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Equal Protection of the Laws in Public Higher Education

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Equal Protection of the Laws in Public Higher Education i;J fJ r~ -~ ., Thurgood Marshall Law Library 7 The University of Maryland School of Law "'t9 -f) ~,t UNITEDSTATES. -: COMMISSIONON CIVIL RIGHTS :t .,_·~ 9 9 ~\,-Wt ti =gj ~UAL PROTECTIONOF THE LAWS : IN !JsucHIGHER EDUCATION .,,,t - 1960 -i."t i:it tt•- MEMBERS OF THE COMMISSION JOHN A. HANNAH, Chairman REV. THEODORE M. HESBURGH, C.S.C. ROBERT G. STOREY, Vice Chairman GEORGE M. JOHNSON DOYLE E. CARLTON ROBERT S. RANKIN Staff Director, GORDON M. TIFFANY Deputy Staff Director, BERL I. BERNHARD EQUALPROTECTION OF THE LAWSIN PU.BLICHIGHER EDUCATION, 1960 CONTENTS Page Letter of Transmittal_ _ _ _ _ __ _ __ __ _ _ __ _ _ _ __ __ _ _ __ _ __ _ _ _ __ _ _ __ _ __ _ __ _ ix Acknowledgments_________________________________________________ x Introduction_____ _ _ _ _ _ __ __ __ _ __ _ _ __ _ _ _ _ __ _ __ __ _ _ __ _ _ _ _ __ _ __ __ _ _ __ xi PART I. SEGREGATION IN PUBLIC HIGHER EDUCATION IN THE SOUTHERN STATES BEFORE 1954____________ 1 Chapter 1. The Origin and Development of Segregated Colleges________ 2 Education for Negroes in the Pre-Civil War Period_________ 2 The Era of Reconstruction______________________________ 3 The Establishment of Publicly Controlled Colleges for Negroes_ 5 The Legal Basis of Racial Segregation in Southern Colleges__ 9 Chapter 2. The "Separate but Equal" Doctrine and Its Evolution______ 12 The Rule of the Plessy Case_____________________________ 12 Separate but UnequaL_________________________________ 13 Tuition Grants and the First Challenges to Segregation_____ 14 Equality Requires Educational Opportunity Within the State_______________________________________________ 17 Equality Will Brook No Delay___________________________ 23 The Southern Regional Education Compact_______________ 26 The Quality of Equality_________________________________ 28 Equality of Treatment After Admission___________________ 33 Separate Undergraduate Colleges: Convenience and Cost as Factors in Equality___________________________________ 37 PART II. THE PRESENT REQUIREMENTS OF THE EQUAL PROTECTION CLAUSE IN PUBLIC HIGHER EDUCATION_______________________________________ 41 PART III. DEVELOPMENTS IN THE SOUTHERN STATES FROM 1954 TO 1960________________________________ 49 Chapter 1. Voluntary and N onvoluntary Compliance in Southern and Border States________________________________________ 50 The Border States______________________________________ 50 Official Action in Response to the School Segregation Cases_ 51 The Opening of White Colleges to Negro Students__________ 52 Desegregation in Reverse________________________________ 55 The Token Compliance States___________________________ 56 The Limited Compliance States__________________________ 59 ill Page Chapter 2. Resistance in the Deep South____________________________ 69 Louisiana_____________________________________________ 69 Florida________________________________________________ 75 Mississippi ____ - - ___ - __ - - - - - - - - _____ - _- - _ - - - __ - - - __ - __ _ 80 South Carolina_________________________________________ 82 Alabama______________________________________________ 84 Georgia_______________________________________________ 89 Chapter 3. A Comparison of Public Colleges for Whites and Negroes in the Resistant States__________________________________ 97 Bases of Comparison____________________________________ 98 Alabama______________________________________________ 104 Florida________________________________________________ 110 Georgia_______________________________________________ 117 Louisiana ___________________- --- _____- _---- ___________ 124 Mississippi____________________________________________ 129 South Carolina_________________________________________ 136 Summary_____________________________________________ 141 PART IV. LAWSANDPOLICIESINNORTHERN AND WESTERN STATES____________________________________________ 143 State Laws Prohibiting Discrimination in College Admission__ 144 Admission Policies and Enrollment in Public Colleges and Universities_________________________________________ 144 PART V. DISCRIMINATORY ADMISSION PRACTICES THROUGHOUT THE NATION_____________________ 147 Chapter 1. Solicitation of Information From Applicants Susceptible to Discriminatory Use___________________________________ 150 Southern States________________________________________ 151 Northern and Western States____________________________ 154 Regional Comparison___________________________________ 156 Chapter 2. Instances of Discrimination______________________________ 158 Questionnaires to Freshmen in Negro Colleges: Rejection by White Institutions _______________________- _ _ _ _ _ ___ __ __ 158 Questionnaires to High School Seniors: Rejection by Col- leges________________________________________________ 