Reed v. Pearson Appellant's Brief
Public Court Documents
February 28, 1962

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Brief Collection, LDF Court Filings. Geier v. Blanton Appendices to Brief for Plaintiffs-Intervenors, Appellants Richardson, 1978. b8b3070a-b39a-ee11-be36-6045bdeb8873. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/476a802b-0b65-4680-8f0b-26fae0d9b01d/geier-v-blanton-appendices-to-brief-for-plaintiffs-intervenors-appellants-richardson. Accessed July 06, 2025.
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IN THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT Nos. 77-1622 & 1624 RITA SANDERS GEIER, et al., Plaintiffs-Appellees, UNITED STATES OF AMERICA, Plaintiff-Intervenor, Appellee, RAYMOND RICHARDSON, JR., et al., Plaintiffs-Intervenors, Appellants, vs. RAY BLANTON, Governor of the State of Tennessee, et al., Defendants-Appellees, UNIVERSITY OF TENNESSEE, et al., Defendants-Appellees., V « APPENDICES TO BRIEF FOR PLAINTIFFS-INTERVENORS, APPELLANTS RICHARDSON et al. AVON N. WILLIAMS, JR. MAURICE E. FRANKLIN RICHARD H. DINKINS 1414 Parkway Towers Nashville, Term. 37219 JACK GREENBERG JAMES M. NABRIT III CHARLES STEPHEN RALSTON MELVYN R. LEVENTHAL LYNN WALKER BILL LANN LEE JUANITA LOGAN CHRISTIAN 10 Columbus Circle New York, New York 10019 Attorneys For Plaintiffs-Intervenors, Appellants APPENDIX A (Contents: Appendix A of Proposed Findings of Fact of the United states and pp. 23-71 of Proposed Findings of Fact of Plaintiffs- Intervenors) Al D. Defendants' Desegregation Proposals Prior to July, 1974 94. in August, 1968, this Court found that there were seme 57,000 students attending Tennessee public institutions of higher education of which approximately 6,000 or about 11% were black. The traditionally white institutions had black enrollments at that time from .06% to 7%. The 7% black enrollment at Memphis State University was far above the average of any other such institution. Tennessee State University (then Tennessee A & I State University) remained overwhelmingly black at about 99%. This segregated pattern of enrollments, among other things, convinced this Court that "the dual system of education created originally by law ha[d] not been effectively dismantled" in Tennessee. Sanders v, Ellington, 288 F.Supp. 937, 940 (M.D. Tenn. 1968). 95. Defendants submitted a desegregation plan on April 1, 1969 which "placed heavy emphasis upon the various institutions... to increase minority group enrollment." The plan also contained a commitment to develop interinstitutional programs among Nashville area state universities in order to achieve meaningful desegregation. This Court determined that this plan could not be approved or disapproved in light of its lack of specificity. Geier v. Dunn. 337 F.Supp. 573, 574-75 (M.D. Tenn. 1972). 96. Defendants submitted a report on April 1, 1970 on the progress of desegregation proposals contained in the April, 1969 submission. That report indicated that the number of black students enrolled in public institutions of higher education excluding TSU in the state had increased 42.2% between 1968-69 and 1969-70 or from 2,720 to 3,869. In terms of attracting black faculty to predominantly white institutions, the report revealed that there was an increase of only 0.5% between 1968-69 23 A2 and 1969-70. Insofar as cooperative programs among Nashville area institutions were concerned, defendants stated that nine faculty members (7 from TSU and 2 from UTN) had participated in an exchange program and that no agreement had been reached for a joint TSU-UTN engineering program. Geier, supra, at 575. 97. In 1969-70, 3,869 black students were enrolled in traditionally white state colleges and universities out of a total enrollment of 88,275. Thus blacks constituted only 4.6% of total enrollment (PI. Int. Ex. #27). In the traditionally white Regents institutions there were 2,354 black students or 5.4% of total enrollments. In the community colleges, blacks constituted 7.4% of total enrollment (398 black students). In the University of Tennessee system, there were 1,1117 black students or 3.2% of total enrollment, TSU was 99% black (Def. Ex- #10 "Progress Report" at 134). 98- In 1969-70 there were 278.3 full-time equivalent black faculty members out of a total of 4,488; there were 20.5 blacks out of 2,033 total FTE faculty in the University of Tennessee System.__This constituted a 1.01% black faculty presence. (ut System Response to Supplemental Interrogatories of Richardson Intervenors, June 13, 1974 at 8, hereafter "UT 1974 Response".) The State Board of Regents System indicated that there were 257.8 FTE black faculty members out of a total FTE faculty of 2455.9. However, the number of black faculty at Board of Regents Universities.was as follows: Austin Peay - 2 East Tennessee State - 0 Memphis State - 8 Middle Tennessee State - 3.3 Tennessee State - 240 Tennessee Tech - 0 24 A3 Thase figures make clear, therefore, that most of the black FT2 faculty were at Tennessee State (3oard of Regents Response to supplemental Interrogatories of Richardson Interveners, June 13, 1974 at 40-46, hereafter SBR 1974 Response"). 99. In 1969, there was not one black administrator in the State Board of Regents’ traditionally-white Universities or Community Colleges. In the University of Tennessee System, there were 16 black administrators out of 646 or 2.5% (Def. Ex. #10 "Progress Report” at 142, hereafter "Progress Report"). 100. There were no blacks out of 96 administrative staff members employed by the University of Tennessee and the Higher Education Commission (Progress Report, at 144). 101. Defendants filed a progress report on June 14, 1971 which described efforts of the individual campuses to achieve greater desegregation. It revealed that a joint engineering program between TSU and UTN had been arranged and that an elective cooperative program in the Specialist in Education Degree program involving Middle Tennessee State, Tennessee State and University of Tennessee at Nashville had been developed. Some duplication between UTN and TSU in nursing program offerings was also reflected in the report. Id. .102. During the 1970-71 academic year, there were 4,659 black students enrolled in traditionally white public institutions of higher education or 5.2% of total enrollments in such institutions, This represented an increase of 790 students over 1969-70. In State Board of Regents Universities, black enrollment was 2,732 students or 5.9% of the total. This represented an increased black enrollment of 378 over the 1969-70 figures? 229 students of this increase were enrolled at Memphis State University. Com munity college black enrollment increased by 209 students over 25 A4 1969-70 figures; hence blacks constituted 9.3% of total enroll ment. Institutions in the University of Tennessee System had 1,320 black students or 3.6% of total enrollment. This repre sented an increase of 203 students over 1969-70 figures. TSU was 98% black (Progress Report at 134). 103. During the 1970-71 academic year there were 277.6 FTE black faculty members out of a total of 4765,1, a decrease of .7 FTE black faculty from 1969-70 figures. White FTE faculty increased during that time by 276.9. In the Regents institutions there were 250.5 black faculty, a decrease of 7.3 from 1969-70; black FTE faculty constituted 9.76% of total FTE faculty. White FTE faculty increased by 144.5. The number of FTE black faculty at Regents institutions, excluding TSU, totalled 21.5 (14 in the senior institutions and 7.5 in the community colleges); at TSU the figure was 229.0 (Regents 1974 Response at 38-56). The FTE black faculty at UT institutions totalled 27.1, an increase of 6.6 over 1969-70 figures; blacks constituted 1.23% of the FTE faculty total. White FTE faculty increased during that period by 159 over 1969-70 figures (UT 1974 Response at 8). 104. No figures appear to be available for 1970-71 with respect to the number of black administrators in traditionally- white public institutions of higher education (Progress Report at 142; UT 1974 Response at 8; SBR 1974 Response at 38). Hence, it is impossible to determine whether black presence in administrative ranks increased or decreased over the 1969-70 total of 16. 105. No figures appear to be available on black presence on the administrative staffs of the governing boards during 1970-71 (Progress Report, at 144). Hence, it is impossible to determine whether the 1969-70 total absence of black administrators changed in any way. 26 A5 106. During the 1971-72 academic year, there were 5,597 black students enrolled in traditionally-white public institutions of higher education or 5.8% of total enrollment. This black enroll ment constituted an increase of 938 students over 1970-71 figures. In the Board of Regents Universitites, excluding TSU, there were 3,150 black students or 6.7% of total enrollment; 2,441 of these students or 77% were enrolled at Memphis State University. The 3,150 black total represented am increase of 418 over 1970-71 figures. In the community colleges, there were 800 black students or 9.3% of the total. And in the University of Tennessee System there were 1,647 black students or 4.1% of total enrollment. This figure was 327 students over 1970-71 totals. TSU was 97.7 black (Progress Report at 134). 107. In 1971-72 there were 282.9 FTE black faculty out of a 5172.4. In the University of Tennessee System there were 30.1 FTE black faculty or 1.32% of the total. This represented am increase of 3 FTE black faculty over 1970-71 figures; white faculty increased by 84.2 FTE (UT 1974 Response at 8). In the Regents Institutions, there were 252.8 FTE black faculty, or 8.76%, out of a 2633.8 total. From .1969-T--7Q .tQ-i9.7L-.J2— the___ percentage of FTE black faculty decreased from 10.50 to 8.76 or 1.74%. The FTE black faculty of non-TSU Regents institutions was 30.8 (24.6 in the senior institutions of which 17.3 were at Memphis State; and 6.2 at the community colleges). FTE black faculty at TSU was 222.0. The 30.8 black faculty at non-TSU institutions represented an increase of 10.3 over 1970-71 figures, 9.3 of which occurred at Memphis State University (SBR 1974 Response at 38-56). 27 108• In 1971-72 there were 24 black administrators at tradition- ally-white institutions or 2.3% of the total. In the Board of Regents, universities there.was one black or 0.3%; in .the community .colleges there was. one jblack or 1.3%; ‘and in the University of ! Tennessee system there were 22 or 3.3% of the total (Progress Report at 142). 109. in 1971-72 there were two blacks employed'by the UT Central Administration out of 154 or 1.3%. THEC had no black staff members (Progress Report at 144). In January, 1972, this Court concluded "that, with the110. exception of TSU, defendants are proceeding to dismantle their dual system of higher education, taken as a state-wide whole, at a constitutionally-permissible rate of speed." Geier, supra, at 58C. It required, consequently, a plan for further desegrega tion of TSU. 111. Defendants submitted in March, 1972, pursuant to Court' order, a plan for further desegregation of TSU in terms of both faculty and student body. That plan set forth essentially the following steps: a. Tennessee State University would employ white faculty to fill all vacancies, insofar as was practical to do so; b. TSU.and other Middle Tennessee institutions would implement a faculty exchange program in the fall of 1972; c. Ten new non-black faculty would be added by TSU in areas where a strengthened faculty would be most likely to attract white students; d. Implementation of Financial Aid Frogram to increase enrollment of non-blacks at TSU; e. Expanded recruitment program for non-black students at the Tennessee State University campus; f. Improving the physical appearance of the TSU campus; and 28 A7 g. All scheduled classes for the Nashville portion of the University of Tennessee School of Social Work would he taught on the TSU camous beginning in the fall of 1972. 112. On July 31, 1972 the defendants submitted a progress report on the March, 1972 plan for increasing white presence at TSU. The report indicated as follows: a. Employment of white faculty at TSU to fill all vacancies: 1) TSU would hire white faculty whenever possible; nineteen vacancies were available; TSU had em ployed seven whites, was negotiating with two whites and one black and intended to keep nine vacancies unfilled for financial reasons. Policy would have less effect than initially expected. 2) TSU faculty expressed its disagreement with this proposal on the ground that, despite its having the most integrated faculty of any public insti tution in the State, it was being singled out for purposes of further desegregation. Implementation of the plan would, in their view, displace blacks who would not be able to find jobs in tradition- • ally white institutions. b. Faculty exchange program among Middle Tennessee institutions: 1) Only a small number of TSU's and other institu tions ' faculty volunteered to participate in the exchange. 2) Eighteen faculty members (3̂ FTE) were definitely scheduled to participate. c. Ten new white faculty members for TSU: 1) $150,000 for this purpose granted by United States Department of HEW; 2) Six white faculty already recruited and three others being considered. d. Financial Aid Program for non-black students at TSU: 1) An additional $200,000 provided by 1972 General Assembly; 2) $400,000 total to TSU to be used in program emphasizing recruitment of white students. e. Expanded recruitment of white students for TSU: 1) White recruiter hired; 2) Recruitment efforts directed to high schools, community colleges and adult groups. 29 A8 f. Improving physical appearance of TSU campus: 1) $2,195,000 approved by 1972 General Assembly; 2) $300,000 earmarked for School of Social Work; 3) No possibility of completing imorovements bv fall, 1972. g. Moving School of Social Work to TSU: 1) Not possible for fall, 1974; 2) Classes to be held at TSU in fall, 1972 however. 113. Defendants Response to Original Plaintiffs' Interrogato ries in August, 1972 reveal the following facts about the finan cing and administration of defendants'March, 1972 plan: a. No special financing was made available to hire white faculty to fill vacancies at TSU; funds for this purpose were to come from TSU's regularly budgeted funds (Response #3); b. Faculty exchange arrangements among Middle Tennesseeinstitutions envisioned that:. ......~ 1) Each institution would pay the salaries of its faculty participating in the exchange; 2) TSU would pay the travel costs and relocation allowances for exchange faculty out of a 1972-73 grant from the United States Office of Education under aid for developing institutions program funds.(Response #4). c. Ten new white faculty were scheduled to be hired to teach in specialized areas but: "As the budget developed, it was discovered that cur capacity to hire faculty of any race would be severely limited. We were hardly able to replace faculty who retired"(Response #7). d. The additional $200,000 in student aid for Tennessee State was part of the 1972 annual appropriation to TSU not earmarked as such for purposes of recruiting white students.(Response #12). In fact, TSU's total appropriation for 1972-73 was only $354,000 more than it received in 1971-72. Out of this $354,000, the additional $200,000 for expanded scholarships was to come, leaving TSU with only a $154,000 or 2*. 1% increase to meet rising costs with respect to other functions of the University. It was the understanding of TSU's President that the $200,000 for additional scholarships would have been above and beyond its _ 1972-73 general appropriation (Torrence Letter, May29, 1972 - Appendix to July, 1972 Report). e. The reception of TSU's white recruiter on high school 30 A9 campuses varied from "warm to cool." "Some high school counselors summoned students while a faw others insisted that no one was interested in Tennes see State University and, therefore, refused to grant him an audience with students." His duties involved recruiting of ooth black and white students (Torrence Letter, suara). f. The transfer of the School of Social Work to TSU's campus would bring no financial benefits to TSU since student fees would continue to go to the University of Tennessee (Response #19). 114. Defendants answers to interrogatories in August, 1972 also indicated that students from UTN had participated in course offacings at TSU but TSU students had not participated in course Q^^e î̂ 9TS UTN under the Joint Bachelor of Science in Engineer ing Program between the two institutions (Response #10). 115. This Court directed defendants to report by August 1, 1972 concerning additional methods for achieving greater desegre gation at TSU including inter alia consolidation of UTN and TSU into a single institution, Geier, surra, at 581-82). In their July 31, 1972 report, the defendants indicated as follows: In an effort to comply with the directive of the Court the defendants have conducted numerous conferences amonli\ themselves and with other interested parties and now report to the Court that the parties are not in agreement as to how the objectives the Court has established can be effected. The State Board of Regents did not submit a plan, citing its recent creation as a governing body. 116. The Tennessee Higher Education Commission did submit on July 31, 1972 a."Report on Steps Needed to Desegregate Public Higher Education in Tennessee" in response to Court directive. It made the following proposals: Tennessee State must revise its priorities away from programs designed to serve a disadvantaged student body to ones that will project an image of a quality institution. This can be done by raising admissions standards and strengthening its faculty. Such changes will attract white students; 31 A10 b. The competition for students from the other public institutions in the Nashville Metropolitan area, primarily from UTN, must be reduced if TSU is to have any success in attracting whites, since "the only successful large scale desegregation of formerly black institutions has come by attracting adult, largely part- time commuting students, mostly enrolling in evening classes." Competition can be reduced by the program allocations below: 1) All teacher education programs, graduate and undergraduate, in Metropolitan Nash ville should be concentrated at TSU bv the fall of 1973; 2) All public institutions in the State ex cept TSU should terminate any education courses offered off campus in Davidson County or any of the counties immediatelv adjacent to Davidson; 3) A joint TSU—UTN program in professional education; 4) A joint program between TSU and Middle Tennessee State (MTSU) in law enforcement and corrections by fall, 1973; 5) All graduate work at TSU in Agriculture should be phased.out by fall, 1973;. 6) A joint program in 3usiness Education between MTSU and TSU should be continued; 7) A consortium of Volunteer State Community College, the Nashville State Technical Institute and TSU to provide community— .... eo-Tlege—cougses-.