#40015 UNC ARCHIVES GENERAL ADMINISTRATION: RECORDS OF THE LEGAL AFFAIRS DIVISION THE RECORDS OF THE LEGAL AFFAIRS DIVISION OF THE UNIVERSITY OF NORTH CAROLINA (SYSTEM) in the University Archives and Records Service Wilson Library, CB# 3926 University of North Carolina at Chapel Hill Chapel Hill, North Carolina 27514-8890 May 2000 INTRODUCTION The records of the Legal Affairs Division of the University of North Carolina System’s General Administration include the administrative manuals and regulations of the Board of Governors, materials pertaining to the ownership and administration of the Stevens Center at the North Carolina School of the Arts, and files on the desegregation negotiations and litigation between UNC and the U.S. Department of Health, Education and Welfare (HEW). The majority of the Legal Affairs Division records currently in the University Archives concern HEW. In 1969 HEW began investigating the desegregation progress of ten states, including North Carolina, that had historically segregated systems of public higher education. HEW was responsible for enforcing Title VI of the Civil Rights Act of 1964 as it pertained to educational institutions receiving federal funding. Title VI legislated that “no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program receiving federal financial assistance.” In February 1970 the University of North Carolina received notice of its non-compliance with Title VI from HEW’s Office for Civil Rights (OCR). UNC was found to be maintaining a racially identifiable system of public higher education. In response the University began drafting a desegregation plan that would comply with Title VI. In October 1970 the Legal Defense and Educational Fund (LDF) of the National Association for the Advancement of Colored People filed suit against HEW and charged the department with negligence in enforcing Title VI. The plaintiffs in the suit (Adams v. Richardson) sought to impose more rigorous requirements for desegregation of higher education in the ten affected states and to enforce a termination of federal funds to those states that failed to submit satisfactory plans for desegregation. In February 1973 federal judge John H. Pratt found for the plaintiffs and ordered HEW to begin enforcement proceedings against the affected states within 120 days. On appeal HEW was permitted to solicit desegregation plans before commencing proceedings. UNC submitted its plan, “A State Program to Enlarge Educational Opportunity in North Carolina,” to OCR in June 1973. The plan called for recruitment of minority students and faculty, remedial programs, expanded financial aid funds for all students, intercampus cooperation and exchange, and an anti- discrimination policy for admissions and employment. In November 1973 HEW-OCR rejected the plan on the grounds that it lacked specific goals for race diversity and details of how the plan would be executed. Eight years of draft submissions, revisions, rejections, self-studies, and negotiations followed. The irresolvable dispute between HEW-OCR and UNC revolved around the means by which desegregation should be achieved and monitored. Various initiatives were discussed over the years, including black enrollment quotas at traditionally white institutions (TWIs), increased black enrollment in graduate and professional programs, preservation and enhancement of programs and facilities at traditionally black institution (TBIs), establishment of remedial programs, and affirmative action admissions and employment policies. By 1978, however, the debate had focused on elimination of program duplication at geographically proximate institutions. OCR contended that shifting programs from one campus to another would effect immediate changes in the racial composition of the institutions. OCR would monitor UNC’s progress toward desegregation via semi- annual reports and by exercising prior approval over major changes to University policy. Under political pressure from LDF and the Adams court to enforce Title VI, HEW-OCR maintained a hard line on how and when desegregation should be achieved. UNC President Friday and the Board of Governors resented OCR’s dismissal of the University’s voluntary good faith efforts toward desegregation in the 1970s. They countered OCR’s attack by taking a firm stance against interference by outside agencies in the educational affairs of the state. The University asserted that it had done enough and that the criteria prescribed by HEW were neither legally required nor practical and potentially would harm the state educational system. The University attempted to demonstrate that its own program of slow change was preferable to HEW's