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Fed. Ct. Upholds U. of Texas’ Race-Conscious Admissions Policy—Affirmative Action Victory

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By Zenitha Prince
Special to the NNPA from the Afro-American Newspaper

A federal appeals court recently upheld the University of Texas at Austin’s race-conscious admissions policy, which had been challenged as unconstitutional in a suit brought by White applicant Abigail Fisher.

“To deny UT Austin its limited use of race in its search for holistic diversity would hobble the richness of the educational experience,” Judge Patrick Higginbotham wrote in the 2-1 opinion for the U.S. 5th Circuit Court of Appeals in New Orleans.

Civil rights activists argued that the ruling undergirded the legal footing of affirmative action, as established by the Supreme Court’s ruling in Grutter v. Bollinger, which held that universities and colleges have a “compelling interest” in using race to foster diversity due to its benefits, including better preparing students to compete in an increasingly global market.

“This decision should stand as a declaration of the ongoing importance and legality of affirmative action efforts that holistically evaluate applicants for admission in higher education and for the principle of stare decisis [precedent],” said Sherrilyn Ifill, president and director-counsel of the NAACP Legal Defense Fund. “The court aptly noted that ‘university education is more the shaping of lives than the filling of heads with facts.’ Universities are incubators for America’s future leadership and for civic engagement.”

The 2-1 decision came on July 15 after a three-judge panel of the Fifth Circuit court reviewed the case, which the Supreme Court remanded to the lower court for more exacting scrutiny last year. After the University of Texas’ former quota-based diversity plan was nixed by the courts in 1997, the school system adopted an admissions process guaranteeing entry to all students who graduate at the top 10 percent of their class.

In admitting those students who do not qualify under the 10 percent rule—and with an eye to diversity—the university used a holistic measuring tool that considered academic achievement and other factors such as, racial/ethnic background, extracurricular activities and the applicant’s responsibilities at home.

Under the new test set by the Supreme Court, the appeals court could not merely rubber-stamp UT’s plan, but had to assess whether the admissions program had been “narrowly tailored to obtain the educational benefits of diversity.” The court also had to verify that the use of race was “necessary” to achieve a diverse student body and that there were no viable race-neutral alternatives.

The university met those standards, the review found.

For example, UT had pursued several other options for achieving diversity, including offering scholarships to students from high schools—usually low-income—that were underrepresented in the university’s freshman classes and pursuing various outreach and recruitment initiatives, the court found.The court also cited statistics showing that in 2008, for example, the holistic review process admitted a higher percentage of White students than Black and Hispanic students, negating the argument that it was a means of merely boosting racial quota.

“UT Austin persuades that this reach into the applicant pool is not a further search for numbers but a search for students of unique talents and backgrounds who can enrich the diversity of the student body in distinct ways,” Higginbotham said in the majority opinion, shared by Judge Carolyn Dineen King. “We are persuaded that holistic review is a necessary complement to the Top Ten Percent Plan, enabling it to operate without reducing itself to a cover for a quota system; that in doing so, its limited use of race is narrowly tailored to this role—as small a part as possible for the Plan to succeed.”

A strong dissent was offered by Judge Emilio M. Garza, however, and Fisher vowed to appeal the decision, both steps that could mean that the case is not over and could go back before the Supreme Court.

In his dissent, Garza accused his colleagues of not applying the “strict scrutiny” to the university’s plan that the Supreme Court had directed.

“Simply put, the Constitution does not treat race-conscious admissions programs differently because their stated aim is to help, not to harm,” he wrote.

UT was allowed to get away with its nebulous goal of creating a “critical mass” of African-American and Hispanic students, a goal that was never defined and was, thus, unmeasurable, he argued. As a result, Fisher could not prove that UT’s program wasn’t narrowly tailored to achieve a compelling state goal, a standard required for using race-conscious admission programs.

“Accordingly, it is impossible to determine whether the University’s use of racial classifications in its admissions process is narrowly tailored to its stated goal—essentially, its ends remain unknown,” Garza concluded.

Fisher’s lawyer, Edward Blum, told the Los Angeles Times his client would appeal the latest Fifth Circuit’s decision.

“We are disappointed,” Blum said. “But this court was proven wrong by the Supreme Court in 2013 and we believe they will be proven wrong again.”

Report: Stereotyped Mascots Harmfully Effecting Native American Youth

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By Roberto Alejandro
Special to the NNPA from the Afro-American Newspaper

A recent report prepared by The Center for American Progress found stereotypical team mascots have a harmful effect on American Indian and Alaska Native youth.