----------- --------• • THEC did not regard a merger of UTN and TSU as feasible at that time. 117. Tennessee State University also submitted on July 31; 1972 a response to the Court's demand for proposals to achieve meaningful desegregation at its institution. In its response, TSU observed that it could not expect to survive unless both black and white students were enrolled. It suggested that the most likely source of white students for Tennessee State was the adult commuters in the Nashville area, a group UTN was designed to serve. An integrated enrollment at TSU could be obtained by: 32 All a. A merger of UTN and TSU into a single institution; b. Assignment of certain unique programs to TSU that would have "metropolitan area-wide attraction"; c. Further development of cooperative programs between TSU and UTN. 118. During the 1972-73 academic year, there were 6,637 black students in non-TSU institutions of higher education or 6.7% of total enrollment. This represented an increase of 1040 students over 1971-72 figures. In the Regents universities, exclusive of TSU, there were 3,369 black students or 6.5% of total enrollment; 2,441 of this enrollment were at Memphis State. Black student enrollment increased over 1971-72 figures by 219 students, 132 of whom enrolled at MSU. In the community colleges, black enroll ment was 1,437 or 13.4% of the total. This represented an in crease of 637 over 1971-72 enrollments. Since newly-opened Shelby State contributed 640 black students to the 1972-73 totals, the net increase of only 637 was caused by decreases in black enrollments at Cleveland, Columbia, Jackson and Motlow. In the University of Tennessee System, black student enrollment was 1,831 or 4.5%, up 184 over 1971-72. TSU's enrollment was 95.7% black. (Progress Report at 134). 119. In 1972-73 there were 305.5 FTE black faculty out of a total of 5476.8. This represented an increase in FTE black faculty.of 22.5 over 1971-72 levels; FTE white faculty increased by 281.9. In the Regents system, FTE-black faculty was 266.1 or 8.50% of the total, a percentage decline of .26 from 1971-72. This represented an increase of 13.3 over 1971-72 FTE black faculty; FTE white faculty increased by 229.9. Of the 266.1 FTE black faculty, 215.6 were at TSU, 21.9 were at Memphis State and 9.3 were at Shelby State. Hence, the other SBR's three universities and 9 community colleges had a total of only 19.3 FTE black faculty (SBR 1974 Response at 38-56). In the UT System 33 A12 there were 34.3 FT2 black faculty or 5.57% of the total. This represented an increase of 4.2 FTE over 1971-72 figures? FT2 white faculty increased by 115 (UT 1974 Response at 8). 120. No figures appear to be available on black presence at the administrative level in non-TSU institutions during 1972-73 (Progress Report at 142; SBR 1974 Report at 38; UT 1974 Response at 8). 121. No figures appear to be available on black presence on the administrative boards for 1972-73 (Progress Report at 144). 122. On February 14, 1974, defendants submitted a progress report on the implementation of the seven-step proposal submitted to the Court on July 31, 1972. That report indicated as follows: a. Employment of white faculty to fill all vacancies filled by whites; 1) Fall, 1972- 15 of 27 full-time vacancies filled by whites; 2) Fall, 1973- 19 of 37 full-time vacancies filled by whites; 3) Fall, 1973- 35.8% white faculty at TSU; 2.1% black faculty at predominantlywhite institutions. _____ b. Faculty exchanges between TSU on the one hand, and other Middle Tennessee institutions, on the other: 1) 20-25 exchanges proposed in July, 1972; 2) 18 exchanges during fall, 1972 for which TSU paid total expense out of federal funds; 3) No exchanges in 1973-74 because TSU received less federal funding for such purposes; 4) Prospects for 1974-75 were not good. c. Ten new non-black faculty at TSU: 1) Eight white faculty employed in fall, 1972 with TSU federal funds; 2) Five new and two continuing in fall, 1973 paid with TSU federal funds. 34 A13 3) No exchanges in 1973-74 because TSU received less federal funding for such purposes; 4) Prospects for 1974-75 were not good. d. Implementation of financial aid program to increase TSU non-black enrollments; 1) $65,194 awarded to 67 white students in fall, 1972; 2) $68,790 awarded to 95 white students in fall, 1973. e. Recruitment efforts to attract whites; 1) Increase in percentage of white enrolled from 2.3 to 6.9 between 1971 and 1973; 2) Increase in non-black freshmen percentage from 1.2 to 7.1 between 1971 and 1973. f. Improving physical appearance of TSU campus; landscaping and paving projects underway. g. Moving of UT School of Social Work to TSUcampus; 1) Classes held at TSU in fall, 1972; 2) Completion of move by March, 1974. 123. The February, 1974 progress report gave details on the following "other developments directly involving TSU": — ----- . a..— »UTN—TSU Joint General Engineering Program 1) Two-year trial period ended June, 1973; 2) Success was limited. b. TSU and MTSU Joint Masters' Degree Program in Business Education 1) Started in fall, 1972; 2) More than 20 students enrolled in fall, 1973. c. UTN-TSU joint responsibility for upper division and graduate educational centers planned for 1) Volunteer State Community College; 2) Columbia State Community College. 35 I A14 1-24. During the 1973-74 academic year there were 8,033 black students in non-TSU public institutions or 7.1% of total enroll ment. This represented an increase of 1396 over 1972-73 black enrollment. In the Regents universities, exclusive of TSU, there were 3,446 black students or 6.8% of total enrollment. In these institutions, black enrollment increased by 77 over 1972-73 figures. Memphis State University accounted for about 65% of the total non-TSU Regents university black enrollment (2,265 out of 3,446). In the community colleges, there 2,387 black students or 16.0% of total enrollments. Black enrollment in community colleges increased by 950 students between 1972-73 and 1973-74. 736 stud.ents out of this 950 increase were enrolled at Shelby State Community College. In the UT System, black enrollment was 2,200 or 5.1% of the total figures, an increase of 369 students from 1972-73. Tennessee State's black enrollment was 93.1% (Progress Report at 134).* 125. During 1973-74, there were 305.1 FTE black faculty out of 5,878.4. This represented an increase of 9.7 FTE black faculty over 1972-73 figures. The increase in FTE white faculty was 391.9. In the Regents institutions, there were 267.1 FTE black faculty or 8.14%, an increase of 1 FTE over 1972-73 but a percentage decrease of .36%. FTE white faculty increased 150.2. In non-TSU Regents institutions there were 68.9 FTE black faculty; 21.9 of this number were at Memphis State and 19.5 were at Shelby State Community College. None of the other Regents The 1971, 1972 and 1973 black enrollment figures for East Tennessee State, Memphis State, Columbia, Jackson, Shelby and Walters Community Colleges, University of Tennessee at Knoxville, Martin and Nashville include some enrolees who did not" designate race. Moreover, figures for 1971 on black enrollments at Memphis State and University of Tennessee at Knoxville do not contain Joint University Center students; the 1973 figures for these two institutions do count JUC students. The fact that enrollment figures for these years are consequently inaccurate in part is made clear in the February, 1974 Progress Report, Table I, but not in the February, 1976 Progress Report at 134. 36 institutions had more than 6 FTE black faculty. In the University of Tennessee system, there were 48.6 FTE black faculty or 5.37% of the total. This constituted an increase of 14.3 FTE black faculty over 1972-73 figures but a percentage decrease of .20%. FTE white faculty increased by 178.7 (UT Response at 38-56). 126. In 1973-74, there were 51 black administrators in non-TSU institutions or 3.9% of the total. There were 8 in the Regents universities, excluding TSU, or 2.0% and 6 at the commu nity level or 4.7%. The University of Tennessee system had 37 black administrators or 4.7% of the total (Progress Report at 142).* 127. During 1973-74 there were 2 blacks on the staffs of the governing boards; all were hired by the University of Tennessee. These two constituted 1.3% of UT total administrative staff and 1.2% of staff totals for all boards (Progress Report at 144). 128. In April, 1974, the defendants State Board of Regents and the Tennessee Higher Education Commission filed an "Interim Plan" with the Court. In a joint introductory statement these defendants pointed out that: a. Additional steps to increase white enrollment in the fall of 1974 at TSU and black enrollment at UT Nashville could not be agreed upon by the two boards governing these institutions; b. No steps had been taken to implement July,1972 THEC suggestions for exclusive program allo cations between UTN and TSU because of dis agreement with such an approach by the two institutions. c. SBR and THEC believed that allocation of Al5 The fact that Regents institutions showed only 14 black administrators, excluding TSU, out of a total of 536 while UT institutions showed 37 out of 783 may be explained by SBR's in cluding of only four types of functions in the administrative, category (Progress Report at 162)while UT includes thirty-thrle jobs in the same category (Progress Report at 168). - 37 - A16 programs among Nashville area institutions was a necessary step to continue the in crease of white enrollment at TSU (PI. Int.Ex. #28). 129. In its submission to the Court in April, the State Board of Regents indicated as follows: a. Responsibility for affirmative action and equal employment program development left with presidents of constituent institutions; b. Student credit enrollment projections for 1974-75: 1) Increase in black enrollments in universities, exclusive of TSU, of 504 students; 2) Increase in white enrollment at TSU of 25; 3) Increase in black enrollments in community colleges of 311, 150 at Shelby State. c. Student non-credit enrollment projections for 1974-75: 1) Increase in black enrollments in universities, exclusing TSU, of 294; •2) Increase in white enrollments at TSU of 210; 3) Increase in black enrollments at community colleges of 154. d. Faculty Hiring Projections for 1974-75: 1) Hire blacks to 11 of the 56'faculty vacancies in universities exclusive of TSU; 2) Hire whites to 4 of the nine faculty vacancies at TSU; 3) Hire whites to 24 of the 48 faculty vacancies in community colleges, including 12 out of 24 vacancies at Shelby State. e. Financial aid for whites at TSU: 1) 1972-73 - $74,750 for 100 students 2) 1973-74 - 73,565 for 102 3) 1974-75 - 97,000 projected for 125 students; 4) Further current expansion of program not lifely under funding procedures. f. Off-Campus Programs of TSU: 1) Courses begun at Columbia State and Volunteer State in fall, 1972 a’.id spring, 1973 respectively; 2) No courses given at either center in fall, 1973; 38 A17 3) Future enrollments and racial impact of program difficult to predict. g. Eagle University Program of TSU 1) Majority black since its inception 2) Projected to be 87% black for 1974-75.* h. Exclusive Programs Recommendation: 1) Transfer of whole professional fields available in Metropolitan Area to TSU such as engineering, business or education; 2) Evening courses by TSU in these fields on the UTN campus {PI. Int. Ex. #28). The THEC interim plan contained the following elements a. S3R goals for 1974 white student enrollmentat TSU set too low because: 1) No change in program anticipated 2) Off-campus courses will not produce much net white enrollment gain; 3) TSU financial condition makes difficult increase in white scholarship funds, even though additional $300,000 appro priated for 1974-75 above basic formula, or in white faculty. b. Exclusive program assignment to TSU needed to: 1) Limit competition from Middle Tennessee State for white Davidson County students; 2) Attract growing number of part-time commuting, adult white students drawn to UTN. c. Possible Exclusive Assignments to TSU: 1) Graduate Education - maximum desegregation effect; offered at UTN under UTK auspices; 2) Undergraduate Education - substantial desegregation effect; 3) • Undergraduate Engineering (transfer ofjoing UTN—TSU program to TSU) - less ........impact on desegregation than 1)' and 2) . %/ All the S3R projections were based upon trend analysis,i.e., on the,assumption that historical growth patterns would remain constant into the future (See Buchanan-Rhoda Deoosition. at 23). " 39 A18 .) - • d. Decision on which program to transfer in fall, 1974 should be left to governing boards. THEC's analysis of program duplication in Davidson County institutions revealed that UTN and TSU had similar undergraduate offerings in Business Administration, Engineering, Education, Nursing and Liberal Arts. Graduate program duplication existed in Education and Liberal Arts, given at UTN under UTX auspices. Graduate programs not available at TSU were given at UTN in Business Administration and Engineering (UTK) (PI. Int. Ex. #28) . 131. The University of Tennessee defendants filed a separate interim plan in April, 1974. That document made the following points: a. It was willing to enter into negotiations with the State Board of Regents concerning the designation of exclusive academic pro grams among public institutions of higher education in the Nashville commuting area; b. Before significant desegregation at Tennes see State could occur, the more fundamental issues of upgrading that institution's faculty, academic standards and public image must be dealt with; c. The merger of UTN and TSU was neither a de------- -----s±rabre",,-nor,'po,tentialiy effective method of •— •bringing about desegregation of Tennessee State University; d. THEC recommendations for exclusive program assignments have placed the entire burden of desegregation action on UTN. The University of Tennessee's Interim Plan for desegregation continued its commitment to increasing black presence at all levels from administrative staffs to student bodies. Its plan relied largely upon the individual efforts of its constituent institutions for the establishment and meeting of goals con sonant with this policy. Specifically the plan contained the following projections and data; 40 a. An increase of 568 black students over 1973-74 enrollments (PI. Xnt. Ex.#29 at 5); */ b. An increase of FTE black faculty of 30.9 over 1973-74 (PI. Int. #29 at 11); »*/ c. An increase of 20 blacks in the "officials and managers" category (PI. Xnt. #29 at 12-18); d. An increase of seven blacks in the "officials and managers" and "professional" categories on the UT Central Administration staff (PI. Int. #29 at 19). 132. The university of Tennessee defendants filed objections to the interim plant of SBR and THEC on or about April 10, 1974. Their response was as follows: a. Exclusive assignment of a UTN Program to TSU was not feasible or sound until TSU's academic standards and program quality are upgraded; b. The concept of exclusive program assignment was agreeable to them; c. UTN was achieving meaningful desegregation; d. Exclusive allocation of new programs be tween or among Middle Tennessee institutions was a promising way to promote further desegreation. 133. During 1972-73, the joint engineering program between UTN and TSU had the following results: 2/ Most of this increase, 456, was to occur at UTK since UTK figures included JUC enrollments, it is difficult to determine how much of the actual increase was to involve the Knoxville campus. Moreover, the projection for a black increase at University of Tennessee at Chattanooga was minimal assertedly because blacks eligible to attend UTC would enroll in Chattanooga Community College instead. The 456 student increase was later corrected to show only a 64 student increase at UTK (UT Long Range Plan, at 5). **/ Since this figure includes research associates and research assistants it is not passible to determine how many blacks in instructor and above ranks were employed in 1973-74 or projected to be employed in 1974-75. A20 a. Three required and three elective courses were offered; b . All three required courses and two of the elective courses were held on the TSU campus; c- ‘ A total of 31 white students from UTN enrolled in the three required courses; only 3 black TSU students enrolled in re quired courses, all in one course; d. Three white students from UTN and 17 blacks from TSU attended the elective courses at TSU; e. Twenty white students, 2 black students from UTN, and 5 black students from TSU attended the elective course at UTN; f. Six white students from UTN had taken cer tain classes at TSU and 11 black students had taken certain classes at UTN under auspices of joint program; g. All UTN undergraduate engineering students were enrolled in the joint program as follows; 1) In fall, 1972, there were 147 white under graduate engineering students at UTN; 2) In winter, 1973, there were 134 white undergraduate engineering students at UTN; 3) In spring, 1973, there were 131 white ---------- undergraduate engineering students at 1 UTN. h. As of May, 1973 no TSU student had enrolled in joint engineering program.H/ 134. The faculty exchange program for 1972-73 between UTN and TSU involved four white faculty from UTN teaching at TSU and four black faculty from TSU teaching at UTN. * _̂/ The foregoing analysis was derived from UTN's 1973 Answers to Government Interrogatory 6A and accompanying Tables 1-9, 1-10, 1-11 and 6-1. 42 A21 Updated answers by UTN in 1974 to the Government's 1973 Interrogatory #2 indicated that the faculty exchange program between UTN and TSU had been discontinued during 1973-74; "no change" was the response to Interrogatory 6A on the joint 1/engineering program. 135. In June, 1974, THEC submitted to the Court a document entitled "Further Plans for Terminating the Graduate Program In Education at the University of Tennessee at Nashville and \the Expansion of the Related Program at Tennessee State Uni versity." The anticipated expansion was with respect to TSU's pvening program. The Commission observed in this respect; For many years Tennessee State University has taught classes at night. . . There is considerable evidence that a large number of students desired to take evening courses at the University, but a variety of circumstances and situations mitigated against it. The expansion of TSU's evening program was to be accompanied by \ major revisions in its organizational structure and staffing patterns. 136. From the foregoing analysis of defendants' desegregation plans prior to July, 1974, the following patterns emerge: a. That significant increases of black student enrollments in non-TSU institutions occurred at Memphis State University and Shelby State Community College; increases elsewhere were negligible; b. That percentage increases in black student enrollment were determined largely by the enormous growth of black populations in the new community colleges; */ UTN's 1973 Answers to Government Interrogatory 2 and Table 2-1. 43 A22 c. That significant increases in FTE black faculty at non-TSU institutions occurred at Memphis State University and Shelby State Community College. Overall in creases of FTE black faculty were negligible. In fact, from a percentage stand point, there was a decrease of FTE black faculty in the Regents system during that period. There was, consequently, a net percentage decrease in FTE black faculty state-wide from 6.20% to 5.37 between 1969 and 1974; d. That the FTE while faculty totals increased by 1352.7; FTE black faculty increased 36.8; e. That there was zero to minimal representation of blacks in the administrative ranks of Tennessee institutions of higher education, other than TSU, and on the staff of the governing boards; f. That Tennessee State was made to carry the heaviest burden of any institution in the state with respect to achieving desegregation ; g. That desegregation programs involving TSU were funded out of its federal grants or general annual appropriations to the * , detriment of its program development.