162 Summary_____________________________________________ 164 PART VI. NEGRO STUDENTS IN SEGREGATED AND NON- SEGREGATED INSTITUTIONS_____________________ 167 Chapter 1. Discrimination Against Negro Students at Predominantly White Institutions____________________________________ 168 Chapter 2. The Choice of Predominantly Negro Institutions by Negro Students____________________________________________ 171 PART VII. AVAILABILITY OF BENEFITS OF FEDERALLY FI­ NANCED EDUCATION PROGRAMS TO ALL CITI- ZENS______________________________________________ 179 Chapter 1. Federal Aid to Higher Educational Institutions for General Purposes____________________________________________ 182 College Housing Program ________ ---------------------__ 182 iv Page Chapter 2. Federal Aid to Higher Educational Institutions and Indi- viduals To Improve the Quality of Education____________ 192 National Defense Education Act Programs________________ 192 National Science Foundation Institutes___________________ 203 Chapter 3. Federal Aid to Higher Educational Institutions for the Promotion of Particular Studies________________________ 210 Land-Grant College Programs___________________________ 210 Basic Research Programs (Other Than Agriculture)_________ 223 Chapter 4. Federal Aid to Students or Scholars on the Basis of Merit___ 235 National Science Foundations Fellowships_________________ 235 Chapter 5. Federal Aid to Students on the Basis of Financial Need or Obligation of the Federal Government__________________ 239 Federal Student Loan Program___________________________ 239 Korean Veterans and War Orphans Educational Assistance__ 242 PART VIII. SUMMARY OF EQUAL PROTECTION PROBLEMS IN PUBLIC HIGHER EDUCATION____________________ 245 PART IX. FINDINGS AND RECOMMENDATIONS______________ 265 General Findings_______________________________________ 265 Federal Funds in Support of Higher Education_____________ 266 Findings__________________________________________ 266 Recommendation No. !_____________________________267 Concurring Statements______________________________ 268 Dissenting Statement ___________-------------_______ 268 Enforcement of Constitutional Rights_____________________ 269 Findings__________________________________________ 269 Recommendation No. 2_____________________________ 270 Dissenting Statement_______________________________ 270 Affirmative Federal Action To Alleviate Academic Handicaps__ 270 Findings__________________________________________ 270 Recommendation No. 3_____________________________ 271 Additional Proposals of Chairman Hannah and Commissioners HesburghandJohnson________________________________ 272 Federal Funds to Private Colleges____________________ 272 Additional Powers to the Attorney General for Enforcement of Constitutional Rights_______________________________ 273 Seperate Statements of Vice-Chairman Story and Commis­ sioners Carlton and Rankin with Regard to Granting Addi- tional Powers to the Attorney GeneraL _ _ __ __ _ __ _ __ _ _ _ __ 273 Vice-Chairman Story_______________________________ 273 Commissioner Carlton ______ ------------------------ 273 Commissioner Rankin_______________________________ 273 List of Appendices _______________________________________-·-_______ 275 Selected Bibliography______________________________________________ 329 List of Cases Cited________________________________________________ 333 List of Colleges and Universities Mentioned__________________________ 337 Index____________________________________________________________ 337 Commission Staff Participating in the Report_________________________ 355 V LIST OF CHARTS Page CHART 1. Alabama: Map showing location of public colleges and universities for white and for Negro students, 1959-60____ 105 CHART 2. Alabama: State and local funds per student enrolled in public colleges and universities for whites and for Negroes for even fiscal years 1950-58 _____ ----------- ___ ---- _ ________ _ _ _ 108 CHART 3. Alabama: State and local funds to white and Negro public colleges and universities;per white and Negro resident for even fiscal years 1950-58_______________________________ 109 CHART 4. Florida: Map showing location of public colleges and univer- sities for white and for Negro students, 1959-60__________ 111 CHART 5. Florida: State and local funds per student enrolled in public colleges and universities for whites and for Negroes for even fiscal years 1950-58______________________________ 115 CHART 6. Florida: State and local funds to white and Negro public colleges and universities per white and Negro resident for even fiscal years 1950-58_______________________________ 116 CHART 7. Georgia: Map showing location of public colleges and univer- sities for white and Negro students, 1959-60______________ 118 CHART 8. Georgia: State and local funds per student enrolled in public colleges
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