Noting that the American Psychological Association issued a call to retire all team and school mascots based on depictions of Native Americans back in 2005, the study emphasized the psychological effects of such caricatures, including testimony from Native American youth.

Among those quoted in the report, “Missing the Point: the Real Impact of Native Mascots and Team Names on American Indian and Alaska Native Youth,” was Dr. Stephanie Fryburg, a psychology professor and expert on the effects of stereotypical mascot depictions on American Indian and Alaskan Native youth.

“American Indian mascots are harmful not only because they are often negative, but because they remind American Indians of the limited ways in which others see them,” said Fryburg. “This in turn restricts the number of ways American Indians can see themselves.”

According to the report, the effect on the self-esteem of those youth has serious consequences, including a suicide rate that is 2.5 times higher than the national average: 31 for every 100,000 American Indian youth, versus the 12.2 for every 100,000 youths nationally.

With the report, the Center for American Progress, an independent, nonpartisan educational institute, has joined the fray over the use of Native mascots in sports, highlighted by the current controversy over the NFL’s Washington Redskins.

In June, the Trademark Trial and Appeal Board of the U.S. Patent and Trademark Office ruled that the Redskins name was disparaging and invalidated the NFL franchise’s trademark over the name. Under U.S. Code, trademarks that disparage persons or bring them into contempt or disrepute are prohibited.

The Story of Tinoris Williams: Did He Have to Die?

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By Jenise Griffin Morgan
Special to the NNPA from The Florida Courier

Tinoris Williams’ life ended violently on April 7 when he was shot in the head by a Palm Beach County deputy sheriff. The family of the 31-year-old said he had an extensive history of mental illness and needed treatment.

Earlier this month, the Williams family’s attorney announced their intent to file a wrongful death lawsuit against the sheriff’s office, stating that Deputy Ernest Cantu used excessive force when he shot and killed the “mentally ill’’ Williams at an apartment complex in West Palm Beach.

Cantu and other deputies had been investigating reports of a burglary in the area when Cantu entered an apartment and was allegedly attacked by Williams, who was unarmed.

The sheriff’s report states that a “violent struggle’’ ensued before Williams was shot.

Many charges dropped

Sheriff Ric Bradshaw called Williams a “dangerous, violent felon’’ after the shooting, but records show that of the more than 30 arrests dating back to 2000, Williams had never been convicted of a felony.

And according to a WPBF TV 25 News investigation, of 26 cases and 35 charges, 28 were dropped or Williams was found not guilty. He spent a total of 70 days in jail and in some cases received probation time. The only violent conviction was one count of battery from 2010.

Insanity defense

In 2012, he was found not guilty of reason of insanity and took mood-altering medication assigned by a psychiatrist.

An arrest report at the time shows that he had thrown a brick through his mother’s window and threatened to kill her and himself.  When deputies showed up, he said he was “a Martian” and was acting under the authority given to him by the United States Constitution.

Jailed, not treated
A report titled “The Treatment of Persons with Mental Illness in Prisons and Jails,’’ states that there are 10 times more mentally ill Americans in prisons and jails than in state psychiatric hospitals. There were an estimated 356,268 inmates with severe mental illnesses in U.S. prisons and jails. There were only 35,000 mentally ill individuals in state psychiatric hospitals.

“Regarding his criminal record and the fact that he’s been Baker Acted so many times, this is not uncommon with someone who is mentally ill,” Miami attorney Jasmine Rand said earlier this month during a press conference. Rand is representing Williams’ family.

“The majority of the charges were dropped because the court found he was mentally ill…The proper place for someone who is mentally ill is seeking treatment. That’s what the parents wanted – treatment for their son.”

Vicky Williams said at a press conference that her son was a good student through high school. When he returned home from college, things changed.

“He just went off to college and something happened to him in college. When he came back, he wasn’t the same,” she remarked.

Another shooting

Williams’ death came just days after Palm Beach County Deputy Evan Rosenthal shot Matthew Pollow, 28, to death on April 2. A report stated that Pollow was shot outside of his mother’s apartment in West Boca after he lunged at a deputy with a screwdriver in his hand.

In the report, Pollow’s family members said he had mental issues and had previous run-ins with the law. Family members have called Pollow, who graduated from Florida Atlantic University, “a nonviolent person.”

Records show he checked himself into a mental health center in 2008 and told officers that he had been diagnosed with schizophrenia and bipolar disorder.

Community meetings

Around the time of these tragedies, mental health experts in Palm Beach County had been strategizing with law enforcement and community groups on “breaking the connection between mental illness and the legal system.’’