-' * I / In 1969 50% of TSU' s freshmen came from families with I annua 1 in come s below $5,000 (Plaint. Ex. #45, Aprils ,1969 ___Tetter from President Torrence to joint Education Committee) and in 1970, 55% of its student body had similar economic backgrounds, a figure not even closely approached by other state institutions (Response of A.P. Torrence to 1973 Gov. i Int. #2, May 21, 1973). Despite the relative absence of blacks at other institutions during this period, TSU was apparently expected to reduce its enrollment of economically disadvantaged black students to free more of its scarce resources for programmatic improvements attractive to whites,as the following quotation reflects: In view of the formal restraints that face all of higher education, I think that some hard choices will be necessary between those funds which will improve programs at Tennessee State which might lead to a larger white enrollment and the funds which are required to take care of students with learning problems and students with in adequate financial resources for college. (PI. Int. #46; June, 1971 letter from John K. Folgier (THEC) to President Torrence) 44 A23 h. That Tennessee State's growth as a major desegregated university was impeded by program duplication at UTN and Middle Tennessee State which tapped the traditional college student and working adult student markets TSU would otherwise serve;* i. That the faculty exchange program, the joint engineering program, the off-campus centers at Volunteer State and Columbia State and the Eagle University Consortium all were failures in terms of achieving meaningful desegregation at TSU; j. That TSU obtained no real benefit from having the University of Tennessee School of Social Work moved to its campus; k. That TSU was committed to improving its programmatic offerings and expanding its public service role in a fashion consonant with its status as a land grant institution. This conclusion with respect to the competition between TSU and UTN for non-traditional students was subsequently echoed in the testimony of Drs. Wayne Brown, Frederick Humphries, Alexander Astin and Albert Berrian. A24 E. Defendants' Desegregation Proposals Since July, 1974 137. On July 31, 1974, all defendants joined in the submission of a "Long Range Plan" for desegregation of higher education in Tennessee. The plan was submitted along with three other documents: a . b. c. University of Tennessee Long Range Plan; State University and Community College Plan; and Report of Consultant Panel (Def. Int. Ex. #10). 138. The document summarizing the "Long Range" plan contained' the following projections for increased black student enrollments in non-TSU public institutions of higher education over 1973-74 figures: a. An increase of 2,919 students state-wide by fall, 1975 and 8,220 by 1980; b. An increase in the community colleges of .1,128 by 1975 and of 3,357 by 1980; c. An increase in the Regents universities of 840 by 1975 and of 2,088 by 1980; d. An increase in the University of Tennessee system of 951 by 1975 and of 2,775 by 1980.(Long Range _Plan, IIA, at 6). 139. The "Long Range Plan" summary projected the following increases in ETE black faculty in non-TSU public institutions of higher education over 1973-74 figures: a. An increase of 71.9 state-wide by 1975 and of 291.5 by 1980; b. An increase in the community colleges of 19.7 by 1975 and of 84.7 by 1980; c. An increase in the Regents universities of 10.3 by 1975 and of 93.9 by 1980; d. An increase in the UT system of 41.9 by 1975 and of 112.9 by 1980. (Long Range Plan, IIB, at 3). 140. The "Long Range Plan" summary indicated the following definite curriculum assignment provisions for desegregation in the Nashville area: 46 A2 5 Arts and Science: 1) Undergraduate program at TSU; 2) Undergraduate program after 4 p.m. at UTN. Teacher Education: 1) Exclusive responsibility for graduate program given to TSU for minimum of five years; 2) Undergraduate teacher education at TSU primarily during the day except where necessary at night; 3) Undergraduate teacher education at UTN during evening. Business Administration: 1) Exclusive responsibility for business education (undergraduate and graduate) given to TSU; 2) Exclusive responsibility for daytime undergraduate business programs and evening offering where necessary; 3) Exclusive responsibility for Masters of Business Administration (M.B.A.) Program given to UTN as evening program; 4) Bachelor of Science degree in general business or accounting to UTN as evening program. Urban Affairs: 1) Urban and Public Affairs Center to be housed at UTN; 2) Center to be staffed by faculty from Middle Tennessee State, UTN and TSU; 3) Center programs to be conducted on all three campuses; 4) Joint baccalaureate in Urban Affairs - core courses at each campus, basic series at Center; 5) Joint masters degree in Public Adminis tration - courses given at Center; 6 6) Director of Center jointly appointed. - 47'- A26 e. Allied Health: 1) All allied health programs, except nursing, assigned exclusively to TSU. f. Nursing: 1) Associate of Arts degree programs given during daytime at TSU and UTN; 2) Exclusive responsibility for bacca laureate programs given to UTN. g. Home Economics: 1) Exclusive responsibility given to TSU. h. Fine Arts: 1) Programs during day at TSU; 2) Programs during evening at UTN. i. Engineering: 1) Exclusive responsibility for specialized baccalaureate engineering programs during day given to TSU; 2) Baccalaureate general engineering pro gram at UTN; 3) Continuation of TSU-UTN joint bacca laureate general engineering program for length of present agreement.(Long Range Plan, Part III, at 3-13)’. 141. The "Long Range Plan" summary indicated that a "continuing desegregation committee" with responsibility for monitoring the plan would be created. This committee would have the following composition: a. President and three members of UT Board of Trustees; b . Chancellor and three members of the StateBoard of Regents; c. Executive Director and three members of theState Board of Regents. (Long Range Plan, Part IV, at 1-2) 48 A27 142. The University of Tennessee System Plan made the follow ing projections for increased black student enrollments, faculty and administrative staff for 1975-76 and 1980-81 as compared to 1973-74 figures: a. Increased black student enrollments of 951 by 1975 and of 2345 to 3205 by 1980 */ (UT Plan at 5); b. An increase in FTE black faculty of 41.9 by 1975 and 112.9 by 1980 (UT Plan at 29) **/; c. An increase of blacks in the "officials and managers" category at constituent institutions by 22 in one year and by 38 in five years (UT Plan, at 30, 32-40); d. An increase of blacks in the "officials and managers" category at the UT Central Administration by 3 in one year and by nine in five years (UT Plan at 31). 143. The UT Long Range Plan also made the following additional commitments: a. Not to approve any new academic program department, other academic division or off-campus center which had an adverse impact upon desegregation (Plan, at 3); and b. Special recruitment programs to attract black students (Plan, at 4); *’/ The black student projections for UTK include 1/2 of the Memphis Joint University Center enrollment. Projections for UTN are based upon possible cooperative programs with TSU.These UTN figures account for 505 students in the total UT projections for 1975 and between 1,045 and 1,365 of the 2,345 to 3,205 total increase in 1980. Moreover, the 1975 projections represented only 670 black students over the 1974 projections, as corrected (PI. Int. Ex. #29 at 5). **/ The UT Long Range Plan indicates that the FTE black faculty projections are explained by the - affirmative action plans of the constituent institutions. The figures in the Long Range Plan and the affirmative action plans are consistently different, e.g., the UTK affirmative action plan lists 23 black 'professionals" (a category comprised of professors, associate professors, assistant professors, instructors and other pro fessionals) employed as of January, 1974 and a target of 10 additional by April 1, 1975 (UT Interim Plan at 217) while the Long Range Plan lists 24.1 FTE black faculty as of fall, 1973 and a goal of 22.9 additional by fall, 1975 for UTK (at 29). - 49 - A28 c. Use of Faculty Development Grants to recruit and assist the professional advancement of blacks (Plan, at 42 and 74-76). 144. The State Board of Regents Long Range Plan contained the following projections for increased black student enrollments, faculty and administrative staff at non-TSU institutions for 1975-76 and 1980-81 as compared to 1973-74 figures: a. An increase in the Regents universities of 840 black students by 1975 and of 2091 by 1980 (MSU would contribute 555 students to the 1975 total and 1,133 to the 1980 total) (Plan, Table 4); b. An increase in the community colleges of 1,128 black students by 1975 and 3,359 by 1980 (Shelby State would contribute 694 black students to the 1975 total and 2,204 to the 1980 total) (Plan, Table 4); c. An increase in FTE black faculty in the Regents universities of 10.3 by 1975 and 93.9 by 1980 (MSU would contribute 3.9 to the 1975 total and 30.8 to the 1980 total) (Plan, Table 1); d. An increase in FTE black faculty in the community colleges of 20.7 by 1975 and 83.7 by 1980 (Shelby State would con tribute 9.4 to the 1975 total and 35.8 to the 1980 total) (Plan, Table 1); e. An increase in black administrative per sonnel in the Regents universities of 5 by 1975 and of 19 by 1980 (Plan, Table 2); f. An increase in black administrative per sonnel in the community colleges of 13 by 1975 and of 54 by 1980 (Shelby State would contribute 4 blacks to the 1975 total and 20 to the 1980 total) (Plan,Table 2). ^/ 145. Under the State Board of Regents Plan the status of desegregation at TSU would be as follows: jj/ The SBR Long Range Plan noted that its studies had dis covered an "underutilization of minority membership on the State Board of Regents staff at the administrative level" (Plan, at 4) and'"an underutilization of ’other race’ in the employment of faculty, administrators and staff" (Plan, at 5). 50 A2 9 a. Student body - 90% black in 1975 and 81.6% black in 1980; (Plan, Table 4); b. Faculty - 70.2% black in 1975 and 64.2% black in 1980 (Plan, Table 1); c. Administration - 91.7% black in 1975 and 82.5% black in 1980 (Plan, Tables 1, 2 and 4). 146. The State Board of Regents Plan acknowledged the impor tance of then existing admissions, recruitment, retention, remediation and financial aid programs to increased black student enrollments (Plan, at 9-13). It acknowledged the equal impor tance of recruitment, training and promotion and grant-in-aid policies to increasing black faculty and staff (Plan, at 6-7). 147. The State Board of Regents bong Range Plan contained a commitment to conduct studies to determine the impact upon desegregation of any new academic programs, facilities on exist ing campuses or institutions (Plan, at 17). 148. The State Board of Regents Long Range Plan proposed the creation of an ad_ hoc committee comprised of representatives from the three governing boards to monitor the implementation and effectiveness of the desegregation plan (Plan, at 18). The University of Tennessee Long Range Plan envisioned self-monitoring of desegregation goals and timetables (UT Plan at 25 and 47). 149. The Consultant Panel (a four-member body of outside educators retained by the defendants) submitted a Report which contained the following suggestions and recommendations: a. A list of criteria for achieving higher education desegregation established by the United States Department of Health, Education and Welfare, which included, inter alia: 51 A30 1) Definition of the costs involved and the sources of the financial support for desegregation proposals; and 2) Commitment to the concept of "impact studies" to determine the consequences to desegregation of policy and programs changes (Report, at 1-4). Elements of state desegregation plans accepted by HEW in June, 1974 with respect to: 1) Recruitment and retention of "other race students; 2) Recruitment and retention of "other race administrators and faculty; 3) Modifications in institutional curricular responsibilities; 4) Impact studies; 5) "Other race" membership on boards and commissions; 6) Financial support; and 7) Monitoring procedures (Report, at 8-11). • Exclusive program assignments to TSU and UTN - essentially those arrangements incorporated by the governing boards into the Long Range Plan involving Teacher Education, Business Administration, Public Administration, Urban Affairs, Allied Health, “-Nursing, Home Economics, Fine Arts and Engineering (See Proposed Finding #140, supra). The following observation with respect to merger of UTN and TSU: . . . [M]erger of institutions in and of itself may not resolve any of the basic problems. An action to merge predominantly black and white institutions in the same vicinity, or even far apart, still leaves unre solved the problem of diversification of the racial composition of each campus. The chief result of a merger is the identification of a single body responsible for the solving of these problems, but the problems still remain (Report, at 4) . 52 A31 150. The Long Range Plan was developed by an Ad Hoc Committee comprised of representatives from the three governing boards with the assistance of the staffs of their boards and of a four person consultant panel. Three members of the Ad Hoc Committee testified in depositions to the following facts about the development of the Long-Range Plan: a. Involvement of Consultant Panel in establishing State-Wide Desegregation Goals: 1) Consultants saw the projections and gave them their imprimatur (ArmstrongDeposition, 75); 2) The projections went directly to the Ad Hoc Committee (Martin Deposition,25); 3) Consultants were very familiar with the projections (Furrow Deposition, 14). b. Extent to which potential merger of UTN and TSU was discussed by Ad Hoc Committee and theConsultants: 1) Matter was discussed with consultants at first meeting of Ad Hoc Committee and they advised against merger (Armstrong Dep., 87-95); 2) Matter was not discussed with consultants at first meeting (Furrow Dep., 8-9). c. Reasons for opposing merger: 1) Fear of chaos and white flight (Armstrong Dep., 34); 2) Impossible to get agreement of two governing boards (Martin Dep., 17); 3) Not certain it would work (Furrow Deo., at 36). d. Whether studies done on impact of course assignments in Nashville area upon desegregation: 1) No such studies done with respect to graduate Teacher Education, Urban Affairs, Allied Health, Home Economics, or Fine Arts (Armstrong Dep., 42,56,63-65,69-70 and 71 respectively); 2) No knowledge of how plan would attract whites to TSU (Martin Dep., 17); 3 3) Did not look into whether programs assigned to TSU in past had produced desegregation (Furrow Dep., 27-29). 53 A32 e. Maintenance of Nursing Programs at both TSU and UTN was approved even though Committee made no study of whether TSU had capacity to handle entire enrollment and no consideration was given to such an alternative.(Armstrong Dep.,65-69; Furrow Dep.,35-36, 47-49). f. Committee's recommendations for exclusive course assignments did not alter the status quo very much (Armstrong Dep., 45-46;Furrow Dep., 25-26). g. The projections for increased black student enrollments, faculty and staff were prepared by individual campuses and approved, without question, by the Ad Hoc Committee (Armstrong Dep., 74-74; Martin Deo.,23); Furrow Dep.,18-24). hi Committee did not see its function to include recommendations on budgeting to achieve proposals in Long Rnage Plan (Armstront Deo.,16-62, 70). 157. The consultants who worked on the Long Range Plan made the following observations in deposition testimony on their involvement; a. Recommendations for program assignments essentially maintained the status quo (French deposition, 87-98; Godard Deposition, 69-74; Jackson Deposition, 108, 131-132); b. Discussion of merger with Ad Hoc Committee: 1) Not discussed at first meeting (French Dep., 4 7 ) _________________ c. Reasons why merger of UTN and TSU not recommended: 1) Better to try to improve current situa tion involving two institutions than to make changes in this arrangement even though greater desegregation might result from merger (French Dep., 97); * 2) Merger might damage TSU in terms of signifi cant black administrative presence (Goddard Dep., 108-111); 3) TSU would "get the worst of the deal" (Jackson Dep., at 89); but no intensive consideration given to this alternative (Id., 112-113). d. Panel was not involved in setting of the numerical goals for student and faculty desegregation and does not know how they were arrived at (French Dep., 137-146; Jackson Dep., 138). 54 A33 e. Recommendation that Nursing Programs be continued at both UTN and TSU based upon view that TSU program was inferior (Godard Dep,, 73-75; Jackson Dep. 128); f. Plan was inadequate because of its; 1) Lack of real commitments of money to achieve greater desegregation (Godard Dep., 38-4; Jackson Dep. 134-138, 141); 2) Failure to address the issue of minority representation on governing boards (French Dep. 60-61; Godard Dept, at 30-33; Jackson Dep. 35-37); 3) Lack of firm commitments to expand program offerings at TSU (Godard Dep.,81-88); 4) Failure to address meaningfully the issue of program duplication (Godard Dep., 91). 152. Administrative staff members of the State Board of Regents charged with preparing projections for inclusion in the Long Range Plan testified as follows: a. "Trend analysis" was the primary approach used to arrive at projections for black student enrollments at institutions based upon past enrollment trends and THEC pro jections; information from individual campuses played a minor role in this process (Rhoda- Buchanan Dep., 21-27, 52-54); b. No efforts were made to determine projections for graduate school and professional school black enrollments separate from those for undergraduate enrollments (Id., 64-65); c. Projections for white enrollments at TSU included a number of off-campus programs such as at Eagle University, Volunteer State and Columbia State (Id., 74-78); d. 1980-81 projections for TSU were prepared prior to inclusion of consultants' suggestions into Nashville section of Long Range Plan and not changed thereafter (Id., 97); e. Trend line analysis was used primarily to arrive at projections for black faculty with some "educated guesses" by each insti tution of what could be accomplished (Id.,132-133, 169-170); and f. Trend analysis was used primarily to arrive at projections for black administrative staffs; affirmative action plans were not considered as such (Id., 178-179). 55 A34 153. A member of the University of Tennessee administrative staff charged with .preparing projections testified as follows: a. Black enrollment goals were set basically by each constituent campus (Prados Dep. 29) based upon overall retention figures, irres pective of race, with an "intuition factor" added on (Prados Dep. 29-32); b. Black enrollment goals for campuses other than Chattanooga contained projected results of special programs above current practices (Id., 33-40) c. UT had no studies on black retention available to it in arriving at projections for black enrollments (Id., 45-46); d. UT did not have demographic data sufficiently available for it to project on a rational basis the number of black faculty in various academic areas; reliance placed primarily upon institutional recommendations and faculty- student ratio projections (Id., 92-94); no black faculty pools were identified (Id., 104-105); e. The "officials and managers" EEO category includes persons in jobs that are not truly- administrative (Id., 104-110); f. The faculty development grant program would be funded out of individual campus budgets and did not represent any substantive change in current policy (Id., 111-113); and g. The UT Board approved the creation of a School of Veterinary Medicine for the Knoxville Campus without determining the impact of that decision upon desegregation (Id.,18-20). 