indeed some cuts will be necessary. But the “opportunity deficit” in America should be corrected as well. One’s future, one’s ability to succeed is still heavily influenced by ones family wealth. Forward-thinking policies that work as described in this column can help change existing inequities. Dr. Mellander was a college president for 20 years and served on more than 50 college accreditation teams.