micromanagerial attempts to dictate the course of higher education in North Carolina. Shuttle negotiations between Washington, D.C., and Chapel Hill in 1978 and 1979 failed to produce a lasting compromise. In March 1979 HEW announced it would begin proceedings to terminate federal funding to UNC. The University retained the Washington-based legal firm of noted civil rights attorney Charles Morgan to continue negotiations with HEW and in April filed suit in the U.S. District Court for the Eastern District of North Carolina to challenge HEW’s right to terminate federal support of UNC. Judge Franklin T. Dupree, Jr., ruled that termination of funds could not occur until the outcome of the Administrative Proceeding had been determined. Hearings for the Administrative Proceeding began in July 1980 and continued through July 1981. Throughout the hearings negotiations for a consent decree continued in secret. The ongoing dispute over program duplication and the mechanism for evaluation hampered the negotiations until Terrell Bell, then secretary of the Department of Education under President Reagan, removed these criteria. The July 1981 consent decree set enrollment goals rather than quotas (10.6% black enrollment at TWIs and 15% white enrollment at TBIs), added graduate and undergraduate program offerings to the TBIs, and pledged commitment to equitable salaries and racial composition of faculty and staff. In addition, the University agreed to file annual minority presence reports with the supervising court through 1986. The consent decree and its supervision by the U.S. District Court for the Eastern District of North Carolina was affirmed in an appeal by LDF to the U.S. Court of Appeals for the District of Columbia Circuit in July 1983. The matter did not close officially until the Supreme Court refused to hear LDF’s appeal of the D.C. circuit court’s affirmation. Materials in the UNC-HEW General files include correspondence among UNC officials and their legal representatives as well as correspondence between the University and HEW; drafts and final copies of the state plans for desegregation; and numerous related reports filed by the University with HEW. Separate files exist for background information, citizen correspondence, newspaper clippings, legal documents, statistical data, self-studies and programs undertaken by the University to fulfill promises made to HEW, and materials related to the decision to locate the School of Veterinary Medicine at North Carolina State University. The legal documents pertain to the Adams case as well as to the Administrative Proceeding and include affidavits, depositions, testimony, and various other documents filed with the courts. Statistical data files include exhibits prepared for the Administrative Proceeding, the raw data that informed the semi-annual reports to HEW-OCR, and the Minority Presence Reports submitted under the Consent Decree. Background materials include correspondence, legal decisions, and other materials related to HEW’s desegregation negotiations with the North Carolina Community College System and with other states. A detailed inventory of the UNC-HEW files and of the other Legal Affairs Division records currently in the University Archives will found on the following pages. For more information on the negotiations and litigation with HEW, see the following records groups in University Archives: Records of the Office of President of the University of North Carolina (System): William Clyde Friday files Records of the Office of Chancellor: Nelson Ferebee Taylor Series; Christopher C. Fordham III Series Records of the Affirmative Action Office See also the Southern Oral History Program Collection for interviews of UNC and HEW officials involved in the negotiations and litigation. Secondary Sources: Ayres, Q. Whitfield. "The Impact of Racial Desegregation in Higher Education on Student Achievement." Ph.D. diss., University of North Carolina at Chapel Hill, 1979. King, Arnold K. The Multicampus University of North Carolina Comes of Age, 1956-1986. Chapel Hill: University of North Carolina Press, 1987. Link, William A. William Friday: Power, Purpose, & American Higher Education. Chapel Hill: University of North Carolina Press, 1995. Schafer, Mark W. "The Desegregation of a Public University System: Conflict Between the Consolidated University of North Carolina and the Department of Health, Education, and Welfare, 1969-1979." Ph.D. diss., University of North Carolina at Chapel Hill, 1980. ADMINISTRATIVE MANUAL, CODE AND POLICIES, AND TENURE REGULATIONS OF THE BOARD OF GOVERNORS Box 1: Administrative Manual of the University of North Carolina, Including the Board of