154. From the foregoing analysis the following conclusions about the defendants' Long Range Plan seem warranted: • a. It was a "bare outline" of a desegregation plan which needed to have "meat put on its bones" (Godard Dep.,119); b. Development of the statewide portion of the plan did not involve the consultant panel in any meaningful way; c. The consultant panel's contribution to development of the Nashville portion of the plan was largely one of affirming the status quo; d. The panel’s affirmation of the status quo was not based upon any studies of the desegraga- tion_impact of maintaining pre-existing program assignment arrangements; 56 A3 5 e. The panel conducted no study to determine whether merger of UTN and TSU was feasible because of its perception that the matter was controversial and complex; f. The statewide projections, including those for the Nashville area, for black increases were highly conservative in the sense that they relied primarily upon past trends and did not involve analyses of important demographic data; g. The statewide projections, including those for the Nashville area, for black faculty increases were similarly conservative and lacking in credible supportive data; h. The statewide projections, including these for the Nashville area, for black adminis trative increases were purely speculative; i. All projections for increased black presence in higher education were based upon conflicting, highly speculative and deceptive assumptions; j. Projections for increased black faculty and staff were developed not for purposes of removing the vestiges of the dual system as required by this court but to respond to HEW requirements for affirmative action pro- • grams in higher education generally, irrespective of whether racial discrimination under state law had existed. k. Programs assertedly designed to increase black student and faculty presence were to receive no special funding from the govern- * l. — ——— ing—boards-to ensure their effectiveness; l. The plan contained no real financial commit ment to upgrading and enhancing the attractiveness of programs assigned to TSU; m. Most of the non-*TSU black student increases in the Regents system were projected to occur at Memphis State University and Shelby State Community College; n. Most of the black student increase in the UT system was projected to occur at UTN; o. Most of the black faculty increases were projected to occur at the Regents institutions where Memphis State and Shelby State would have the greatest numerical increases; p. The plan was not one but several, one for each individual institution; the implementation and monitoring of each plan would be left essentially to the respective institution; q. Increased involvement of blacks in governance 57 — ■ J -w ’ A3 6 was not addressed at all; r. The University of Tennessee, despite its avowed commitment to consider the impact of any new programs upon desegregation, moved forward with the establishment of a new School of Veterinary Medicine at Knoxville and obtained THEC approval for a Bachelors Degree in Nursing on July 26, 1974, five days before the Long Range Plan was submitted to this Court and one day after the plan was approved by the governing boards (Def. Ex. #26, at 3), without conducting such impact studies. s. The Ad Hoc Committee played only a ceremonial role in the development of the Long Range Plan, exercising no meaningful policy-making or evaluative function. F. Implementation of the Long Range Plan On or about August 1974, the defendants filed a report to the Court with respect to the transfer of the graduate teacher education program from UTN to TSU. The report indicated that: a. A transfer of $252,000 in state appropriations had been made from UTN's budget to TSU's for purposes of funding the program; b. All offerings in graduate education available previously at UTN (UTK auspices) would be transferred to TSU and at least eight additional offerings would be made available at TSU also; c. Cooperative arrangement established for the Specialist in Education Degree Programs (Ed.S.) involving Austin Peay, Middle Tennessee and TSU; TSU given exclusive responsibility for program in Davidson County; d. No success in hiring UTN faculty to teach in TSU’s graduate education program. 156. in December, 1974, President Frederick Humphries of TSU submitted to the State Board of Regents a position paper on implementation of the July, 1974 Long Range Plan. His paper made the following points; a. That an adversary relationship existed between UTN and TSU; b. That the plan was viewed by TSU as a curtail ment of its land-grant status and its parity 58 as a peer in the State Board of Regents University System; c. That serious questions existed as to the ability or inclination of the Executive Director of THEC and counsel for defend ants to represent adequately the interests of SBR and TSU (PI. Int. Ex. #13, Humphries Testimony). 157. On February 21, 1975, the SBR representative on the Ad Hoc Committee took the following position on implementation of the Long-Range Plan: After a lengthy discussion, the Committee concluded that the best interest of Higher Education in this area and of Tennessee State University will be served by strengthening the present plan. In rework ing the plan, the Committee and staffs will operate under the overall principle that Tennessee State University maintain its present relative position of greater enrollment, larger faculty, greater physical facilities and more complex programs for the future in Higher Education in relationship to U.T. Nashville (PI. Int. Ex. #10? Humphries Testimony; Def. Ex. #51; Nicks Testimony). 153. On March 7, 1975, President Humphries set out for the Chancellor and Vice-Chancellor of the State Board of Regents his views on how TSU's interests and aspirations could be protected and meaningful desegregation achieved under a two-school (non merger) approach. His suggestions were: - --- a. That Tennessee State be given responsibility for exclusive operation of all day-time under graduate and professional programs offered by public institutions in Nashville. This would require the following changes: 1) Assigning MBA program from UTN to TSU; 2) Assigning the daytime nursing program from UTN to TSU; 3) Locating the Center for Public Administration and Urban Affairs at TSU? 4) Transferring the UTK's School of Social Work to TSU control; and b. That students at UTN not be allowed to take in excess of nine quarter hours (Pi. Int. #12; Humphries Testimony). A3 8 159. On April 2, 1975, President Humphries charged, in a memo randum to SBR Ad Hoc Committee members, the Chancellor and Vice- Chancellor, that there "had been no recognition of the principle or the implication of the principle" of TSU dominance in Nash ville SBR meetings. In an April 8, 1975 memorandum to Humphries, SBR Chancellor Roy S. Nicks denied these allegations (Def. Ex. #50; Nicks Testimony; Humphries Testimony). 160. On April 2, 1975, Chancellor Nicks and UT President Boling directed TSU President Humphries and UTN Chancellor Charles Smith to proceed with steps to implement the Nashville portion of the July, 1974 Long Range Plan. The following guidelines were given to the UTN and TSU chief executives in carrying out this mandate: a. Starting in September, 1975 - the maximum credit hours available to UTN students per quarter would be twelve (12) for undergrad uates and nine (9) for graduate students; the Associate Nursing Program and undergraduate teacher education would be exempted in order to comply with state regulations; b. No new graduate programs would be initiatedat UTN for two years; the Monitoring Committee would have to approve any new programs thereafter; c. No new daytime academic credit programs at UTN; and d. AS in Nursing.during the daytime at UTN to continue until 1) Demand declined and 2) TSU began producing a satisfactory number of graduates able to pass State Board of Nursing examinations (PI.Int. #9; Humphries Testimony). 161. on May 8, 1975, President Humphries forwarded to Chancellor Nicks reports of joint UTN-TSU committees appointed to devise mechanism for further desegregation in Nashville. His cover letter contained the following observations with respect to the committee1s efforts: - 60 - A39 a. The work of the committees was complicated bv the fact that: 1) TSU operates on a semester system; UTN has a quarter system; 2) UTK and MTSU offer programs in the Nashville area; 3) TSU offers all the public graduate programs in area, with the exception of the MBA program given by UTN. ' The TSU graduate programs are offered during the evening. b. Very little was recommended that would provide desegregation of the student bodies of the two institutions; c. UTN representatives consistently made recommen dations that would avoid developing the strength of TSU. d. UTN representatives rejected several TSU suggest ions that would have produced meaningful desegregation: 1) Cooperative program in teacher education wherein UTN students could transfer to TSU for the taking of courses not offered at UTN necessary to complete the degree; 2) Truly joint program in general engineering involving 50-50 TSU-UTN division of course offerings and faculty and granting of joint degree; 3) Location of all graduate programs in engineering at TSU; 4) Joint offering of a baccalaureate program in nursing education during evening; 5) A Masters in Public Administration and Urban Affairs between UTN and TSU in which UTK would play no role (PI. Int. Ex. #9 and attached appendices reflecting work of joint committees). 162. On May 20, 1975, the defendants filed a progress report on desegregation. The report indicated the following changes in black presence in fall, 1974 over 1973-74 figures:- a. A black student increase in non-TSU institutions of 2,091; b. A black student increase in the non-TSU Regents universities of 849 of which 700 were at Memphis State; c. A black student increase in the Community colleges of 884 ( 573 at Shelby State); 61 A40 d. A black student increase in the UT system of 358 (Table I); e. A black full-time/regular part-time faculty increase in non-TSU institutions of 34;* f. A black faculty increase in the non-TSU Regents universities of 7 (5 at MSU); g. A black faculty increase in the community colleges of 7 (6 at Shelby State); h. A black faculty increase in the UT system of 203 (Table III); i. A black administrative personnel increase in non-TSU institutions of 20; j. A black administrative personnel increase at the non-TSU Regents universities of 6 (3 at MSU); k. A black administrative personnel increase in the community colleges of 6 (5 at Shelby State); l. A black administrative personnel increasein the UT system of 8 (Table TV and Table V); m. A decrease in black faculty at TSU of 19 (Table III); n. No increase in black presence on the adminis trative staffs of the governing boards . - two in 1973, two in 1974: none at SBR, one at UT (down from 2) and one at THEC (Table VI). j*/ In this report, defendants reported statistics on black faculty using the "full time and regular part-time" approach. In prior reports, figures were given for FTE (full-time equivalent)'faculty, The distinction in these approaches can be seen by comparing fall 1973 FTE figures and full-time regular part-time figures for the same period. The FTE total in non-TSU institutions was 121.4 (Long Range Plan); the total using the other approach is 137. The second method produces a higher total black presence. In fact, on May 28, 1975, TSU President Humphries wrote Chancellor Nicks about this change in reporting faculty data. He remarked: The resulting consequences of the new reporting is that blacks who are shifted from part-time to regular part-time count much more on a statistical basis then their involvement and benefits to the system. It conceals what may be important to the desegregation issue- the impact of blacks upon the system (PI. Int. #47 at 2). - 62 A41 163. The May, 1975 report indicated that TSU had an 87% black student body, a 70% black faculty and a 78% black administrative staff. 164. In May, 1975 the UTN figures for students, faculty and administration were 90.8%, '94.1% and 97.9% white respectively. 165. The report mentioned that transfer of the graduate teacher education program from UTN to TSU in fall 1974 increased white enrollments in that program from 48 to 191 (Report, at 7). 166. The May, 1975 report justifies the following conclusions about the status of desegregation: a. Black student increases in non-TSU institutions occurred largely in the Regents system with Memphis State and Shelby State accounting for most of the growth; b. Black faculty increases in non-TSU Regents institutions largely at Memphis State and Shelby State; total increase negligible; significance of increase clouded by use of "full-time/regular part-time" approach; c. Negligible increase in black administrators; d. No change in negligible black presence on central administrative staffs; e. TSU remained largely black, UTN remained overwhelmingly white. 167. On July 21, 1975, the Tennessee Higher Education Commission reaffirmed its commitment to the Long Range Plan and urged that it be implemented (Def. Ex. #22; Wayne Brown Testimony). 168. On October 2, 1975, the defendants voted to implement the •Long Range Plan. A Monitoring Committee was named to analyze the current status of desegregation and report to the Court on ways in which the plan could be strengthened (Brown Affidavit, November 17, 1975). 169. On December 19, 1975, the Monitoring Committee met and decided on what steps would be necessary to update the Long Range 63 A42 Plan and to file a progress report with the Court by February, 1976. The Committee identified as one of its tasks to: Strengthen the plan on a statewide basis in a manner that would cause the least possible damage to the higher education public, dis rupting the systems and communities as little as possible and considering such elements as "exclusive" and "cooperative" programs. Drs. Brown (THEC), Boling (UT) and Nicks (S3R) were given the responsibility for formulating the progress report to be filed in February, 1976 (Def.. Ex. #12 - December, 1975 Meeting). 170. The February Progress Report was approved by the Monitor ing Committee on February 9, 1976 (Def. Ex. #12 - February, 1975 Meeting). 171. The February Progress report (Def. Ex. #11) indicated the following changes in black presence as compared to 1974-75 figures: a. An increase in black student enrollments in non-TSU institutions of 2,227; b. An increase in black student enrollments in non-TSU Regents universities of 551 (347 at Memphis State); c. An increase in black student enrollments in community colleges of 1141 (735 at Shelby State); d. An increase in black student enrollments in the UT system of 535 (the increase at UTN almost equalled that at UTK: 169 vs. 172)(Progress Report, at 134); e. An increase in black faculty at non-TSU institutions of 28; f. An increase in black faculty at non-TSU Regents universities of 5 (5 at MSU; increase at Tennessee Tech of 2 cancelled out by reductions of one each at East Tennessee and Middle Tennessee); g. An increase of 18 black faculty in the community colleges (10 at Shelby State); h. An increase of five black faculty in the UT system (Progress Report, at 140); 64 A43 k. An i Clons of 16; ” i- -• the7 S ^ " in m. n. increas She 6 COIn®unjShelby state); S ' v g ) ? * * ' ° ^ C( r e S ^ ^ o i TSU at the^tall36 °f 3 i=lack adn • ^ The Report in,-?-.- a M - 7 r i r ei \ t i T chan5aa * —“»iv«:sity OJ TeMease= *tS 1974-7S, n? Graduate - ,■ n 3> £ £ i S Chr ” < " " 96 « “ to 454) 9 , , J T r ^ - s u ? - - .b. — r ; at 1641) to*.— (»°n-TSO,1) Graduate _ . ™-TStr, 2) Law — increase o-® n* °f « • H«PC4t at (-°r°gre“ Report at173 * Bot& the state r (Progresi nestate Board of s ReP°rt at — . establiated i ^ a . « “ » — r«ity of ~ Mac* ptss„ „ ; ^ 5M 1 a for ^ 5« » * * esse„tlally U J « - » goal, r r C « the areaer, r JeCti°”a ‘“ *d “P°” « ~ - tltUiM- for ‘ rerv.d hv „ c T“ "«e., u „ sc!;o ^ S«te a„d 0*,, „ Used tote? ased upon sta ̂ , 7 £ u o „ ;:;: *7 — - w 7 7 7 — « « * rogress Keport. ,t 16.17> °W The state Board of p. "equal access" -- ITents projected the ach*s goals for st„a ̂ achieving of nistration at if • • Udent enrollffleata . * °" s institut ions by t h e V T ' *“* adrai-e folIowing dafces; - 65 - A44 Students Facultv Administration Austin Peay 1975 1989 1981East Tennessee 1985 1987 1980Memphis State 1999 1989 1985Middle Tennessee 1985 1989 1985Tennessee State 1985 1989 1985Tennessee Tech. 1993 1989 1985Chattanooga State 1985 1989 1985Cleveland State 1985 1989 1985Columbia State 1983 1989 1985Dyersburg State 1993 1989 1983Jackson State 1985 1989 1985Motlow State 1979 1989 1985Roane State 1985 1989 1985Shelby State 1993 1989 1985Volunteer State 1993 1987 1985Walters State 1991 1989 1983 No system-wide, equal-access goals are given (Progress Report, at 146-47; 156-57). 175. The State Board of Regents projections for 1980-81 antici pated the following changes in black presence compared to 1975-76 figures: a. An increase in black student enrollments at non-TSU Regents universities of 2,045 (1262 at Memphis State); b. An increase in black student enrollments at the community colleges of 3193 (1057 at Shelby State) (Progress Report, at 148); c. An increase in the black law student enroll ment of 34 (out of 641)(Progress Report, at 151); d. An increase in the black faculty of 42 in the non-TSU universities (9 at Memphis State); e. An increase in the black faculty at the com munity colleges of 31 (15 at Shelby State)(Progress Report, at 158); f. An increase in black administrators at non- TSU universities of 4; g. An increase in black administrators in the community colleges of 2 (Progress Report, at 159). 76. The University of Tennessee set the following dates for achieving its demographic goals for black student enrollment: 66 A45 Chattanooga - 1991Knoxville - 2002Martin - 1986Memphis - 1993Nashville - 1986UT Law - 2015UT Medicine - 1999 No total system-wide demographic goals were set nor were anv such institutional goals set with respect to faculty and adminis tration (Progress Report, at 164). 177. The progress report indicated that the proposals in the Long Range Plan for enhancing programs at TSU had not been implemented (Progress Report, at 39-42, 45-75).* 178. The progress report reasserts the commitment in the Long Range Plan for the performing of impact studies (Progress Report, at 89-92). 179. The following conclusions can be drawn from the progress report: a. The Regents system continued to account for most of the increased presence of black students, faculty and administrators in non-TSU institutions; ______ h_._^Memphis State and Shelby State.were-res— -----------ponsible for most of the increases in the Regents system; c. Regents projections envisioned that Memphis State and Shelby State would continue to account for most desegregation; d. The long-range projections were in large part reliant upon the trend line approach in which little consideration to what the defendants might and should do to increase black presence above that likely to occur naturally; e. Equal access for blacks in higher education in Tennessee is postponed in many institu tions for almost a quarter of a century; *[/ The report refers additionally to physical improvements being made at TSU. One development, approval of the Health, Physical Education Complex (Progress Report, at 80) was obtained by TSU with out defendants' help(PI. Xnt. Ex. # 30-32). 67 A46 f. Thera were two plans, not one, utilizing different projections assumptions and expectations; they were not coordinated very much at all; g. The Monitoring Committee had no power to develop a unitary plan, ignoring the existence of two rival boards;* h. After nearly two years of study and discussion, defendants had not been able to arrive at means for implementing programmatic changes in the Nashville area; i. It contains no specific commitment of money for increasing desegregation. 