Led by Mental Health America of Palm Beach County and its community partners, 400 students, teachers, parents, professionals, providers, first responders, faith advisors, leaders and advocates came together from January to April to share their stories and seek solutions. Seven sessions were held throughout the county.

The sessions followed President Obama’s call in 2013 for a national dialogue on mental health. In response, the Substance Abuse and Mental Health Services Administration (SAMHSA) launched a Community Conversations program.


The goals of the campaign, titled #OK2Talk, were to initiate dialogue, to identify the needs of youth struggling with mental illness in Palm Beach, to develop solutions to support such youth and prevent interaction with the criminal justice system, and to spread awareness and reduce the stigma of mental illness.

Pam Gionfriddo, CEO of Mental Health America of Palm Beach County, said there’s a need for more treatment programs and more training for people working in the criminal justice system.

“What happens in my view is if we don’t catch the illnesses earlier, they are allowed to get worse…until they become a crisis,” she told the Florida Courier. “We’re putting most of our dollars into crisis services.’’

Gionfriddo said services need to start on the front end, noting that the average age when people begin to experience mental health issues is 14 years old.

Available solutions
Recommendations that came out of the community talks included:

Encouraging more training and guidelines for all first responders that include early mental illness recognition and de-escalation strategies;

Developing a separate program to evaluate individuals who might be considered for an arrest but could benefit from a mental health evaluation prior to transport to jail or a hospital emergency room;

Creating a mental health system that improves coordination, cooperation, and communication among systems, including hospitals, schools, behavioral health care, law enforcement, and families;

Decriminalizing mental illness by creating diversion options other than law enforcement.

More than 900 of Palm Beach County’s 2,400 law enforcement and corrections deputies have taken Crisis Intervention Training (CIT), which teaches officers how to handle people with mental illness or a substance use. The 40-hour training, which began in Memphis, Tenn. in the 1980s, is called an effective police response program designed for first responders who handle crisis calls involving people with mental illness, including those with co-occurring substance use disorders.

According to a report released after the #OK2Talk community conversations, many participants said CIT is not enough, stating they “had been arrested, treated roughly, not provided with appropriate care or medications while in jail, and then released with no transition plan.’’

No help

Tinoris Williams’ mother has stated that she tried to get proper care for her son and had tried on occasions to have a judge order mental health treatment but Tinoris wouldn’t show up for the court date.

“I don’t care what he did in the past,” she stated the day after he died. “I don’t care if he was found guilty on any of them charges. If he had a felony, it still doesn’t justify what was done yesterday.’’

Jenise Griffin Morgan, senior editor of the Florida Courier, is a 2013-2014 fellow for the Rosalyn Carter Fellowships for Mental Health Journalism. She is writing a series of stories on mental health for the Florida Courier.

HIV-Positive for 20-Plus Years and 'One of The Lucky Ones'

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By Linda Villarosa
Special to NNPA from The Black AIDS Institute

MELBOURNE, Australia – Steven Watiti was diagnosed with HIV in 1993. His wife was pregnant with their second child when she died of the disease, along with their baby. “That left me with my daughter who was four,” said Watiti, a Ugandan physician. He spoke on a panel at the International AIDS Conference here last week about people who have lived with HIV for 20 years or more. “I thought I’d be dead by the year 2000, and my daughter would join a long list of orphans in Uganda,” he said.

Overcoming meningitis, TB and Kaposi sarcoma, Watiti held on until anti-retroviral medication saved his life. He went back to work and now talks openly about his HIV status with his colleagues and patients. “I am 61,” he said to loud applause. “I have lived half of my life with HIV.”

Several other so-called 20-plus positives joined Watiti, including the moderator Suzette Moses-Burton, executive director of the Global Network of People Living with HIV. She was diagnosed with the virus in 1992, and was told she had two years to live. Twenty-two years later, she says, “I now face a whole host of new problems, and that’s what we’re here to talk about today.”

Long-term survival is a hot topic here, and over the week, a number of panels examined issues related to aging with HIV.

Lwendo Mbulo has been living with the virus all 23 years of her life, though she didn’t find out until age 14 when her parents shared the news. “They told me ‘you got it from us,’” said Mbulo, a member of a people with AIDS group in Zambia.

Though at first she felt like her dreams had been shattered, now medication, support and motherhood have turned her life around. “I can now stand up for my fellow youth to be a voice for them,” she says.

The experiences of the 20-plus positives, differ from those of the newly infected, explained John Rock, a treatment advocate based in Australia. He was diagnosed with HIV 34 years ago.