Governors’ Policies and Administrative Memoranda, May 15, 1991; July 30, 1993; January 1, 1996; August 1, 1997; September 10, 1999 Code and Policies of the Board of Governors of the University of North Carolina, July 30, 1993; June 1995; August 1, 1997; September 10, 1999 Box 2: Tenure Regulations of the Board of Governors and the Constituent Institutions of the University of North Carolina, December 1, 1992; February 1, 1999 STEVENS CENTER (NORTH CAROLINA SCHOOL OF THE ARTS) Box 3: General, 1979-1987 (includes correspondence, lease agreements, and other documents pertaining to ownership and administration of the center) Box 4: General, 1989-1990 Notebooks: (compiled to illustrate a chronology of events related to the Stevens Center; a number of the documents are duplicated in the General file) General Documents, 1980-1986 Legal Documents, 1980-1986 David Edwards (handwritten notes), 1982-1987 Tax Information, 1982-1987 UNC—HEALTH, EDUCATION, AND WELFARE DESEGREGATION NEGOTIATIONS AND LITIGATION FILES Box 5: General, 1970-May 22, 1974 Box 6: General, May 31, 1974-April 1976 Box 7: General, May 1976-July 30, 1977 Box 8: General, July 31, 1977-March 20, 1978 Box 9: General, March 21-August 10, 1978 (includes reel-to-reel audio tape of Commencement luncheon remarks by William Friday, May 12, 1978; tape shelved separately under R109; consult staff for access) Box 10: General, August 11, 1978-April 5, 1979 Box 11: General, April 6-October, 1979 Box 12: General, November 1979-April 3, 1980 Box 13: General, April 4-July 1980 (includes audiocassette tape of Richard Robinson’s part of telephone conversations with Nettie Thigpen, Tom Stafford, and Naomi Wynn, June 27? and 30, 1980; tape shelved separately under A495; consult staff for access.) Box 14: General, August-October 8, 1980 Box 15: General, October 10, 1980-April 15, 1981 Box 16: General, April 16, 1981-March 1982 (includes videocassette tape of CBS Sunday Morning with Charles Kuralt, September 13, 1981; tape shelved separately under UA-V4; consult staff for access) Box 17: General, April 1982-1993 Box 18: Advisory Committee for Racially Nondiscriminatory Public Post-Secondary Education, 1973-1979 Background: (includes correspondence, legal decisions, and other materials indirectly related to UNC- HEW negotiations and litigation) General, 1931; 1937-1940; 1947-1948; 1962; 1969 (includes pre-negotiation correspondence and other materials) Community Colleges, 1970; 1974-1979; 1983; 1987- 1988 Box 19: Other States: General, 1975-1981; 1983-1984; 1986-1988 Alabama, 1968-1969; 1971; 1979; 1982-1983; 1985-1987; 1994 Arkansas, 1973; 1977-1980; 1983; 1987-1988 Box 20: Delaware, 1981-1983; 1987-1988 Florida, 1973; 1975; 1977-1981; 1983; 1987- 1988 Box 21: Georgia, 1972; 1975; 1977-1981; 1987-1988 Kentucky, 1979-1983; 1989 Box 22: Louisiana, 1973; 1977-1978; 1980-1982; 1984; 1986; 1988-1989 Maryland, 1973-February 1977 Box 23: Maryland (cont.), August 1977-1985 Mississippi, 1973; 1986; 1987 Missouri, 1981; 1983; 1987-1988 New York, 1978 Ohio, 1981-1986 Oklahoma, 1977-1978; 1980; 1983; 1987-1988 Pennsylvania, 1974 South Carolina, 1981; 1983; 1987; 1988 Box 24: Tennessee, 1972; 1977; 1979-1980; 1983-1986; 1988-1989 Texas, 1978-1981; 1983 Virginia, 1973-1974; 1976-1978 Box 25: Virginia (cont.), 1979-1985; 1987-1988 West Virginia, 1981; 1983; 1987 Box 26: Central Faculty Position List, 1974-1978; 1984-1989 Citizen Correspondence: Supportive, 1975; 1977-1981 Non-supportive, 1974-1979 Box 27: Clippings, 1973-1979 Box 28: Clippings, 1980-1992 Faculty Exchange Program, 1975-1976 Box 29: Legal Documents: Adams v. [HEW]: (includes WEAL v. Department of Education) General, 1970; 1972-1973; 1975-1979; 1981- 1984; 1987; 1989 Affidavits: Tatel, David S., February 6, 1978 Depositions: Gerry, Martin, January 13, 1977 Holmes, Peter, November 11, 1975 Box 30: Administrative Proceeding: General, 1978-March 1980 Box 31: General, April 1980-1982; 1984; 1987-1988 Box 32: Affidavits: Barnes, Gary T., March 28, 1980 Bishop, David, October 18, 1979 Cheatham, Wilbert A., April 30, 1979 Crowe, Edward W., November 14, 1980 Dawson, Raymond H., April 19, 23, 1979; August 16, 28, 1979; October 2, 1979; November 7, 1979 Duffy, Kathleen, May 10, 1979 Ells, Leo, August 24, 1979 Ennis, Leon M., Jr., May 10, 1979 Friday, William C., May 10, 1979; September 13, 1979; February 1, 1980 Gaynor, Patricia, November 6, 1979 Gross, Kenneth E., December 16, 1979 Hamlin, Albert T., April 30?, 1979 Holmes, Defield T., January 15, 1980 Kennedy, John P., June 1, 1978 Levin, Joseph, May 7, 1979 Libassi, F. Peter, June 5, 1979 Michaels, William, October 29, 1979; November 16, 1979 Robinson, Richard H., Jr., November 7, 