180. The following additional criticisms were made of the Long Range Plan and the progress report by expert witnesses at trial: a. b. Killingsworth - the validity of the projections cannot be determined since they are founded upon a number of unstated and questionable assumptions. Berrian c. Astin d. Blake - there is no coordination between the Long Range Plan and the Master Plan for Higher Education. - programs assigned to TSU such as graduate teacher education and business education are not in high yield category in terms of student body. - Plan concentrates blacks in community colleges where educational resources are inferior to those at universities (PI. Int. Ex. #19). - Projections for faculty and administrative increases cannot be evaluated without indication of ranking. - Projections lack a "sense of urgency" with respect to desegregation. 181. Testimony at the fall, 1976 trial established that the State Board of Regents did not initiate any efforts to increase t/ Executive Director Brown testified in his March, 1976 deposition that the Long Range Plan was the best available "to achieve desegregation with minimum disruDtion of current services"’ (Dep. 37-38). 68 A47 black presence in faculty at its institutions until March, 1976. The SBR central staff provided member institutions with a list of minorities and women eligible for employment. This process produced only one new faculty member since most institutions took no action pursuant to SBR directives (Hill Testimony? Def. Ex. #1,2,13,14,17,13; Nicks Testimony; Def. Ex. #43). Yet, during 1975-76 SBR institutions, excluding TSUrhired only 29 blacks out of a total of 348 (Def. Ex. #12, Exhibit 3, Buchanan Report to Monitoring Committee, September, 1976).* 182. The University of Tennessee Central Administration does no more than to encourage its constituent institutions to seek out minority faculty candidates (Boling Testimony). During 1975-76, the UT system hired 322 full-time and 191 part-time faculty of which 23 and 3 were black respectively (Prados Report to Monitoring Committee, September, 1976). 183. Trial testimony provided the following information on the status of program assignments in Nashville to achieve greater desegregation: a. Allied Health 1) Enrollment for 1975-76; -284 blacks 43 whites(Def. Ex. #4) 2) Enrollment for 1976-77; 275 blacks 77 whites(Def. Ex. #5) 3) Funding - no funds from state for expansion; certain money from federal government for Medical Records and Dental Hygiene Program; 4) Director doubted that whites would be at TSU if scholarship aid were not made available (Bond Testimony). _*/ Defendants' responses to Plaintiff-Intervenors December, 1975 Interrogatories #'s 48 and 49 make clear that projections for increases in black faculty and administrative staff were not developed with any concrete recruitment program in mind. 69 A48 b. Business 1) Facilities of the new business school under construction are inadequate to meet the needs of TSU; 2) TSU could offer daytime and nighttime program in undergraduate business admin- instration; present program is almost all black (Def. Ex. #36); 3) TSTJ could offer MBA programs at the present time; 4) Faculty exchange - one white faculty member and one Indian from TSTJ assigned to teach at UTN in 1976-77 (Ellzy Testimony) 5) TSTJ was looking for white dean for new business school (Humphries Testimony). c. Engineering (Def. Ex. #8) 1) Joint engineering program with UTN not successful; 2) General engineering program at UTN includes areas covered in TSU specialized programs;I 3) TSU planning to offer Masters Program in Engineering during evening; 4) Whites would go to TSU for engineering if UTN did not exist; TSU presently has capacity to absorb UTN engineering program (Isibor Testimony); 5) Agreement in Sept.., 1976 to limit numberof hours to 24 its UTN students can take in general engineering (Charles Smith Testimony). d. Public Administration and Urban Affairs (Def. Ex. #64) 1) Administration of Program at TSU; 2) Director at TSU; 3) 1975-76 enrollment:78 enrolled/13 blacks; 4) 1976-77 enrollment: 100 enrolled/35 blacks; 5) Withdrawal of UTK from program (Def. Ex. #63). e. Graduate Teacher Education (Def. Ex. #36) 1) 1976-77 enrollment: 130 blacks 159 whites; 70 t A49 2) White enrollment has continued to rise since transfer in fall, 1974 to TSU (Def. Es. #12, Monitoring Committed, Sept. 13, 1976). f. Nursing 1) Performance of TSU graduates on State Board Examinations markedly improved 2) Director of program is highly qualified (Himaya Testimony; Pl.Int. Ex. #'s 34, 35,36; Gooding Testimony). 134. The reports on the 1976-77 status of the foregoing programs indicate: a. That the defendants are still unwilling to devote additional state funds to increase the attractiveness of TSU programs; b. That programs such as undergraduate busi ness assigned "exclusively" to TSU in the day and to UTN at night tend to be segregated; c. That programs assigned exclusively to one school, day and night, such as graduate teacher education, achieve meaningful desegregation; d. That joint program assignments are likely to fail; e) That the difference in schedules between TSU and UTN (quarter vs. semester system) rendered cooperation even more difficult. G. Desegregation Plan of Plaintiff Intervenors Richardson, et al. 1B5. On July 31, 1974, plaintiff-intervenors Richardson, et al. submitted a "Plan for the Dismantling of Tennessee's Dual System of Public Higher Education" (Pi. Int. Ex.#2). 186. This plan was drafted by an educator familiar with state higher education desegregation plans. The general objectives of the plan were identified by a panel of educational experts which included three black presidents of traditionally-black institu tions of higher education in the South and one white foundation executive with great experience in the field of education gener- 71 A50 APPENDIX A This appendix provides an outline; of each plan and progress report filed by the defendants beginning with the first plan in 1969 to the February, 1976 Progress Report. It should be noted that each of the defendants' plar.3 and reports has contained the same methocoicgy for discantling the dual syctcc of public higher education in Tennessee. In each instance the defendan have proposed to desegregate their public institutions of higher education on a statewide basis by urging each institution to intensifj- their efforts to irereas the minority faculty complement anu minority student enrollment on each campus and by increasing the amount of financial aid available to minority students. In relation to the Hashville Aren, the defendants have consistently proposed to utilise the concepts of joint cooperative and exclusive assignment of programs to increase the size of the minority student enrollment on each of the two campuses located in Nashville. A51 Flan, Filed April 1, 1C69 This was the first of numerous plans filed by the defendants in this case. This plan proposed to dismantle the dual system of public higher education by implementing the following proposals: A. Student Recruitment 1. Institutions would intensify their efforts to recruit minority students; 2. Admissions counselors would visit all high schools located in the institutions' recruitment area; 3. Institutions’brochures and literature would be prepared to appeal to minority students; 4. Institution officials would establish contact with high school officials to identify minority students with potential for college; 5. Minority staff and other minority students would be used to contact minority high school students. B. Financial Aid 1. Institutions would send financial aid information to all high schools; 2. Availability of scholarships and financial aid programs would be widely publicized in white and black high schools; 3. Certain amounts of financial aid would be set aside for minority students who are financially dis advantaged; -2- A52 A. Wien available, some scholarships woulci be awarded to minority students with academic potential. C. Faculty 1. Institutions would intensify their efforts to recruit and retain black faculty and staff; 2. Additional qualified white faculty members would be sought for TSU; 3. Academic administrators of UTN, TSU 3nd i-iTSU would arrange joint appointments of faculty members. D. Curriculum 1. TSU would offer Saturday, evening and summer activities for high school students with an emphasis on the bisic skill courses, as well as Afro-American drama, art, history and literature; 2. Racially integrated conferences, workshops, etc. would be sponsored by TSU to bring white students on its campus; 3. TSU would develop academic programs to attract white and black students; A. Where possible, in selected professional, graduate and specialized areas programs will be assigned exclusively to one institution; 5. Joint degree programs in specialized areas will be developed between the Nashville area public institutions; its existing 6. UTN will continue to offer and improveAprogram and to offer new programs in the evening. -3- A53 Progress n.?po"i:, April 1. 1970 This report indicated that the defendants had made progress in the areas of student enrollment ana provision of financial aid. The report revealed the following: A, Student Enrollment 1. The number of black students enrolled at public institutions in Tennessee (excluding TSU) increased 42.2% between the academic year of 1968-69 and 1969-70; this represented an increase from 2720 to 3869; 2. The minority student enrollment represented 4.6% of the entire student bedy; 3. The minority studtnt enrollment of the 1969-70 freshman class was 5.6% as compared to 5.0% for the 1968-69 freshman class; 4. The largest number of black students (1777), exclusive of TSU, was enrolled at Memphis State; 5. The largest percentage of black students (12.1%), exclusive of TSU, w«s enrolled at Jackson Stats Community College; 6. Forty-four white students enrolled at TSU for the 1969-70 academic year as compared with 45 for the 1968 *69 academic year. B. Financial Aid 1. In the 1969-70 academic year the size of the fund for financial aid to bli.ck students increased from 507 thousand dollars to 775 thousand collars or 53%; -4- A54 2. The amount of financial aid per student increased from $603 per student in 1968-69 to $733 per student in 1969-70; 3. The percentage of black students receiving financial aid declined from 31,77. in 1963-69 to 23.27. in 1969-70. C. Faculty 1. The number of black FTS faculty employed in state institutions, exclusive of T3U, increased from 14 in 1968-69 to 38 in 1969-70; 2. Black faculty, constituted approximately 1°L of the total faculty for 1969-70; 3. The state projected an additional 15 to 25 black faculty would be employed in 1970-71; 4. TSU’s white faculty increased from 10 in 196S-69 to 11 in 1969-70; 5. Sevan TSD faculty members taught on a part- time basis at UTN; 6. Two UTN faculty members taught at TSU on a part-time basis. -5- A55 Progress Report. Jure 14. 1971 This report once again emphasized the defendants' efforts on an individual institutional basis to increase the pace of desegregation. This report revealed the following: 1. Some degree of success has been achieved by the predominantly white institutions in recruiting minority students; 2. The greatest degree of success in recruiting minority students was exhibited by Memphis State which increased its minority student enrollment by 229 students 3. T3U exhibited insignificant progress in recruiting white students; 4. Minority faculty represented less than two percent of the total faculty at a majority of the pre dominantly white institutions; 5. TSU and UTN agreed to establish a joint engineering degree program. \ , : Plan Filed Narch 77, 1972 This plan is devoted almost exclusively to the desegregation of TSU. A. Student Enrollment 1. The plan projected an increase of white students enrolled at TSU from 100 in 1971 to between 300 and 500 in the fall of 1972; 2. TSU would employ a full-time white recruiter to visit high schools, community colleges and other sources of white student enrollment; 3. TSU would improve the appearance of its campus to attract white students; 4. TSU has budgeted $200,000 of state funds for financial aid for white students for the 1971-72 academic year; 5. The plan proposed that TSU be budgeted $400,000 for financial aid to white students for the 1972-73 academic year; 6. All classes of the :JT School of Social Work scheduled for the Nashville area would be housed on the campus of TSU beginning with the fall of 1972. B. Faculty 1. The plan projected an increase in non-black faculty at TSU from 53 in 1971 to between 100 and 110 in the fall of 1972; A56 -7- A57 2. The Nashville area portion or the UT School of Social Work would be housed on TSU's campus; this would increase the number of white faculty members on TSU's campus by 20; 3. TSU would employ white faculty to fill all vacancies where it was possible to do so; 4. TSU would hire between 20 and 25 white faculty members by the fall of 1972; 5. The plan projected that over the next three years white faculty would constitute between 35% and 40% of TSU's total faculty; 6. TSU and other Middle Tennessee institutions would implement a faculty exchange program by the fall of 19^2; 7. Twenty to twenty-five TSU faculty members would accept appointments at UTH, MTSU, A. Peay, Volunteer State and Vanderbilt by the fall of 1972; 8. Ten new non-black faculty members will be employed by TSU in areas where a strengthened faculty would be most likely to attract white students. C. Curriculum 1. The defendants would explore the idea of exclusive assignment of all graduate education courses in the Nashville area to TSU; 2. The defendants would explore the idea cf developing a joint graduate education program between TSU and UTN; 3. The defendants ifould consider the idea of T !U operating off-campus centers; 4. The defendants would explore the idea of thn development of an Allied Health program at TSU. 8-- A58 THUG Report: - July 1?. 197?. This report was filed by THEC to indicate the progress made by the defendants and to indicate additional steps which were needed to desegregate public higher education in Tennessee,, The report stated: A. Student Enrollment 1. Black enrollment at the predominantly white institutions had been increasing by 800 to 9C0 per year: 2. In 1971, 5600 black students were enrolled In the predominantly white institutions; 3. To develop programs which will attract white students, T5U must raise its admissions standards and strengthen the faculty in areas most likely to attract white s tudents; 4. Competition for students in other public institutions in.Nashville area must be reduced if TSU is to attract white students. Primary competition comas from UTN and MTSU; The5. a oaly successful large scale desegregation of formerly black institutions has come by attracting adult, part-time, commuting students, mostly enrolling in theevening classes. Therefore, UTN providesAbiggest com petition to TSU in its efforts to attract white students. MTSU offers substantial competition because it offers i very comprehensive curriculum, and has been moving into, high-demand program areas (communications, law enforcement and other public service occupations); 6. Program allocations which would increase the number of white students at TSU include: -9- A59 a. All teacher education programs in metropolitan Nashville should be concentrated at TSU by Fail 1973. Teacher education courses at the undergraduate level at UTN and graduate courses offered by UT Knoxville in the metropolitan Nashville area should be phased out by June 1973. The teacher education faculty at UTN should be offered jobs at TSU beginning Fall 1973, with equivalent rank and appropriate salary increases. TSU should employ an educator (preferably white) with a national reputation to serve as Dean of Education beginning Fall 1973. All public institutions in the State, except TSU, should terminate any education courses offered off campus in Davidson or adjacent counties. b. The same objective of desegregation could be achieved by a joint TSU-UTN program in professional education, leading to joint undergraduate and graduate degrees. c. TSU and MTSU should develop a joint program at both the Associate and Baccalaureate level in law enforcement and corrections by the Fall of 1973, designed so that students take at least the equivalent of a full quarter of work on each campus. d. So that TSU can concentrate resources on development of strong undergraduate programs and professional programs in Teacher Education, Engineering and Allied Health, all graduate work in Agriculture - at TSU should be phased out by Fall 1973 and transferred to MTSU. e. The Joint Master's Program in Business Education between TSU and KTSU should be continued. The program requires students to enroll on both campuses. f. A consortium of Volunteer State, Nashville State Technical Institute and TSU should be formed to provide community college courses and programs, taught by faculty from all 3 institutions and offered at: UTN (daytim<* only), N3TI and TSU. A detailed plan should be developed by Fall 1973 which is acceptable to the Court and THEC. 7. Merger of TSU and UTN does not appear feasible at the present time. -10- A60 B. Faculty 1. The number of full-time equivalent black faculty in predominantly white institution® has increased from 15 to 63 in 3 years. There are 67 black professional staff employed by predominantly white schools; 2. Campuses with predominantly white faculties should work out arrangements with TSU to enable them to approach TSU faculty to fill vacancies or new positions; 3. Predominantly white schools should continue recruitment efforts, with the objective of doubling the number of black faculty within 2 years. - | -11- A61 TSU nopovc ~ July 13, 1972 This report was filed separately by TSU to provide the following infomation to the Court: 1. TSU had concluded that the March 27, 1972 plan was inadequate to dismantle the dual system because of the difficulty of desegregating TSU while it had to compete with the expanded facilities and curricula of UTH; 2. TSU questioned the provision of a plan which assumed that the employment of additional white faculty at TSU would establish a "white presence" at TSU and speed desegregation; 3. In 1970-71, 17.257 of the students enrolled in TSU's evening classes were white but less than 17. full-time of the regularAenrollment was white; 4. TSU proposed the merger of UTN and TSU and that TSU be given exclusive control of all public higher education in Metro Nashville; 5. TSU proposed that the States' efforts to comply with this Court's order should include (1) assuring greater opportunities for blacks to receive college level education and (2) making a serious effort to deseg regate its institutions of higher education. -12- A62 Progress Report:.. July 31. 1972 This report was filed by the defendants to indicate their progress relative to the proposals set forth in their March 27, 1972 Plan. The report revealed: A. Student Enrollment 1. TSU had received firm commitments from 14 white students who required financial aid; 2. The plan committed one-third of the States' $400,000 financial aid appropriation to TSU for financial aid for white students; 3. TSU had employed a full-time white recruiter and he had visited 59 high schools, 5 community colleges, 4 correctional facilities and 41 homes in an effort to recruit white students; 4. The General Assembly allocated in excess of two million dollars to TSU for the improvement of its physical facilities to attract white students; 5. Plans had been developed to begin housing the UT School of Social Work on TSU's campus by the fall of 1972. B. Faculty 1. TSU experienced 19 vacancies of which 7 were filled with whites, 9 remained vacant and two whites were continuing to negotiate; 2. Three and one-half full-time faculty exchanges arranged for 1971-72; 3. Six whites had been recruited in areas most likely to attract white students. -13- A63 University of T'’■"'?