University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Students for Fair Admissions v. University of North Carolina ED-NC-0001
Docket / Court 1:14-cv-00954-TDS-JLW ( M.D. N.C. )
State/Territory North Carolina
Case Type(s) Education
Case Summary
On November 17, 2014, Students for Fair Admissions Inc. filed a lawsuit in the United States District Court for the Middle District of North Carolina under The Civil Rights Act of 1964, against the University of North Carolina (UNC). The plaintiff, represented by private counsel, asked the court ... read more >
On November 17, 2014, Students for Fair Admissions Inc. filed a lawsuit in the United States District Court for the Middle District of North Carolina under The Civil Rights Act of 1964, against the University of North Carolina (UNC). The plaintiff, represented by private counsel, asked the court for declaratory and injunctive relief to prohibit the consideration of race in college admissions, claiming that Harvard's current admissions policy discriminated against Asian American applicants..

Specifically, the plaintiff claimed that UNC's current admissions policy holds Asian American students to a higher standard based on their race, that Harvard is engaged in a prohibited form of racial balancing, that UNC is not limiting its consideration of an applicant's race to "merely a plus factor," and that a racially neutral alternative is available to achieve the same goals of diversity.

As evidence of this, the plaintiff pointed to admissions data that showed a disparity between acceptance for Asian American students at UNC and at other schools (for example, the University of California did not employ racial considerations in their admissions process). Additionally, the plaintiff pointed to the steady rate of acceptance of Asian American students despite the change in application rates and qualifications for those applicants. According to the plaintiff, this was evidence of a policy indistinguishable from racially based quotas for admissions. The plaintiff also pointed to a long history of admissions discrimination at Harvard as evidence suggesting the current policy may have similar aims.

The case was assigned to Judge Loretta C. Biggs on Jan. 12, 2015.

On Mar. 20, 2015, the parties filed a joint stipulation of voluntary dismissal. The parties dismissed the UNC Board of Trustees and the individual trustees named as defendants, arguing that the Board did not play an active role in creating the admissions policy. The parties also dismissed all Title VI claims against the individually named defendants from the Board of Governors, the UNC president, and various other UNC Chapel Hill administrators. Finally, the parties dismissed the 42 U.S.C. § 1981 claim against all defendants.

On June 30, 2015, a series of individual UNC students and parents of students intending apply to UNC moved to intervene on behalf of the defendants. The intervenors identified themselves as African American, Black, Moorish, Indian, and Hispanic.

On July 6, 2015, the defendants moved to stay the proceedings in light of the Supreme Court's pending decision in Fisher v. University of Texas at Austin. Although the plaintiff opposed the motion, the parties filed a joint motion to partially stay proceedings on Sept. 30. They sought partial stay of the proceedings pending the resolution of Fisher II in the Supreme Court, but on the condition that defendants produce "certain agreed-upon materials." The court granted partial stay motion and further stayed all proceedings on Oct. 1.

The Supreme Court decided Fisher was decided on June 23, 2016, and the court here lifted the stay on August 1, 2016. Discovery continued. The court granted permissive intervention to the current and prospective students on Jan. 13, 2017.

On Oct. 25, 2017, the defendants moved to dismiss the case for lack of jurisdiction, arguing that the plaintiff brought suit as "an organizational plaintiff asserting representational standing" but did not meet its burden of showing its members had "indicia of membership in an organization."

The case is ongoing.

Patrick Branson - 02/16/2015
Virginia Weeks - 11/26/2017


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Issues and Causes of Action
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Issues
Defendant-type
College/University
Discrimination-basis
Race discrimination
Plaintiff Type
Private Plaintiff
Race
Asian/Pacific Islander
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Title VI, Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq.
Defendant(s) University of North Carolina
Plaintiff Description Students for Fair Admissions, whose membership includes applicants who have been denied admission, prospective college applicants, parents of applicants and prospective applicants, and other interested parties.
Class action status sought No
Class action status granted No
Prevailing Party None Yet / None
Public Int. Lawyer No
Nature of Relief None
Source of Relief None yet
Case Ongoing Yes
Additional Resources
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  Montgomery Public Schools
http://www.bazelon.org
Date: 2017
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

  Blackman. v. District of Columbia
http://www.bazelon.org/blackman-v-district-of-columbia/
Date: 2017
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

  S.S. v. Springfield Public Schools
http://www.bazelon.org/springfield-massachusetts-school-system/
Date: 2017
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

  Doe v. Pasadena Unified School District
http://www.bazelon.org/doe-v-pasadena-unified-school-district/
Date: 2017
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

  A.J. v. Cesar Chavez Public Charter Schools
http://www.bazelon.org/a-j-v-cesar-chavez-public-charter-schools-et-al/
Date: 2017
By: Bazelon Center (Bazelon Center)
[ Detail ] [ External Link ]

  Project on Fair Representation Announces Lawsuits Challenging Admissions Policies at Harvard Univ. and Univ. of North Carolina - Chapel Hill
https://studentsforfairadmissions.org/
Date: Nov. 17, 2014
By: Students for Fair Admissions (Students for Fair Admissions)
[ Detail ] [ External Link ]

Docket(s)
1:14-cv-00954-TDS-JLW (M.D. N.C.)
ED-NC-0001-9000.pdf | Detail
Date: 10/25/2017
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint
ED-NC-0001-0001.pdf | External Link | Detail
Date: 11/17/2014
Judges Biggs, Loretta Copeland (M.D. N.C.)
ED-NC-0001-9000
Webster, Joe L. (M.D. N.C.) [Magistrate]
ED-NC-0001-9000
Plaintiff's Lawyers Boyle, W. Ellis (North Carolina)
ED-NC-0001-0001 | ED-NC-0001-9000
Connolly, J. Michael (District of Columbia)
ED-NC-0001-0001 | ED-NC-0001-9000
Consovoy, William S. (District of Columbia)
ED-NC-0001-0001 | ED-NC-0001-9000
Freeman, Andrew Allen (North Carolina)
ED-NC-0001-9000
McCarthy, Thomas R. (District of Columbia)
ED-NC-0001-0001 | ED-NC-0001-9000
Park, Michael H. (New York)
ED-NC-0001-9000
Ruley, Daniel Alan M. (North Carolina)
ED-NC-0001-9000
Strawbridge, Patrick (Massachusetts)
ED-NC-0001-9000
Weir, Bryan K. (Virginia)
ED-NC-0001-9000
Defendant's Lawyers Bischoff, Christine C. (North Carolina)
ED-NC-0001-9000
Brennan, Stephanie A. (North Carolina)
ED-NC-0001-9000
Colfax, Reed N. (District of Columbia)
ED-NC-0001-9000
Combs, Marianne H. (Illinois)
ED-NC-0001-9000
Flath, Lara A. (Illinois)
ED-NC-0001-9000
Gaztambide−Arandes, Laura (District of Columbia)
ED-NC-0001-9000
Greenbaum, Jon M. (District of Columbia)
ED-NC-0001-9000
Holtzman, Jack (North Carolina)
ED-NC-0001-9000
Samberg-Champion, Sasha M. (District of Columbia)
ED-NC-0001-9000
Schlactus, Glenn (District of Columbia)
ED-NC-0001-9000
Scudder, Michael Yale (Illinois)
ED-NC-0001-9000
Shum, Brenda L. (District of Columbia)
ED-NC-0001-9000
Tulchin, Matthew T. (North Carolina)
ED-NC-0001-9000
Turner, Emily P. (North Carolina)
ED-NC-0001-9000

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