1979 Shannon, Barbra R., December 16, 1979 Smith, Nathalene R., January 14, 1980 Snyder, Robert D., November 7, 1979 Tatel, David S., April 30, 1979 Thigpen, Nettie H., January 14, 1980 Wynn, Naomi W., January 15, 1980 Depositions: Dawson, Raymond H., May 14, 1980; December 22, 1980; January 16, 1981 Michael, John A., March 6, 1980; April 24,1980 Smith, Michael Aaron, March 28, 1980 Box 33: Testimony: Dawson, Raymond H., March 12-13, 16-17, 25-26, 1981 Predominantly Black Institutions (PBIs): Budget History, 1927-1975 Capital Improvements: Elizabeth City University, 1973-1979 Fayetteville State University, 1973-1979 North Carolina A&T University, 1973-1979 North Carolina Central University, 1973-1979 Winston Salem State University, 1973-1979 Deficiency Studies: Elizabeth City University, 1975 Fayetteville State University, 1975 North Carolina A&T University, 1975 North Carolina Central University, 1975 Winston Salem State University, 1975 PBI Study: General, February-June 1976 Comparative Study of the Historically Black Constituent Institutions of the University of North Carolina, June 18, 1976 Report of the North Carolina Agricultural and Technical State University ad hoc Committee on the Comparative Study of the Five Historically Black Constituent Institutions of the University of North Carolina, May 4, 1977 Box 34: Statistical Data: (includes exhibits prepared by DBS Corporation for the Administrative Proceeding, the raw data that informed the semi-annual reports to HEW, and the Minority Presence Reports submitted under the Consent Decree) Data Reports: General: Financial Statistics by Source, n.d. Instructions Provided to DBS/Price- Waterhouse, May 15, 1980 Variable Titles and Types, April 16, 1981 Variables by Category, n.d. Variables by Source, n.d. Box 35: Employment: EEO-6 Forms, 1980 Predominantly Black Institution Tenure/Tenure Track Faculty and Administration Hires, 1973-1979 Salary Analysis, September 22, 1978 Box 36: Enrollment Comparisons, 1972-1976 Box 37: Enrollment Comparisons, 1972-1978 Box 38: Enrollment Comparisons, 1980-1981 Box 39: Error Codes: General, 1981 Box 40: Employee Data, 1977; 1980 Enrollment Data, 1981 Error Rate Analysis Notebook, 1981 Financial Data, 1981 Program Offerings Data, 1980 Box 41: Program Offerings, 1980 Box 42: Exhibits: (prepared by DBS Corporation for the Administrative Proceeding; include statistics on UNC System campuses) Volume 1, FTE Enrollments, Expenditures, Appropriations, General Fund Appropriations, Degrees Awarded, Faculty by Rank, Student-Teacher Ratios Volume 2, Faculty by Rank and Highest Degree Earned Volume 3, Programs Offered by Level; Masters Programs Offered by Discipline Division Volume 4, Bachelors Programs Offered by Discipline Division Volume 5, Programs Awarding Degrees All Levels Volume 6, Bachelors Programs Awarding Degrees Volume 7, Enrollments: FTE and Headcount by Race and by Institution Volume 8, Faculty by Full Time/Part Time, by Race, by Tenure, by New Hire… Volume 9, Applicants, Acceptances, New Enrollments Volume 10, Equipment, Plant, Building, and Endowment Assets Volume 11, Plant and Building Assets; Capital Improvement Appropriations and Bonds Volume 12, Debt Service, Operating Expenditures, Other Budget Data Volume 13, Expenditures: Administrative, Instructional, Student Services Volume 14 is missing. (see Addendum, following Volume 17) Box 43: Volumes 15, Library Expenditures, Tuition and Fees, State Appropriations, Operating Revenues (see also Addendum, following Volume 17) Volume 16, Percent Change in Assets (see also Addendum, following Volume 17) Volume 17, Percent Change in Revenues, Expenditures, Square Footage, etc. (see also Addendum, following Volume 17) Addendum to Volumes 14-17 Volume 18, Degrees Earned, 1951-1972 Volume 19, Degrees Earned, 1972-1978 Volume 20, Entrance Rates, Goals, etc.; Employment Data Volume 21, Distribution of First Entering Freshmen and Parity Indexes Volume 22, Student Retention, Progression, and Financial Aid Volume 23, Student Retention, Progression, and Financial Aid Volume 24, Raw Data: Financial Data, Progression, Reasons for Not Returning Volume 25, Student Financial Aid and Retention Volume 26, Degrees Earned, 1974-1975 Volume 27, Full Time Students, Full Time Employees, Expenditures, Appropriations, Degrees Conferred Volume 28, Degrees Conferred by Race; Programs Offered Volume 29, Expenditures/FTE, Revenues, Assets, Etc. Volume 30, Financial Aid; Reasons for Not Returning; Retention Box 44: Minority Presence Reports, 1982-1987 Box 45: Minority Presence Reports, 1988-1990 Box 46: Veterinary Medicine, School of, 1970-1975; 1977-1979; 1981; 1983-1986 (includes Atkins v. Scott materials)