̂ s'^ Peoorh — Au^ust 1., 1972 to 1. Merger of TSU inAthe UT system would enable UT to provide to that campus the vast expertise and knowledge in academic affairs required in developing quality academic programs; 2. The merger of TSU into that UT system, because of existing social conditions and the attitude of the black community, cculd result in severe criticism of this approach and large scale disagreement by that segment of the population; 3. Therefore, UT does not believe that it is feasible to merge TSU into the UT system at the present time, without creating considerable social and political unrest; 4. In regard to feasibility of merging UTN into TSU, UT believes that such a move would result in the quality of programs at UTN being lowered; 5. TSU's assumption of control and operation of UTN would not result in the desegregation of TSU. There is no assurance that existing faculty or students at UTN would remain on that campus if TSU assumed control; 6. The following Cooperative programs between ITU and TSU are currently in operation: -14- i A 64 i : iL a. Joint Baccalaureate Engineering Program b. Pupil Personnel Services Program c. Career Opportunities Program d. Consortium arrangement for Eagle University e. Small Business Management Short Course f. Joint chapter of the Student National Education Association g. Joint Tennessee Employment Security Workshop h. Proposal, for Teacher Corps Program for Nashville i. Utilization of TSU faculty at UTN; 7. UT believed that the plan filed March 29, 1972 can be implemented, and has pat into effect part of the plan. For example: a. Faculty exchange - UTN hap supplied names of 26 faculty members who are willing to participate; b. UTN volunteered to provide white faculty to TSU on non-matching basis; c. UT is proceeding with the plan to move the School of Social Work to the TSU campus; d. UTN has proposed cooperative efforts re use of library facilities. 8. UT believed that the best method for aiding deseg regation of TSU would be consolidation of the curricula of TSU, Volunteer State, Nashville Tech, MTSU, and UTN in areas where programs are similar. -15- A65 Recommendations 2. 3. education 4. 5. UTN ot of area. 1. Continuation of existing cooperative programs Implementation of March 27, 1972 plan. Immediate adoption of a cooperative graduate program. Development of additional cooperative program Development of consortium of TSU, MTSU, and fer all graduate programs in the Middle Tenness 6. Creation of consortia to offer other programs. 7. Appointment of a task force by the Eoard of Regents to study the status of TSU and recommend action to improve its image and quality. 8. Consolidation of curricula of appropriate undergraduate and graduate programs of TSU, Volunteer State Nashville Technical Institute, MTSU and UTN, requiring that a portion of a student's work be taken on the TSU campus and thatTSU's students be required to do work on one of the other campuses. -16- A66 Progress r,?ccrt - Fell 1973 1. Employment of White Faculty - Thera were 27 full time faculty vacancies at TSU for fall-1972; 15 were filled by whites. For fall 1973 there were 37 vacancies; 19 were filled by whites; 2. Faculty Exchange Program - In fall 1972 there were 18 faculty members involved in the exchange program. TSU was unable to finance an exchange program for 1973; 3. Eight white faculty were employed in fall of 1972 in areas which would most likely attract white students. Five new and two continuing white faculty were employed in fall of 1973; 4. Financial Aid for Non-Slacks at TSU - $65,194 was awarded to 67 white students in fall 1972; $68,790 was awarded to 95 white students in fall 1973; 5. Expanded Recruitment Efforts for Eon-Blacks - White recruiter was hired in April 1372 on full-time basis. Increase in white enrollment was 1.2% in 1972 to 7.1% in 1973; 6. Physical Appearance of TSU - Erection of signs and building markers, improvement of trees and shrubbery, outside illumination, additional parking, improved driveways and sidewalks. Landscaping plans for front of student union completed; 7. UTK School of Social Work - All classes of the theUTK School of Social Work have been held on^TSU campus since fall 1972. Library materials were moved to TSU thein^s untie r of 1973. -17- A67 Interim Plan - April 1, 1974 This plan was Tiled by TUEC and the State Board of Regents. This plan proposed the following action to be taken: 1. The allocation of programs among the Nashville area institutions with TSU maintaining exclusive responsibility for certain programs; 2. The appointment by each institution of an Equal Employment Officer; 3. The development of affirmative action goals and timetables; 4. That a faculty-student analysis be performed on each campus to be completed by August 1, 1974; 5. That minority student recruitment be increased; 6. That financial aid for minority students be increased; 7. That an attempt be made to appoint 16 blacks among the 65 anticipated faculty vacancies at the universities and 24 blacks among the 72 anticipated faculty vacancies at the community colleges; 8. That TSU be assigned responsibility for all engineering, business and/or education programs in the Nashville- area; 9. That the white student enrollment at TSU be increased by assignment of exclusive programs and offering financial aid to white students. -18- A68 University of T?nn*??s»?g Interim Plan - A Til 1, 197 - The UT System, because of an inability to agree with the other defendants on the future of the UTN campus, filed a separate Interim Plan, providing as follows: 1, Student Enrollment - The UT System proposed that the development of the following programs would increase student desegregation on its campuses: a. Compensatory education program on Chattanooga campus; b. Predoctoral program of the UT-Oak Ridge Graduate School of Biomedical Sciences; c. Freshman Conditional Student Program and special courses offered on the Knoxville campus; d. Concentrated admission program and qualified admission at the Martin campus; e. Special admission of disadvantaged students at the Medical Units; f. Pre-discharge Educational Program on the Nashville campus; g. Special student recruitment efforts at Chattanooga, Knoxville, Martin, Nashville and Medical Units; 2. Faculty - The UT System proposed that the following procedures would increase faculty desegregation on its campuses: a. Development of Affirmative Action Plans; b. Development of a program of faculty exchange between UTN and TSU. -ID- A69 3. Curriculum - The TIT System proposed that the development of the following programs would aid the desegregation of public higher education: a. The transfer of the UTK School of Social Work to the TSU campus; b. The development of a joint program leading to a B.S. degree in engineering sponsored by TSU and UTN; c. The development of a cooperativa pupil personnel services program; d. The development of a Career Opportunities Program; e. A consortium arrangement involving a number of institutions located in Tennessee and Kentucky; f. The development of a teacher corps program in Nashville; go The formation of a joint UTN-TSU chapter of the Student National Education Association. -20- A70 Long-Range Plan - July 25, 1974 A. Curriculum 1. Plan suggests that a combination of exclusive program assignments and joint program development is tbe best way of achieving desegregation in the Hashville area; 2. Exclusive program assignments at TSU: a. Graduate teacher education b. Allied Health c. Home Economics d. Fine Arts e. Business Education 3. TSU will "explore" new programs in the Allied Health area; 4. TSU "will explore the possibilities for expanding its fine arts program"; 5. TSU will establish a school of business administration "as expeditiously as possible"; 6. TSU will have exclusive responsibility for undergraduate business programs for day students; 7. UTN will continue to offer B.S. degrees in general business or accounting to evening students, and is given exclusive responsibility for offering the MBA.program; -21- A71 3. Plan proposes undergraduate and graduate Urban and Public Affairs Cantor, to be housed at UTN and ope rated jointly among UTN, T3U and KTSU; 9. In Engineering, the plan proposed continuation of the present joint program setween TSU and UTN. B. Student Enrollment 1. Black enrollment in the State's formerly white institutions has increased from 4.6% of the total enrollment in 1969 to 7.17. in 1973; 2. Plan proposes that the role of TSU should be one with major emphasis on servicing the Nashville area; 3. Plan proposes that UTN be the institution with major responsibility for servicing the increasing demands for higher education in the Nashville area; 4. Plan projects that by 1980, 14.47. of the students enrolled in the state will be black: 5. The 1980 figures project that 237. of the community college enrollment will be black, 97. of 4-ycar institutions enrollment will be black and 4.87. of the enrollment at UT Medical Center will be black. C. Faculty 1. Plan states that generally there is an under utilization of "other race" in employment of faculty, staff and administrators; 2. During the period from 1969 to 1573, black faculty employed by state institutions of higher education decreased, from 6.27. to 5.5%; -22- A 72 3. The plan proposes goals, established by individual institutions, for employment of black faculty. 4. Total goals project that the percentage of blacl faculty will increase to 6.5% by 1975 and to 9.0% by 1S80. 5. Plan states that in 1969, a nationwide survey showed that only 2.2% of higher education faculties were black; that 2.7% of all doctorates awarded went to blacks in 1973; and that future supply of black faculty is difficult to predict. 6. Plan proposes development of "grow your own" programs to increase the supply of black faculty with doctorate degrees. 7. Plan indicates that Board of Regents has recently established a "grant-in-aid" program designed to upgrade qualifications of employed faculty. D. of Governance Structure of Higher Education 1. Plan does not contain a commitment by UT to attain minority membership on all white Board of Trustees (21 members). 2. Board of Regents is composed of 16 members; 2 are black. 3. Board of Regents projects that by 19S0, 30% of the "Clerical and Supportive Staff" in system will be black. -23- A73 C. Monitoring 1. Flan proposes establishment of "continuing desegregation committee", composed of 12 members. 2. Committee will "include representation of both races". 3. Plan proposes that Committee make an "annual review of desegregation progress" and report findings to the Court. 4. Committee has authority to make recommendations to the governing boards and to the TKEC. -24- A 74 This report revealed the following: 1. TSU will offer all graduate degi-ee options in Education previously offered by UTN beginning the fall of 1974. 2. None of the UTN faculty have accepted eirpley- mant at TSU. 3. UTN transferred $252,000 to TSU to support the expanded graduate education program. 4. TSU has been authorized to offer a Masters degree program in Industrial Education. 5. A cooperative program has been established among A. Peay, MTSU and TSU leading to the Education Specialist degree. Progress -Report - August 9, 1974 -25- A75 1. Between 1973 and 1974, enrollment of black students increased from 10.7% to 11.9% statewide. 2. XSU's white enrollment increased from 6.9% in 1973 to 12.4” in 1974, while at other institutions black enrollment increased from 7.17. to 3.8% of their total student body. 3. Total black faculty increased from 345 in 1973 to 360 in 1974, amounting to 5.77, of total faculty. 4. White faculty at TfU increased from 21.8% to 29,7% (1973 to 1974), while black faculty at other institutions increased from 2.4% in 1973 to 2.8% in 1974. 5. UTN's black student enrollment increased from 10.4% in 1973 to 10.5% in 1974. 6. UTN's black faculty increased from 3.1% in 1973 to 4.9% in 1974. 7. TSU's white administrative staff increased from 6.3% in 1973 to 21.9% in 1974. 8. UTN's black administrative staff increased from 0% in 1973 to 2.1% in 1974. 9. Total white graduate enrollment at TSU increased from 67 in 1973 to 213 in 1974, an increase of 21.3%. 10. Enrollment in the graduate education program at TSU went from 319 in 1973 to 518 in 1974, an increase of 62.4%. P ro g re s s Renort - Hay 20. 1975 -26- A76 11. The number of whites in the graduate educa tion program at TSU increased from 48 in 1973 to 191 in 1974, an increase of 29.87.. 12. Number of white freshman at TSU increased from 99 in 1973 (5.67.) to 195 in 1974 (9.5%). 13. Black enrollment at UTTI increased from 495 in 1973 (10.47.) to 526 in 1974 (10.57,). -27- V All This report describes the progress made under the defendants' Long Range Plan. The report indicates the following: A. Student Enrollment !• Between 1974 and 1975 the enrollment of black students increased from 11.97. to 12.97, of the total enrollment in the public institutions in Tennessee. 2. Between 1974 and 1975 the black student enrollment at the State Board of Regents institutions increased from 15.697. to 16.257. of the total enrollment. 3. The proportion of black students enrolled at TSU decreased from 87.327. to 85.07. in 1975. 4. Most of the progress in student desegregation at the Regents institutions occurred at the undergraduate level; the percentage of black students on the under graduate level increased from 16.107. to 16.837 between. 1974 and 1975. 5. Between 1974 and 1975 the percentage of black graduate students enrolled at the Board of Regents institutions decreased from 13.787. to 12.847. of the total enrollment. 6. Between 1974 and 1975 the percentage of black undergraduate students enrolled at the UT System campuses increased from 6.07. to 6.97. of the total enrollment. P ro g re ss Report - Fsbru.ii.-v 15, 1976 -28- A78 7. Between 1974 and 1975 the percentage of black graduate students enrolled at the UT System camputes increased from 4.7% to 5.3% of the total enrollment, 8, IITSU, Walters State, ETSU, A, Peay, Tennessee Tech., llemphis State and the UT Center for Health Sciences achieved less than 70% of their respective goals for minority enrollment for 1975, 3. Faculty 1. The report stated that it would be easier to increase the number of white faculty at TSU than itwould be to increase the nurier of black faculty at the ocher institution because of the nationwide shortage of black people who are qualified to teach on the college level. 2. The UT System and the Board of Regents will implement their grant-in-aid programs as specified in the Long Range Plan. 3. Between 1974 and 1975 the Board of Regents institutions achieved their projected employment goals in the number of black faculty hires but the percentag of black faculty compared to the total faculty decreased from 3.20% to 3.17%. 4. Between 1974 and 1975 the percentage of black faculty employed by the UT System increased from 3.0% to 3.1%. -29- A79 C. Nashville Plan - Stucants and Faculty 1. Between 1974 and 1975 the black enrollment at UTN increased from 10.57. to 12.7% of the total enrollment. 2. Between 1974 and 1975 the white enrollment at TSU increased from 10.0% to 12.2% of the total enrollment. 3. 3etween 1974 and 1975 the percentage of black faculty at UTN decreased from 4.97. to 4.1%. 4. Between 1974 and 1975 the percentage of white faculty at TSU increased from 29% to 31%. 0. Nashville Plan - Curriculum 1. Arts and Sciences - Both TSU and UTN offer undergraduate programs in Arts and Sciences but UTN will offer theirs only after 4 p.m. 2. Teacher Education - Level of white graduate enrollment increased from 31.6% in 1974 to 36.4% in 1975 at TSU. TSU will consider developing the Doctor of Education Program jointly with Middle Tennessee State. TSU has implemented 4 new graduate teacher education programs since Court order. TSU needs additional faculty to avoid overloading current faculty with increase in programs. Eoth TSU and UTN will continue offering undergraduate teacher education programs as specified in the Plan. -30- A80 30 Business Adp'inistraf ion - TSU will have exclusive responsibility for undergraduate and graduate programs in business educatior. TSU has exclusive responsibility for undergradete business programs for day students. UTN will offer H.B.A. to evening students. UTN will continue to offer B.S. degree in general science or accounting to its evening students. Ho full-time joint appointments exist at the present time. Each institution employs faculty from the other insti tution on a part-time basis. TSU is in the developmental stages of establishing a school of business adminstration. 4. Urban and Public Affairs Center - An Urban and Public Affairs Center, housed at UTN, staffed by Middle Tennessee, TSU and UTN and whose programs will be conducted on all three campuses will be initiated in fall of 1975. Unresolved question of committee membership became the deterring factor in setting up this program on time. 5. Allied Health - TSU will be assigned allied health curricula exclusively except for nursing. TSU and Board of Regents will do a joint study of the need for additional allied health programming in Nashville. 6. Nursing - TSU and UTN will continue to offer A.A. Degree in Nursing. UTN will offer their program during the day. UTN will be given exclusive responsi bility for developing a baccalaureate program in -31- A81 nursing 3ducation. TSU end UTN faculty cooperate in planning a Comprehensive Nursing Review course. 7. Home Economics - T.JU has exclusive responsi bility for offering programs in home economics. The University will consider diversification of these programs with emphasis upon career training along with teacher education. 8. Fine Arts - TSU is using the services of Department of Music, Department of Art Education and Department of Home Economics to deliver programs in areas of fine and applied arts. UT1I continues to work in areas of co’amercial music and art but will not develop degree programs in the fine arts. 9. Engineering and Engineering Technology - A joint TSU-UTH Committee on Engineering and Engineering Technology was established during April, 1975. Committee was net productive enough to achieve the objectives specified in the Flan. One professor at TSU is teaching n a graduate course at UTN for extra pay. Engineering faculty members of UTN and TSU have become involved in UT Institute of Public Service. -32- APPENDIX B TOTAL STUDENT EKBOT LMSNT AT TSU & UTH (1963-1976) V a J. i. Black TSU Non-Black Total % Black Black UTH Mon-Black Total % Black 1958 4491 45 4536 99.0 93 1695 1788 5.2 1969 4499 44 4543 99.0 123 1539 1662 7.4 1970 4362 66 4428 93.5 112 1853 1965 5.7 1971 4364 103 4467 97.7 248 2603 2851 8.7 1972 9352 359 9/11 92.4 407 3319 3726 10.9 1973* 4447 702 5149 86.4 483 4311 4794 10.1 1974* 4112 597 4709 87.3 525 4473 4998 10.5 1975* 4393 775 5168 85.0 695 4798 5493 12.7 1976* 55 34 524 6144 90.1 860 4967 5827 14.8 Beginning in 1973 TSL’ expanded its off-campus course offerings. The enrollment figures for T3U from 1973 to 1975 include its off-campus students; separate off-campus enrollment figures for these years are not available. However separate on-campus and off-campus enrollment data for TSU is available for 1976, and the figures'reflect only on-campus enrollment. The figure under "Mon-Black" for this year refers only to white students and does not include 86 on-campus students classified by TSU as "other." Whites account for 8.5% of TSU:s on-campus enrollment, and "others" account for 1.4%. f A82 I i Sources: 1 i 1968-69 - Report to the Court dated 4/1/70 - Table 1. Report to the Court dated 6/14/71 - Exhibit A. 1970 - Report to the Court dated 6/14/71 - Exhibit A. 1971 - Report to the Court dated 8/1/72 - Table 1. 1972 - Answer of University of Tennessee Nashville to U.S. Interrogatory 1 (c-h), April 1973, Appendix A, Table 1-1. Answer of C. C. Humphreys to U.S. Interrogatory 1 (c-f). 1973 - Answer of University of Tennessee Nashville To U.S. Interrogatory 1 (c-h), Summer 1974 Update. Answer of C. C. Humphreys to U.S. Interrogatory 1 (c-f), January 17, 1974. 1974-75 - Defendants' Progress Report, p. 148, 164. 1976 - Defendants' Exhibits #36 and #68. A83 APFENDjlX C COMPARATIVE OFF-CAMPUS UNIVERSITY: ENROLLMENTS FOR CN-CAMPUS AND PROGRAMS AT TENNESSEE STATE FALL 1976* Program Elack Non-Black Total 7 31ack On-Campus Graduate 313 275 588 53.2 Undergraduate 5221 335 5556 94.0 Off-Campus Graduate 13 603 416 3.1 Undergraduate 12 45 57 21.1 _______________________________ \ 1* Source: Defendants' Ex No. 36. i fi A84 APPENDIX D ENROLLMENT FOR PROGRAMS ASSIGNED TO TENNESSEE STATE UNIVERSITY AND UNIVERSITY OF TENNESSEE-NASHVILLE UNDER DEFENDANTS' LONG RANGE PLAN: FALL 19761 TENNESSEE STATE UNIVERSITY UNIVERSITY OF TENNESSEE-NASHVILLE Progra.n Black Non-Black Total a . Black Black Non-Black Total "L Black Agrlculture 123 50 173 71.1 (Not Offered) Allied Health^ 209 46 255 82.0 (Not Offered) Arts and Sciences 1,590 39 1629 97.6 333 1562 1895 17.6 Business 1,017 24 1041 97.7 227 1871 2098 10.8 Criminal JusticeJ 305 15 320 95.3 (Not Offered) Education Undergraduate 2,432 63 2,495 97.5 79 344 423 18.7 G raduate 313 275 588 53.2 (Not Offered) Engineering 546 81V 627 87.1 22 350 372 5.9 TSU/UTN Joint Engineering Progra 4 0 4 100.0 * Source: Defendants' Ex. Nos. 36, 68. (Footnotes continued on next page) iIi Ia i ! i A85 TENNESSEE STATE UNIVERSITY UNIVERSITY OF TENNESSEE-NASHVILLE Program Black Non-Black Total % Black Black Non-Black Total 7° Black Home Economics 243 24 267 91.0 (Not Offered) Nursing 78 32 110 7C.9 159 572 731 21.8 Social Welfare ^ 162 3 165 98.2 (Not Offered) (Footnotes from first page) ̂ Mot including Nursing. 3 The Long Range Plan identifies Criminal Justice and Social Welfare as areas of concentration at TSU within a proposed Urban Affairs joint baccalaureate degree program with UTN and MTSU. 4 Source: Defendants Ex No. 37. Figures for UTN are not available. It should be noted that because of the limited participation in this program, the defendants have proposed that it be terminated. (Defendants' Ex.No. 8). A86 APPENDIX B IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION RITA SANDERS GEIER, ET A L . , Plaintiffs, THE UNITED STATES OF AMERICA, Plaintiff-Intervenor, RAYMOND RICHARDSON, JR., ET AL., Plaintiff-Intervenors, VS . RAY B LANTON, ET AL, Defendants ) ) ) ) ) ) ) CIVIL ACTION NO. 5077 ) ) AFFIDAVIT OF STERLIN ADAMS STATE OF TENNESSEE DAVIDSON COUNTY Sterlin Adams after being duly sworn according to law deposes and says: That he is one of the Plaintiff-Intervenors in the above case and is Special Assistant to the President of Tennessee State Univers Following entry of the Order of the Court in the above case on 28 February 1977 the defendants, Dr. Roy Nicks, Chancellor of defendant State Board of Regents and Dr. Wayne Brown, Director of The Higher Education Commission, issued releases of information to the news media to the effect that the black President of Tennessee State University, Dr. Frederick Humphries, was guilty of mismanagement by virtue of the failure of the University to suspend a large number of B2 students who did not meet grade requirements in the years 1975 and 1976. These defendants incited a Legislative investigation by a Sub-Committee of the State House of Representatives which was designed to high-light the matter and support Legislative action to eliminate a portion of the funds allocated to Tennessee State University in the 1977-78 budget. Shortly after inciting said Legislative action defendants, Roy Nicks, Chancellor of the Board of Regents and Jimmy Jones, Chairman of the Board of Regents, threatened Dr. Frederick Humphries, the black President of Tennessee State University, with discharge, suggesting that he resign in order to avoid same. When he declined to do so the matter of his discharge was placed on the agenda of a Board Meeting in Johnson City, Tennessee, about June 1977, but because of a protest by a large group of black supporters to the defendant Blanton and to the defendant, Board of Regents, in said Board Meeting, the matter of President Humphries' discharge was post poned and he was given nine months within which to establish to the defendant Board he had a grasp of the problems involved in the oper ation of Tennessee State University. Copy of news articles reflecting all of the aforesaid actions of the defendants is attached hereto as Collective Exhibit "A". On information and belief, the sole purpose of the above actions of the defendants was to attempt to defame the black President of Tennessee State University and thereby provide a basis for a claim that he would be incompetent to administer an integrated institution under the plan ordered by the Court. Said actions were also done in an attempt to downgrade and discredit Tennessee State University as an educational institution, thereby avoiding the effect of the District -2- —____ _ ___________ - B3 Court's Order, v i z . , the creation of an integrated major urban uni versity in the Nashville area. To the best of my knowledge, there has never been such a campaign waged against any university in Tennessee, when the university has suffered administrative difficulties or at any other t i m e . As a result of the aforesaid actions of the defendants approxi mately $475,000.00 of the budget previously approved for Tennessee State University was impounded and the President of Tennessee State University, Dr. Frederick Humphries, and the administrative staff have been operating under intense pressure in the performance of their duties and continue to be closely monitored by the State Board of Regents and Tennessee Higher Education Commission. The aforesaid actions have also impeded efforts of the administrative staff of Tennessee State University in making said University attractive to white students and faculty and in developing said University into a comprehensive university, as contemplated by the Order of the District Court. Further Deponent Saith Not. Sworn to and subscribed before me My Commission Expires: '~/7_ ̂ -3- APPENDIX C (Contents: DX 11 Tables, THEC I,II,III,VII, IX,XI, SBR I,II,III,IV,V,XIII,XII,XIV, UT I,II,III) ■ . s 2/2/76 TIIEC TABLE I DEGREE CREDIT HEADCOUNT ENROLLMENT OF BLACK STUDENTS IN TENNESSEE PUBLIC INSTITUTIONS: TOTAL ENROLLMENTS. 1969 - 1975 FALL TERMS Institu tio ns Total Black Enrollment Black Enrollment as a t o f Total Recent* U n iversities 1969 1970 1971 1972 1973 1974 1975* 1970 1971 " 1972 " 1973"' ' 1974 ' 1975"' 1 A?iU 191 220 269 266 374 467 541 5.8 6.2 7.0 7.8 9.1 11.9 13.0ETS'J 143 181 210 213 249 184 199 1.6 1.8 2.2 2.2 2.7 2.0 1.9MSU 1,777 2,006 2,309 2,441 2,265 2,965 3,312 10.2 10.7 12.1 12.6 11.0 13.9 14.8Ml SU 193 242 277 352 447 551 652 2.6 3.0 3.2 3.8 4.6 5.4 6.2| TSU . 4,499 4,362 4,364 4,265 4,135 4,112 4,393 99.0 • 98.5 97.7 95.7 93.1 87.6 85.0TTU 50 83 85 97 111 128 142 0.8 1.3 . 1.4 1.5 1.6 1.9 8.4 2 0Total without TSU 57732" 17150 37369 37446 47295 47S4(T 5.4 5.9 T T T T T t T T a 8.9Total with TSU 6,853 7,094 7,514 7,634 7,581 8,407 9,239 14.3 14.1 14.4 14.2 13.8 15.0 15.5 Cornedty Colleges Incuanooga . . 173 468 618 12.6 20.8 17.8I Cleveland 54 205 193 154 153 141 151 3.4 10.7 8.9 7.1 6.5 5.5 4.81 Columbia 107 109 153 131 119 131 133 8,0 8.2 11.5 9.9 9.3 9.6 7.4i Tyorshurg 30 84 109 123 150 114 158 5/1. 13.3 17.1 16.3 16.7 10.9 14.3JacLscn 174 150 174 140 173 238 358 12.1 10.3 12.9 10.5 10.1 13.0 16.4Motlow 33 46 53 51 57 56 56 6.2 5.9 6.2 5.9 5.6 5.7 5.1i Roane — 11 34 29 39 70 -- -- 3.4 4.8 3.1 2.6 2.9j Shelby — — -- 640 1,376 1,949 2,684 — - . — 60.4 62.6 59.3 66.3Volunteer -- 63 91 73 74 116 --'• -- 10.9 7.6 5.4 4.4 4.9fa lte rs -- 13 44 73 79 61 68 -- 3.1 4.0 5.4 4.6 3.2 2 4Total Community Colleges “ 3M ■“ 507 800 T 7 W 27387 T/27T 4,412 7.4 T T T "STS’ 13.4 16.0 17.8 TO~ 1 U niversity of Tennessee Ti i C 264 314 406 371 422 510 511 7.0 7.2 8.4 7.6 8.5 8.3 8 3j U TcIjS 13 28 27 35 48 51 62 1.1 * 1.6 1.5 2.0 2.4 2.6 3.0| U»K 560 635 670 742 821 1,104 1,276 2.4 2.7 2.6 2.9 3.1 3.9 4.3! L'TM 152 231 296 • 303 414 459 549 3.6 5.0 6.1 6.1 8.5 9.2 10.6UTIi 123 112 248 . 380 495 526 695 7.4 5.7 8.7 10.9 10.4 10.5 12.7Total U niversity of Tcnn. 17117 17320 T7647 • T78TT 27200 2,558 37WT TTT . T T 4.1 ~ 4 T TTT 5.7 TTT i Grand Total without TSU 3.CC9 4,659 5,597 6,637 8,033 10,124 12,351 4.6 5.2 5.8 6.7 7.1 8.8 9.7 Grand Total with TSU 8,368 9.021 9,961 10k90? 12,168 14,236 16,744 . 9.5 9.6 9.8 10.3 10.7 11.9 12.6, ‘ Source: TIIEC Student Information System, Degree Credit Enrollment report, 12-30-75 o i l \ Ii ■ II 8 THEC TABLE I I DEGREE CREDIT HEADCOUNT ENROLLMENT OF BLACK STUDENTS IN TENNESSEE PUBLIC INSTITUTIONS: FRESHMEN 1969 - 1975 FALL TERMS 2/2/76 i ] | Ins t1tutlons T9S9— n»ro— Hitt Black Freshmen -____ ~ 1972 1973' T97T T57T* Black Freshmen as a X of Total T9B9 1970 19TT T97T Freshmen ~T974 T57T Recents U n iversities APSU ETSU MSU UTSU TSU TTU Total without TSU Total with TSU Corrvjnlty Colleges Chattanooga Cleveland Columbia Dyersburg Jackson Totlow r.oane Snelby Volunteer Walters Total Community Colleges U niversity of Tennessee ul C UT CHS UTK UTH UTN lo ta l Universi ty of TN Grand Total without TSU Grand Total with TSU NA » data not availab le . „ n in ic♦Source: THEC Student Information System, Degree Credit Enrollment report, 12-30-75 BO 90 105 105 165 223 278 7.3 8.2 8.4 10.4 12.5 19.0 19.2 55 56 95 00 63 75 86 1.9 3.3 3.1 3.0 2.9 2.6 2.5 * ' ♦ ’ 641 694 652 742 605 60G 721 12.6 14.2 13.0 14.7 12.3 12.5 15.0 jj 102 70 104 110 155 202 276 4.1 3.2 4 .0 4.5 5.6 6.7 0.3 NA 1,687 1,706 1,631 1,630 1,785 2,069 NA 99.9 98.8 97.8 92.9 86.6 84.5 i ! 26 36 37 36 48 63 64 1.4 , _ U - • 1-8 1 6 ___ 2.1 ... 2 6 ___ 2*2_______ " T O T " , .„ m 993 TT089 1,056 1,169 1,425 ■ 6.7 7.7 7.1 7.8 7.5 8.2 9.3 NA 2,641 2,699 2,720 2,686 2,954 3,494 NA NA 17.6 17.4 16.9 18.2 19.6 . | 121 333 535 „ „ 17.5 21.8 18.3 . I 21 146 137 121 100 66 02 1.7 10.0 8.6 7.7 6.7 5.5 5.2 71 76 101 78 79 01 100 9.0 8.0 12.8 9.9 10.6 11.2 7.5 n • 30 64 72 05 121 70 102 5.1 14.0 17.6 17.1 19.0 10.2 14.4 ro 145 121 115 90 113 109 278 13.4 13.1 15.3 12.7 13.9 17.6 16.3 • i33 40 32 44 45 39 43 6.5 7.0 5.6 7.3 6.4 6.3 6.1 ■ — — 11 31 22 27 50 -- -- 3.6 b.G 3.2 2.7 3.5 • • -- . . 614 1,260 1,600 2,201 -- -- -- 60.6 69.3 64.7 70.2 i— -- 62 73 49 62 95 — — 10.8 7.1 4.7 4.5 5.2 1 13 3G 54 42 3] 46 • • 3.6 4 J i _ 4.,7 ____3_4 2-5_______ ! JFo T 6 01 566 T T iu o 1,960 2,426 3,532 . 7.2 9.9 9.8 15.6 20.5 21.7 20.1 48 156 154 1 2 0 149 124 161 3.6 . 9.5 9.7 0.1 10.9 9.4 10.9 w 16 NA 3 1 2 1 2 1.7 NA 5.6 4.2 6.7 3.2 66.7 230 231 231 250 323 442 530 3.5 3.2 3.4 3.3 4.0 5.5 6.2 80 117 130 114 168 170 255 5.1 6 .8 7.4 6.5 9.6 10.7 14.3 • 35 51 87 139 187 20 7 321 7.2 8.2 10.4 . 12.0 — 1 L 2 _ __12 J l— 17.0 . 399"* 555" 613 632 U29 944 1,269 3.7 • 5.0 5.5 . 5’ 2 6.4 7.5 9.2 1,603 1,969 2,172 2,911 3,845 4,539 6,226 5.6 7.0 7.0 8.7 10.5 11.9 14.8 • NA 3,656 It •% 3,078 4,542 5,475 6,324 0,295 • NA NA 12.0 12.0 14.3 15.8 16.9 CO01 : • • • ' \ TlltC TABLE I I I . 2/2/76 • V ' I ACTUAL AND PROJECTED HEAQCOUHT ENROLLMENT OF BLACK STUOENTS, FUR SELECTED LEVELS. 1975 FALL TERM1 . J U i l M i f i.1___________________ UNDERGRADUATES Cnul LAU7?---------- ■Tic HEALTH PROFESSIONS OTHER GRADUATE TOTAL ' : r1 f i! - mO. B lack ii of To ta l no. B lack 5 o f To ta l No. B lack . * Of To t i l l n tcu a j___ No. * Of B lack T o ta l Goa l ho. Dlank 1 J 1 o f T o ta l ytctuai No. B la ck - /$ i o f T o ta l Goal Ho. C lack ■lb i of T o ta l A ctua l l b . B lack '75 i o f ’ Goal No. B lack 75 l o f To ta l A ctual io . B lack a 0 « o f T o ta l Ar>SU 457 13.0 510 14.5 mm . . mm 47 7.4 23 4.0 ’ 539 13.0 541 13.0 — ETSJ 195 12.5 185. 2.1 mm mm 18 1.4 14 1.0 212 2.3 159 M2,550 15.1 2,5032 14.8 14 2.5 7 1.3 mm mm 823 17.6 8022 16.3 3,400 15.4 7 V ? • • • • • l * . c524 6.6 578 6.5 — -- mm mm 116 6.4 74 4.4 704 6.6 652 6.23,557 35.7 3,906 80.7 — • — mm — 438 62.5 397 60.0 4.C06 82.6 •4.393 65.0 K 9 2.5 135 2.2 — — mm — 16 1.5 7 ___( L J 166 2.4 142 2.0 T o rs i w/o * iu 3.735 9.1 3,919 9.0 14 2.5 7 1.3 1,025 10.9 920 9.3 5,021 9.5 4,- :t5 B.9 T o ta l ./ TS7 7. -'.SI 15.9 7,915 16.4 14 2.5 7 1.3 1.463 14.5 1,317 12.6 9,027 15.6 s,::-9 15.5 C i f . r s c j j 494 17.0 618 17.8 mm „ * *94 17.0 618 17.8 a in a 135 6.0 151 4.8 mm mm • • . . 153 6.0 151 4.8 l • . . • . :1a l<5 10.1 131 •7.4 mm mm • • mm mm 146 10.1 153 7.4 I KO 11.6 153 14.3 mm mm .. mm mm 140 11.6 159 14.3 !. - :• 3;n 2- i K .3 358 16.4 mm mm .. mm mm 236 14.3 35$ 16.4 *• : : ’ v.v 59 5.9 56 5.1 mm mm — mm mm 59 5.9 56 5.1 f ri** 55 3.0 70 2.9 53 3.0 70 2.9 i - • */ 2,651 57.0 2,62i 66.3 mm • • mm mm 2,651 57.1 2,564 56.3 o re a r ICO 5.1 116 4.9 mm mm mm 100 5.1 116 4.9 U> :e r s 77 3.5 68 2.4 1 — ” — — 77 3.5 63 2.4 i ’ ■•.rsl Con-un ity C o llce e s 4,164 23.1 4,412 18.0 163 22.1 * iA .il— i c . : | ; : ' 472 10.2 436 9.1 mm mm 67 9.9 75, 7.4 539 10.2 611 a .6 V *• 911 4.2 972* 4.2 10 1.4 9 1.4 • • mm 248 3.9 2952 4.6 1,169 4.1 1,276 4-3 .1 t*'-: *n5 9.5 515 10.8 — • • . . mm 45 9.5 34 8.5 500 9.5 £49 10.5 / 595 11.9 643 13.1 — . . — 45 B .l 47 8.5 640 11.5 695 12.7 o s — — -- — — 72 3.7 3.0 12 . 9.6 2 7 5 84 4.0 62 T ; :a l ITT S/r*en 2.433 6.7 2,571 6.9 10 .... 1,4 9 1.4 72 3.7 . . 60 3,0 417 5.1 453 5 4 2.932 6.2 3,053 6.- To rsi «/o T5J 10,533 19.6 10.902 10.3 24 1.9 16 1.3 72 3.7 60 3.0 1,442 8.2 1,373 8.4 12,114 10.0 12,351 9.7 Grs-d Total w TSU 14,090 12.4 14,893 13.6 24 1.9 16 1.3 72 3.7 60 3.0 1,030 10.3 1,770 10.5 I f .120 12.8 16,744 12.6 'S j-rce : Goals data provided by the governing boards. Actual 1975 data from TIIEC Student Information System, Degree Credit Enrollment Report, 12/30/75 ^Includes one-half of Joint University Center graduate enrollment or undergraduate enrollment, as appropriate.i. *, ‘ % CO OJ T . . . . . . " • THtC TABLE VII RACIrtU COMPOSITION OF FACULTIES* IN TENNESSEE'S PUBLIC COLLEGES AND UNIVERSITIES, FOR SELECTED YEARS 1969-75* 2/3/76 I r s t ltution___________ f . s s In i vers(ties T$j" tT. I• I 5jb-7otal V/O TSU 5 rb-Total U/ TSU C . : t y Colleges Cr j t t j " . : : ;a . C leve lj- i £ 2 | ~ ̂ { . C /crs:jrg VctlewPure Srelfcy Volunteer c'jl ters S..--T3U1 i ' . i .c-''s i ty c f Tennessee L'TChSUTK Inst. of Agriculture Sat- Total Srj.,d Total W/D TSU G'tra Total W/ TSU 15C9 __ Total T la c l : Full-Time and Regular Part-Time Faculty 133 355 593 290 241 285 17656" 1.097 53 4512 49 9 4,467 4,708 0 0 1 0 229 0T 230 To ta 1 40 277 143 418 764 420 247 292T70« 2,239 66 53 25 63 35 4 32 5,293 5,540 Black To tin H'JT 20 9 1 220 0 12 232 74 294 173 413 746 429 226 311XH77~ 2,343 59 76 55 27 60 42 36 33 57 20 0 40173 1 303 8 498 213 5 256 9 253462 1 • 001 3 6301,253 9 1,229 10 1.315201 1 254 2 26650 , 1 131509 2,633 30 <6 624 2,940 " b . 54 629 37224” 5,799 6,065 Black’ 4 1 24 2 200 0~3T 239 3 1 3 1 3 0 0 8 4 0~27~ 10 10 23 4 4 32 n r 137 345 Total T57r 173 430 014 420 269 317T.TC?" 2.431 5201 50 24 61 40 43 75 64 47 737~ 293 715 1,360 - 248 123 644X39T 6,090 6,359 Black 2 1 29 6 109 0T T 227 3 1 3 1 3 0 1 14 4 070 11 16 33 4 6 33 TOT" Total 1975 171 360 J " i';-? b04,;d4' ?°e University of Tennessee and State Board ofKe,e..ts app.nolens for the Guidelines used to c la ss ify these Individuals, 172 432 013 401 276 316"272 Tr 2,490 59 00 40 30 . 70 50 08 104 64 60 633 323 745 1,424 240 122 646 3,500 '6,367 6,643 Bl ack' 2 0 34 5 190 2 aT 233 4 1 4 2 4 1 3 24 4 1 48 12 16 39 4 5 32 Too" 199 389 Black FacultT979 7TT As A T of Total 0.0 0.0 0.2 0.0 95.0 0.0 ' o . r 2.4 0.2 0.7 0.5 5.9 'T 7 T 1.1 1.4 0.0 1.2 0.2 09.1 _P,0_ 0.6 12.1 10.1 0.0 0.0 0.0 2.0 0.0 1.5 3.5 4.0 4.0 0.0 0.0 3.1 0.0 0.6 2.6 3.5 0.6 0.0 0.0 1.7 4.6 1.8 1.4 5.9 5.3 ,y As T57T T W 2.3 0.2 3.2 0.5 70.2 0.0 1.5 10.2 5.1 1.3 5.5 3.7 5.0 0.0 0.021.1 7.0 0.0 1.2 0.2 3.6 1.4 70.3 0.0 1.8 9.3 5.8 1.2 6.0 4.2 4.9 0.0 2.3 13.7 6.3 0.0 4.6 4.0 1.6 1.8 1.5 3.1 5.1 2.6 5.6 3.0 2 . 2 2.4 1 . 6 4.9 5.1 3.0 2.4 5.7 2 . 8 5.7 1.2 0.0 4.2 1.06S.8 0.6 179 9.4 6.0 1.3 8.3 6.7 5.7 2.0 3.4 23.1 5.3 1.7 3.7 2 . 2 2.7 1.7 4.1 5.037T 3.1 5.9 n •t* 140 r 2/3/76 THEC TABLE IX RACIAL COMPOSITION OF ADMINISTRATIVE PERSONNEL1, STATE BOARD OF REGENTS AND UNIVERSITY OF TENNESSEE INSTITUTIONS, FOR SELECTED YEARS, 1969-74 A d m in is t r a to r s _______________________________ ________________________________ Black Administrators as a % of Total 1969 1971 1973 1974 19752 - 1969 1971 1973 1974 1975 Total Black Total Black Total Black Total Black Total Black eJA> “ I T ---— /n ok K Jn lv e rs it le s APfj 21 0 24 0 32 1 39 2 40 2 0.0 0.0 3.1 5.1 5.0 ETS'J 40 0 54 1 66 1 69 1 79 1 0 .0 1.9 1.5 1.5 1.3 104 0 131 C 167 5 171 8 162 13 0.0 0.0 3.0 4.7 8.0 4 TSU 30 0 39 0 73 1 88 2 95 1 0 .0 0.0 1.4 2.3 1.1 rsu 66 66 65 64 79 74 96 75 96 85 100.0 98.5 93.7 78.1 88.5 rru 43 0 56 0 69 0 73 1 80 1- 0.0 0 .0 0.0 1.3 1.3 Sub-Total W/0 TSU JTlT- 0 304 1 407 8 445 14 456 18 * 0 .0 0 .3 2.0 3.1 4.0' " Sub-Total W/O TSU. 304 66 369 65 486 82 541 89 552 103 21.7 17.6 16.9 16.5 18.7 So run 1 tv Colleqes Shattanooga 17 0 13 1 15 1 0.0 7.7 6.7 SI evoland 5 0 9 0 11 0 11 0 11 0 0 .0 0 .0 0 .0 0 .0 0 .0 Scluubia . 10 0 13 0 16 0 17 0 15 0 0 .0 0.0 0.0 0.0 0.0 Sversburg 6 0 14 1 12 1 16 1 11 1 0 .0 7.1 8.3 6.3 9.1 Jackson 12 0 10 0 10 0 11 0 10 1 0 .0 0.0 0.0 0 .0 10.0 ;'|011OW 4 0 6 0 10 0 8 0 15 1 0 .0 0.0 0.0 0.0 6.7 Roane « • 6 0 9 0 14 0 15 0 0.0 0 .0 0.0 0.0 Shelby 2 0 17 5 26 10 34 12 0.0 29.4 38.5 35.3 .’olunteer 10 0 13 0 14 0 15 1 0.0 0.0 0.0 6.7 waiters 1 0 10 0 14 0 16 0 16 0 0.0 0.0 0.0 0.0 Sub-Total 38 0 00 1 129 6 146 12 157 17 0 .0 1.3 4.7 8.2 no J r iv e r s it y of TennesseeT: c 64 5 84 6 86 6 67 6 65 7 7 .8 7.1 7.0 9.0 10.8 JTCHS 115 1 141 1 191 10 219 13 253 19 0.9 0.7 5.2 5.9 7.5 DTK 332 9 315 ! 12 356 20 358 24 387 22 2.4 3.8 5.6 6.7 . 5.7 Lit m 43 1 59 1 64 1 61 1 66 1 2.3 1.7 1.6 1.6 1.5 j : ; i . 18 0 33 0 40 1 61 3 0 .0 0.0 2.1 4.9 In s t , of A gricu lture 42 0 46 0 53 0 55 0 61 0 0 .0 0 .0 0.0 0.0 0.0 Total 646 16 663 22 783 37 803 4b 893 52 2.5 3.3 4.7 5.6 '" '5 .8 ... Srand Total W/0 TSU 922 16 1,047 24 1,319 61 1,399 71 1,506 87 1.7 2.3 3.9 5.1 5.8 Srand Total K/ TSU 903 16 1,112 80 ' 1,398 125 1,495 146 1,602 172. 1.6 7.9 8.9 9.8 10.7 { ^ico uT appendices and SBR appendices fo r the guidelines used to c la s s i fy these Ind ividuals k'Datu provided by the two governing boards .>t> ' ’I 142 2/3/76 THEC TABLE XI RACIAL COMPOSITION OF NON-INSTITUTIONAL ADMINISTRATIVE STAFF*- FOR SELECTED YEARS 1969-75 ADMINISTRATIVE STAFF Blacks as a X of Total 1969 1971 1973 1974 1975 1969 1971 1973 1974 1975 Total Black Total Black Total Black Total Black Total Black ■ j r n r X_ *_ » State Board of Regents^ ★ * 14 0 21 0 22 2 0 .0 0.0 9.1 UT Central Administration^ 83 0 154 2 193 2 138 1 • 149 2 0 .0 1.3 1.0 0.7 1.3 Higher Education Commission S ta f f l 8 0 13 _0 15 _0 16 1 _17 * 1 0 .0 0 .0 0.0 6.3 5.9 TOTALS 96 0 167 2 222 2 175 2 18B 5 0.0 1.2 0.9 1.1 2.7 in c lu d e s a l l non-clerica l/supportlve s t a f f , Data fo r 1975 Include one Ind ividual who joined the Regents' s t a f f 1n January 1976. ^These figures include only those persons c la s s if ie d as "Executive" or "Adm inistrative". The decrease 1n number of adm inistrators between 1973 and 1974 re f le c ts a revisio n In t i t le s on Ju ly 1, 1974, which placed a number o f Ind iv iduals formerly c la s s if ie d as adm inistrators into the professional category. O <7\ ' I ♦The State Board o f Regents was Created In 1972. P rio r to that year central adm inistrative functions were located w ith in the Tennessee Department of Education. ✓ T a b le S B R - I S T A T E BOARD O F R E G E N T S P ro je c te d In terim and E qual A c c e s s G o a l s - P e r c e n t a g e B la c k 1 / 2 9 / 7 6 Institution 1975 1977 1979 1980 1901 1983 1985 1987 1909 1991 1993 1995 1997 1999 A P S U •* A l l L e v e l s 1 2 , 9 9 * U n d e rg»“a d . G r a d u a t e 1 2 . 9 9 * 7 . 4 0 0 . 4 0 9 . 4 0 9 . 9 0 1 0 . 4 0 1 1 . 8 5 * E T S U A ll L e v e l s U n d o r g r a d . G r a d u a t e 2 . 3 3 2.130 1 . 4 0 2 . 6 6 2 . 8 0 1 . 9 0 2 . 9 9 3 . 1 0 2 . 4 0 3 , 1 5 3 . 2 5 2 . 6 5 3 . 3 2 3 . 4 0 2 . 9 0 3 . 6 5 3 . 7 0 3 . 4 0 4 , 0 0 * 4 . 0 8 * 4 . 0 0 * M SU A ll L e v e l s U n d e r g r a d . G r a d u a t e L a w 1 5 . 3 5 1 5 . 1 0 17 .6 4 2 . 5 2 1 6 . 8 0 1 6 . 6 0 1 8 . 7 8 3 . 6 4 1 8 . 2 5 1 8 . 1 0 1 9 . 9 2 4 . 7 6 1 8 . 9 8 1 9 . 2 0 2 0 . 4 9 5 . 3 2 1 9 . 7 0 1 9 . 5 0 21 .0 3 5 . 8 3 2 1 . 1 5 2 1 . 1 0 2 2 . 2 0 7 . 0 0 2 2 . 6 0 2 2 . 6 0 2 3 . 3 4 8 . 1 2 2 4 . 0 5 2 4 . 1 0 2 4 . 4 8 9 . 2 4 2 5 . 5 0 2 5 . 6 0 2 5 . 6 2 1 0 . 3 6 2 6 . 9 5 2 7 . 1 0 2 6 . 7 6 11 . 4 6 2 8 , 4 0 2 8 . 6 0 2 7 . 9 0 1 2 . 6 0 2 9 . 8 5 3 0 . 1 0 2 9 . 0 4 1 3 . 7 2 3 1 . 3 0 31 . 6 0 3 0 . 1 8 1 4 . 8 4 3 2 . 6 9 4 3 3 . 0 9 ' 3 1 . 3 0 ’ 1 6 . 0 0 M T S U A li L e v e l s U n d e r g r a d . G r a d u a t e 6 . 6 4 6 . 6 4 • 6 . 4 4 * 7 . 7 8 7 . 7 8 7 . 4 8 8 . 9 2 8 . 9 2 8 . 5 2 9 . 4 9 9 . 4 9 9 . 0 4 1 0 . 0 6 1 0 . 0 6 9 . 5 6 1 1 . 2 0 1 1 . 2 0 1 0 . 6 0 1 2 . 3 2 * 1 2 . 3 2 * 1 1 . 6 1 * T S U A ll L e v e l s U n d e r g r a d . G r a d u a t e 8 2 . 6 0 9 5 . 7 0 6 2 . 5 0 7 7 . 6 0 8 0 . 2 0 5 8 . 8 0 7 2 . 7 0 7 4 . 7 0 5 5 . 10 7 0 . 2 0 7 2 . 8 0 5 3 . 3 0 6 7 . 0 0 6 9 . 2 0 51 .4 0 6 2 . 6 0 6 3 . 7 0 4 7 . 7 0 5 7 . 7 0 5 0 . 2 0 4 4 . 0 0 + + + o T T U A ll L e v e ls U n d e rg ra d . G rad uate 2 . 3 6 2 . 4 6 1 . 5 4 2 . 8 2 2 . 9 2 1 . 9 0 3 . 2 8 3 . 3 0 2 . 4 2 3 . 5 1 3 . 6 1 2 . 6 4 J . 7 4 3 . 0 4 2 . 8 6 4 , 2 0 4 . 3 0 3 . 3 0 4 . 6 6 4 . 7 6 3 . 7 4 5 . 1 2 5 . 2 2 4 . 1 8 5 . 5 8 5 . 6 8 4 . 6 2 6 . 0 4 6 . 1 4 5 . 0 6 6 . 4 8 * 6 , 6 2 * 5 . 5 4 * 146 •v,_y In s t itu t io n 1975 1977 C h S T C C 1 7 .0 4 * C I S C O 5 . 9 5 6 . 4 0 C o S C C 1 0 .0 0 1 0 .5 6 11 .6 3 1 2 .3 0 D S C C J S C C 1 4 .3 2 1 5 .6 4 M S C C 5 . 9 0 6 . 1 0 R S C C 3 . 0 0 3 . 4 0 S S C C 5 7 .0 0 5 4 .7 0 5 . 1 0 5 . 8 0vscc wscc 3 . 5 0 3 . 8 0 1979 T a b le S B R - I l S T A T E BOARD O F R E G E N T S 1 / 2 9 / 7 0 1900 I /a i t— . . EQun, A c c e s s G o als P e rc e n ta g e B le c Projected -rim end E qual 1995 Q t905 1907 1989 1" 1 1961 I 903 ' 9 * Equal A c c e s s G o a l s . 0 . 8 5 7 .00 7 . 3 0 7 . 7 5 1 1 .0 4 1 1 .2 0 1 1 .5 2 1 1 .9 8 * 1 3 .0 9 1 3 .4 6 1 3 .8 2 1 4 .5 5 1 0 .9 6 1 7 .6 2 1 8 .2 8 1 9 .5 9 6 . 2 9 * 3 , 8 0 oo< 4 . 2 0 4 . 6 0 5 2 .4 0 51 .2 5 5 0 . 1 0 4 7 . 0 0 6 . 5 0 6 . 6 5 7 . 2 0 7 . 9 0 4 . 1 0 4 . 2 5 4 . 4 0 4 , 7 0 6 . 1 9 * 1 9 .2 8 16.01 1 6 .7 4 4 . 9 1 * 45.50 *3.20 8 . 6 0 9>3° 5 . 0 0 5 -30 1 7 .4 7 1 8 .1 6 * 4 0 . 9 0 1 0 .0 0 5.60 3 8 . 6 0 3 0 . 2 6 * 1 0 .7 0 1 1 .3 1 * 5 . 9 0 * o00 147 T a b le S B R - lI I 1 / 2 9 / 7 0 o>S) 143 1 / 2 9 / 7 6 CIO tacle S B R -V ACTUAL AND PROJECTED STUDENT ENROLLMENT, GRADUATE, BY INSTITUTION, BY YEAR, BY RACF, BY PERCENT ULACK 1 / 2 0 / 7 6 INSTITUTION ACTUAL 1974-75 Total Number Graduate of Percent Hd.Count Black Black ACTUAL 1975-76 Total Number Graduate of Ud. Count Black APSU ETSU MSU MTSU ISU TTU Total w/TSU 1 Total vi/o TS'J 593 1,271 4,510 1.717 675 5E2 9,753 9,073 33 11 744 93 447 11 1,344 897 6.36 0.87 16.50 5.42 66.22 1.12 13.78 9.88 577 1,541 4,920 1,690 662 867 10,257 9,595 | PROJECTED 1975-76 Total Number Interim Percent Graduate of Slack Hd.Count Black » Black PROJECTED 1980-81 Total Number' Interin Graduate of ^ Hd. Count Black ..Black 23 3.99 633 47 7.40 14 0.91 1 ,278 18 1.40 802 16.30 4,691 823 17.64 74 4.33 1,799 116 6.44 397 59.97 700 438 62.50 7 0.81 1,004 16 1.54 ,317 12.84 10,105 1,463 14.48 920 9.59 9,405 1,025 10.°0 756 75 9.90 1,376 37 2.65 5,124 1,050 20.49 1,977 179 9.04 P87 473 53.30 1,060 28 2.64 11,180 1,342 16.49 10,293 1,369 13.3f e ll actual and projectW cultŷ counir by institution BY YEAR. BY RACE, BY PERv-Eih SLACi- 1 / 2 9 / 7 6 1/ 07 CO 1‘f Z TO T a b l o S B R r X U :iscc F a c u l t yAdministration Co S C C F acuity' Adm inistration D S C G F acuityAdm inistration J S C C F a c u l t y Adm inistration M S C C F a c u l t yAdministration R S C C F a c u l t y Adm inistration ssec F a c u l t yA d m in istration V £ C C F a c u l t yA d m in istra tio n W SC C F a c u l t y A d m in istration 1.8 1 . 0 6 . 4 1 .5 4 . 8 6 . 8 5 . 4 1 .5 0 . 5 0 . 7 2.8 1 . 0 1 9 .5 3 6 . 2 6 . 7 1 .5 0.6 1.0 2 . 4 2.0 6.0 3 . 0 5 . 4 7 . 3 5 . 9 3 . 0 1 . 0 1 .4 3 . 3 2.0 2 0 . 3 3 3 . 9 7 .1 3 . 0 1.2 2.0 3 . 0 3 . 0 7 . 2 4 . 5 6.0 7 . 8 6 . 4 4 . 5 1 .5 2.1 3 . 8 3 . 0 2 1 . 1 3 1 . 6 7 . 5 4 . 5 1 . 8 3 . 0 ana 1980 8 . 6 1 0 .2 1981 0 . 0 1 0 .0 1963 9 . 8 1 1 .2 1905 1 0 .6 1 2 .0 * 1987 1 1 .4 1 2 .0 * 3 . 3 3 . 5 3 . 6 4 . 0 4 . 2 5 . 0 4 . 6 6 . 0 * 5 . 4 6 . 0 * 7 . 4 5 . 3 7 . 6 6 . 0 8 . 0 7 . 5 0 . 4 9 . 0 * 8 . 6 9 . 0 * 6 . 3 8 . 0 6 . 0 8 . 3 7 . 2 9 . 0 * 7 . 8 8 . 4 9 . 0 * 6 . 7 5 . 3 6 . 9 6 . 0 7 . 4 7 . 5 7 . 9 , 9 . 0 * 8 . 4 9 . 0 * 1 .0 2 . 5 . 2 . 0 2 . 8 2 . 5 3 . 5 3 . 0 4 . 0 * 3 . 5 4 . 0 * 4 . 0 3 . 5 4 . 3 4 . 0 4 .H 5 . 0 5 . 3 6 . 0 * 5 . 8 6 . 0 * 21 .5 3 0 . 0 2 1 . 9 2 9 . 3 2 2 . 7 2 7 . 0 2 3 . 5 2 5 . 0 * 2 4 . 3 2 5 . 0 * 7 . 7 5 . 3 7 . 9 6 . 0 8 . 3 7 . 5 8 . 7 9 . 0 * 9 . 0 * ■ 2 .1 3 . 5 2 . 4 4 . 0 3 . 0 5 . 0 3 . 6 * 4 . 2 5 . 0 * nHu> • D e s e g r e g a t io n g o a l s . 157 'Z T nH 159 A —--- JiLb • • i . • - . -TSSIoOT-JT ___ at . . .. • _______1____ ?»2>L X The University of Tenneace. Actual and Projected Racial Compo.itton. of Student Podia. Actual, fall 1974 fetal farellewnt »Urt Snrol’ia.nt, Actual, rail 1975 2£a»!ta- ^ 01,,etlo,,f F,U Total Enrolment Black gnrolla'ant Tot,»J..Ban.ll«rnt Mack Enrolment m Headcount Headcount Bar Cent m Headcount Headcount Per C n t r « Hu.u,count Headcount Par Cent , » e r .9* > .p.insriiwiiir S'i 5re-i«:e »xvllie ^r-de:,-radiate * I . 'l i 'J JU U v frtin•: r.t*r?t*&**t*%iriiilte \rxL 3)42 24754 4706 4453 571 5034 21411 59)4 €56 20011 4525 453 4)70 ?hll ;r4l-it« School of fcAiic |cieae* — ••• X.r.-.;«try — ;-.>r=jr/ — : — haniMtv Allied'•jsItS — • !?SK* -- . vnr.4•y.»f7r4du*to * ? : k L 2320 “ *•*/lur̂rnduAt*4 —— trtijAt« e ~ - LuV •*— tilth Profeisions-— CCC/i 357J2* 131 006 <69 369 194 167 36 1991 4310 <93 4993 34909 7309 066 1310 43014 309 50 419 013 211 9 1600 <31 37 ' 438 1 12 3 6 15 9 2 54 8.3 8.0 8.3 3.8 1.9 1.4 1.8 9.1 8.3 9.2 4447 47971011 5308 ... 22976 ... 6109 ... 634 26407 29999 4354 4706 402 5100 416 75 511 972 295 9 1276 515 34 549 9>147.4 0.0 4.2 4.6 1.4 4.1 10.8 8.5 10.6 490 15 525 2097 353 9 51 2315 2.4 m m m 134 3 2.2 2.0 610 11 1.0 l.i 437 7 1.4 2.0 • m m 409 10 2.4 7.7 — 240 21 8.3 5.4 194 9 4.6 5.6 ... 14 1 7.1 2.7 — . 3090 62 3.0 11.0 7.1 — 4917 556 643 47 13.1 8.5 10.6 2543 5491 695 12.7 6.0 4.7 1.4 2.7 5.6 37496 2571 30251 8492 634 1954 40576 454 9 59 3091 8.9 5.3 1.4 1.0 6.4 ... 6623 <72 10.2 • m m 677 67 9.9 4050 5300 539 10.2 21694 911 4.2 ... 6364 243 3.9 ... 650 10 1.4 25607 20748 1169 4.1 4775 455 9.5 ... <75 45 9.5 4750 5250 500 9.5 125 12 9.6 ... CIS 19 3.1... 477 10 2.3... 416 9 2.2 — 220 19 3.6 198 12 6.1... 36 3 0.1 — 2090 04 4.0 4995 595 11.9... 555 45 8.1 2600 5559 640 11.5 __ 36007 2433 6.7 .... 0196 ' 410 5.1 .... 690 10 1.4 ...a. 1965 72 3.7 37009* 46930 2933 6.2 Pcvloed Projection. Pall 1980 (Hld*folntl Total Enrollment Plack Enrollment PTE Headcount Headcount Per Cent Perocrephlc Coal percent Black Tercet Date — • 5540 659 11.9 --- 810 102 12.6 5000 6350 761 12.0 ••• 23590 1160 5.8 —- 7470 370 5.0 • — 690 25 3.6 27500 31750 1755 5.5 . . . 4976 675 13.6 « . . . • 574 50 10.1 5150 5550 731 13.2 125 21 16.8 . . . 650 16 5.5 . . . 495 24 4.8 . . . 420 17 4.0 . . . 270 31 11.5 m m m • 230 24 10.4 • mm 60 6 10.0 mmm 2250 ICO 7.1 mmm 8460 1295 15.3 mmm 940 115 12.2 4125 9400 1410 15.0 42566 3909 9.4 . . . . 9919 6G6 6.7 . . . . 690 75 3.6 . . . . 2125 130 0.5 41975* 55300 4013 8.7 18.7 1991 17.8 l9eo 18.6 1991 12.9 2301 9.4 * 2034 16.8 2015 11.7 2332 17.5 1985 13.0 1999 16.3 1556 1C.8 1990 16.8 1999 16.8 20:0 16.0 2013 16.6 1955 16. e ---- 196)0 16.8 l 9 £ j H 1C.6 19.8 1966 10.4 1987 19.6 1966 Kir, E32 ::ri;.-i.r::r«i:i:tx:̂r::s;i;%.«u cIn u :d : :t i ;nrt";n :,Tn “; ; i i : d * ^ . r r d os3ui.in,.pocuiu1c . « » . * . * » * u i » . . « * Center And HonpltAl* Xnoxvllio ^Tho.o fiyur.. not comparable with earlier data and projection.. ..ao text. "Include. Graduate School of Mile Hedlcal Science., Heephl. *6x010400 Center for the Health Sciences Tim U N IVERSE or TENNESSEE Actual and Projected Rac.al Compositions of Paculties Full-Time and Regular Part-Time Actual, Fall 1974 Total Black % Black Actual, Fall 1575 Projected. Fall 197S Projected, Fall 1980 Total Black Black Total Black * Black Total Black \ Black UT at Chattanooga Full-time 214 79 293 8 3.7 3.83.8 213110 84 3.83.6 222 80 104 4.5 5.0 242 98 23 9 9.59.2 Regular Part-time Total u 323 12 3.7 302 14 4.6 ' 340 . 32 9.4 UT, Knoxville Full-time Regular Part-time TOTAL 1192 1761368 30 333 2,5 1.7 2.4 • 1220 204 1424 36 3 39 3.0 1.5 2.7 1243 811324 36 3 39 2.9 3.7 2.9 137990 1469 67 370 4.93.3 4.8 UT at Martin Full-time Regular Fart-tiae 2408248 ' 404 1.70.01.6 238 2240 4 04 1.7 0.01.7 2376 243 4 04 1.7 0.01.6 234 . 6 240 •7 07 3.00.0 2.9 • TOTAL * UT Ccntcr/llealth Sciences Full-tine S611S4 715 11c 2.03.2 2.2 • 5911S4 112 4 2.02.6 569 156 12 5 2.13.2 612168 2111 3.4 6.5 Regular Part-time TOTAL 16 • 745 16 2.2 725 17 2.3 780 32 4.1- UT at Nashville Full-time U S 5 4.3 12.5 4.9 1211 5 0 4.10.0 1248 8 1 6.512.5 2558 26 1 10.212.5 * 1I Regular Part-time TOTAL 8123 6 122 5 4.1 . 132 . 9 6.8 263 27 10.3 Institute of Agriculture Full-time 644 33. 5.1 6451 320 5.0 0.0 6500 35 0 5.4 869 0 48 0 s.s Regular Part-time TOTAL 0644 u33 5.1 . , 646 32 5.0 650 35 5.4 869 48 $•5 SUMMARY Full-time Regular Part-timo TOTAL 2966 425 3391 9112 103 3.12.8 3.0 3028 472 3500 97 11 108 3.2 2.3 3.1 3045 331 3376 105 13 118' 3.4 3.93.5 3590 3703960 192. 24.216 5.3 6.55.5 • • - • - l. •* • * • . . • • • * • • . —A CJ) 91 0 -V ■■ :h niu u n i v e r s i t y ̂ T ennessee Actual and Projected Racin', nposltlons of Administration Full-Time and Regular Part-Time Full 1974 Actual, Fall 1975 Projected, Fall 1975 Projected, Fall 1980 Total Clack \ Dlack Total Black \ Black Total Black \ Dlack Total Black \ Black Central Administration Full-time 132 1 0.8 1445 U o 1.40.0 134 6 2 0 1.50.0 1396 120 8.6 0.0 l Regular Fart-tlao TOTAL 6 . 138 0 1 0.7 149 2 1.3 140 2 1.4 145 12 8.3 UT at Chattanooga Ful1-time 59 5 8.5 623 61 9.7 33.3 609 5 2 8.3 ' 22.2 66 11 9 3 13.6 27.3 Regular Part-time TOTAL 8 67 • 1 6 1/« •> 9.0 65 7 10.8 69 7 10.1 77 12 15.6 UT, Knoxville Full-time 305 23 7.5 338 49 21t 6.2 2.0 305 S3 23 1 7.51.9. 30553 30 1 9.8 1.9 Regular Part-time TOTAL 53358 124 i.y6.7 387 22 5.7 358 24. 6.7 ■ 353 31 8 • 7 • UT at Martin Full-time Regular Part-time TOTAL • 58 361 i0 1 1.70.0 1.6 606 66 10 1 1.70.0 1.5 603 63 10 1 1.7 ’ 0.0 1.6 623 65 40 4 6.50.0 6.2 • n HUT Ccnter/llealth Sciences* Full-time 201 11 5.5 24013 lflI 7.5' 7.9 22019 13 2 5.910.5 256 36 13 5 5.113.9 Regular Part-time TOTAL . 18 219 2 13 11 • 1 5.9 253 19 7.5 239 15 6.3 292 18 6.2 UT at Nashville Full-time Regular Part-time , TOTAL 46248 i0 • 1 2.20.0 2.1 58361 • 3 0- 3 5.2 0.04.9 472 49 2 02 4.3 0.04.1 64367 7 07 10.9 0.010.4 • Institute of Agriculture Full-time 55 0 0.0 61o •. 0 q 0.00.0 560 0 0 0.0 0.0 60 0 0 0 0.0 0.0 Regular Part-time •TOTAL. 0 • . . 55 0 0 U. v 0.0 61 0 0.0 55 0 0.0 60 0 0.0 SUM-WRYFull-time 856 42 4.9 963 79 51 3 5.33.8 892 92 46 5 5.2 5.4 952112 75 9 7.9 8.0 ' Regular Part-time • TOTAL 90 946 4 46 4.9 1042 54 5.2 974 51 5.2 1064 84 7.9 • APPENDIX D UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA APR -1 1377 KENNETH ADAMS et at., ) ) Plaintiffs, ) )) JOSEPH A. CALIFANO, JR., Secretary j of the Department of Health, ) Education and Welfare _ec al., ) ) Defendants. ) SECOND SUPPLEMENTAL ORDER Plaintiffs having filed a Motion for Further Relief concerning the higher education phase of this litigation, and the Court having reviewed the extensive documentary evidence, depositions and opposition thereto, and having heard argumenc upon plaintiffs' motion, the Court hereby makes the following findings and conclusions and grants further relief a3 hereafter sec forth. "M S? P . DAVcY. Clef. Civil Action No. 3095-70 1. Pursuant Co this Court’s November 16, 1972 Opinion finding Chat defendants had failed to enforce Title VI of the 1964 Civil Rights Act with respect to public higher education systems in ten states, on February 16, 1973 this Court ordered defendants within 120 days Co commence T i d e VI enforcement proceedings against states which failed Co undertake higher education desegregation. Adams v. Richardson. 356 F. Supp. 92 (D.D.C. 1973). 2. On review, the Court of Appeals for the District of Columbia Circuit on June 12, 1973 affirmed this Court’s Order, but it granted a period of 120 days to permit submission by the ten states of higher educa tion desegregation plans, and an additional ISO days thereafter before commencement of enforcement proceedings against "those states whose plans are not acceptable.’’ In so doing, Che Court of Appeals emphasized that HEW D2 has "not yet formulated guidelines for state-wide syscems- of higher learning;" that "the problem of integrating higher education must be dealt with on a state-wide racher than a school-by-school basis;'" and chat the controversy involves "the complex problem of system-wide racial imbalance" in public higher education. Adams v. Richardson. 480 F.2d 1159, 1164-65 (1973). Subsequently, by consenc of the parties and pursuant to this Court’s Order of March 22, 1974, the higher education enforcement deadline was further extended to June 21, 1974. 3. Prior to the aforesaid deadline date, defendants had trans ferred the higher education desegregation issue concerning Louisiana to the Department of Justice for the commencement of enforcement proceedings. Mississippi was referred to the Department of Justice after the state's plan was rejected. In June of 1974 defendants found acceptable in each of the eight remaining states the states' proposed higher education desegre gation plans. As hereafter specified, the Court finds that such plans did not meet important desegregation requirements and have failed to achieve significant progress toward higher education desegregation. 4. In individual communications sent to the ten states in November of 1973 and April of 1974, defendants identified the critical requirements of an acceptable desegregation plan. The Court finds that the desegregation plans submitted by the state systems of higher education, and' accepted by HEW in June of 1974, failed to meet the requirements earlier specified by defendants. Defendants accepted such plans although plaintiffs had submitted to defendants on April 1, 1974 an extensive memorandum which had specified the importance of obtaining from each state specific commitments for change and in particular as concerns the desegre gation of student bodies, of faculties, the enhancement of Black institu tions long disadvantaged by discriminatory treatment, and desegregation:^ Che governance of higher edueaclon syscecs. -2- D3 5. The failure of the plans accepted by HEW in 1974 to achieve desegregation progress is not disputed by the defendants. In the deposi tion taken of OCR Director Holmes in October of 1975, he conceded (Tr. 29-30 50-51) that Che general segregated pattern in student attendance and faculty assignment which had existed before the plans were accepted remained substantially unchanged. More recently, counsel for defendants conceded to this Court in argument of January 17, 1977 (Tr. 37) that the plans "haven’t worked." 6. The deposition taken of OCR Director Martin Gerry on January 13, 1977 further confirms the lack of progress, and the need to obtain specific commitments necessary for a workable higher education desegregation plan. Director Gerry so conceded concerning admission, recruitment and retention of students (Tr. 5-15), concerning the placement and duplication of program offerings among institutions (Tr. 17), the role and the enhancement of 31ack institutions (Tr. 15-18), and concerning changes in the racial composition of the faculties involved (Tr. 20-22). Mr. Gerry generally conceded chat in retrospect the 1974 plans lacked "standards of clarity and specificity" and the necessity that HEW "get about the business of changing them or altering them." (Tr. 15-19). 7. Based upon the foregoing findings the Court concludes that, in violation of Title VI of the 1964 Civil Rights Act, defendants are con tinuing to grant federal aid to public higher education systems which have not achieved desegregation or submitted acceptable and adequate desegrega tion plans in the states of Arkansas, Florida, Georgia, North Carolina, Oklahoma and Virginia. The Court makes no present finding, and defers further action, respecting the states of Louisiana and Mississippi which are the subject of Judicial enforcement proceedings elsewhere; the state of Maryland whose claim that HEW failed to adequately engage in voluntary compliance is pending before the Court of Appeals for the Fourth Circuit; and the state of Pennsylvania which is engaged with plainciffs and defendants in settlement negotiation*. D4 8. The Court of Appeals has already noted (Adams, supra, at p. 1164) "Perhaps the most serious problem in this area is the lack of statewide planning to provide more and better trained minority group doctors, lawyers, engineers and other professionals. A predicate for minority access to quality post-graduate programs is a viable, coordinated state-wide higher education program that takes into account the special problems of Black colleges. *** These Black institutions currently fulfill a crucial need and will continue to play an important role in Black higher education." The process of desegregation must not place a greater burden on Black institutions or Black students’ opportunity to receive a quality public higher education. The desegregation process should take into account the unequal status of the Black colleges and the real dangeyhat desegregation will diminish higher education opportunities for Blacks. Without suggesting the answer to this complex problem, it is the responsibility of HEW to devise criteria for higher education desegregation plans which will take into account the unique importance of Black colleges and at the same time comply with the Congressional mandate. Now, therefore, it is hereby ORDERED and DECREED that: 1- Defendant shall promptly notify the States of Arkansas, Florida, Georgia, North Carolina, Oklahoma and Virginia that the higher education desegregation plans submitted by them to HEW in 1974 are not adequate to comply with Title VI of the 1964 Civil Rights Act. 2. Within 90 days from the data of this Order, defendants shall transmit to the six States and serve upon the plaintiffs and this Court final guidelines or criteria specifying the ingredients of an acceptable higher education desegregation plan. 1/ The National Association for Equal Opportunity in Higher Education, composed of one hundred and seven (107) Black colleges, in an amicus brief before e Court O j . Appeals, in argument before chis Court, and in a statement of March 3, 1977 filed herein, has con sistently voiced its concern about the possible adverse effects of state plans on the future of Black colleges and their primary mission of educating Black Americans. 3. Defendants shall require each State to submit, within 60 days of receipt by said States of the final guidelines or criteria, a revised desegregation plan. 4. Defendants shall accept or reject such submissions by the said States within 120 days thereafter. 5. Plaintiffs’ representatives shall be afforded timely access to all submitted desegregation plans in order to comment on said plans and shall continue to receive the bi-annual reports on higher education compliance required by Paragraph 13(2)b of this Court’s Order of February 16, 1973. D5 -5- w . a . ,7 1 . ---- - John H. Pratt Un^ifed States District Judge April 1, 1977