“Many of us feel like we lost what could or should have been the best years of our life,” he said. “We missed our 30s, our major earning power. We do have good treatments but I have to see a lot of doctors – six specialists.

“For people who were diagnosed in 2000 or after, it’s a very different situation,” Rock suggested, referring to anti-HIV medications, or ARVs. “They are more likely to have started ARVs before there was damage to the immune system. We don’t know the long-term consequences of ARVs, but they work and lead a pretty normal life.”

Still, he added, “I just turned 70. It hasn’t always been easy, but I’m one of the lucky ones.”

The panel also included representatives from The Global Fund to Fight AIDS, Tuberculosis and Malaria, PEPFAR and UNAIDS responding to the comments of the long-time positives and discussing policies and solutions. But when it was their turn to comment, the temperature went from simmer to boil when one of the officials urged the long-time positives to be less quiet and ask for more. That’s when Burton exercised her moderator’s prerogative and let loose a string of blunt, unvarnished remarks.

“While I have no intention of being confrontational and certainly not to Ambassador Birx, I do have a response for you,” said Moses Burton. Deborah Birx oversees PEPFAR, the multi-billion dollar U.S. program aimed at fighting HIV worldwide.

“Part of the reason the voices seem to be quiet, is because the reality is we are tired. I am tired of having to say the same things, to the same circles, to the same people, day after day, week after week, month after month, year after year. I’ve been saying the same thing for 22 years.”

Her voice shaking as she teared up, Moses-Burton continued. “I speak so passionately to our partners especially: help us not be so tired. Help alleviate some of this burden of carrying this thing, all of this responsibility, not just for ourselves, but for our entire community. That is a tremendous burden that nobody prepared us for.”

The tension passed; the community is small and there was no residual drama or ill will between two committed women focused on a shared goal. But the event offered a rare, uncensored moment outside of the more informal and community-oriented Global Village, which is open to the public as well as conference delegates.

In the end another policymaker on the panel bridged the divide between the long-time positives and the officials. “People on the policy side are also close to the realities,” said Mbulawa Mugabe, a UNAIDS deputy director, originally from Botswana. Over a decade ago, he learned that his sister had developed AIDS. Now she’s a grandmother.

“At some point today’s babies born with HIV will be 20, 30, 50,” Mugabe said. “When they begin to age, their needs are going to change, and we have to make sure that at every stage in their life course we can respond and respond appropriately.”

Linda Villarosa runs the journalism program at City College in Harlem and writes frequently about health and social issues. This is the sixth International AIDS conference she has attended as a volunteer reporter. Follow her on Twitter @lindavillarosa.

Minority Teachers Abandon Classrooms; Blacks, Latino Educators Find Other Professions

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By Stacy M. Brown
Special to the NNPA from the Afro-American Newspaper

Minorities are significantly underrepresented in public schools, despite the fact that the number of black and Latino students have increased.

A new report from the Center for American Progress (CAP) in Northwest — “The Leaky Pipeline for Teachers of Color: Getting More Teachers of Color into the Classroom” — revealed that while much has been done in the past 25 years to substantially increase the number of minority teachers, high levels of attrition has offset that success.

“If you spend time in almost any major school district in America today, you will notice that the students often do not look much like the teachers. In fact, in some areas, the students don’t look anything like their teachers,” said Ulrich Boser, a senior fellow at CAP. “There is a significant demographic gap in the largely white teaching profession and an increasingly diverse student population,” he said.

Released on July 7, the report revealed that black and Latinos are more likely to work and remain in high-poverty, hard-to-staff urban schools and districts than their white counterparts; in fact, they often consider it their duty to do so.

What’s more, minority teachers usually are committed to the success of children of color, and they affect a wide range of student academic outcomes, the report’s authors said. They also serve as powerful role models for all students and prove that teaching can be a viable career for minorities.

Deaundra Francis, of Northeast who holds a Master’s of Public Administration, said there are three major hurdles facing minorities who aspire to become teachers.

“After working at the University of Louisiana at Lafayette in the Teacher Prep Student Support Services program, we found that black, low-income, first-generation college students had barriers that prevented them from completing their education degrees,” Francis said.

“Because it’s required by most states and higher education institutions to pass the Praxis I and II exams as well as all required courses, minorities have not been able to do so and they change their majors to something more compatible,” she said. “The second barrier is the financial and family obligations which may hinder future progress toward an education degree and the third barrier that I propose has to do with culture.”

Melissa Mesku, also of Northeast, who works for New Worker magazine, said she once taught at a high school in a poverty-stricken New York neighborhood and circumstances made it difficult for her to continue her career.

“I’m a woman of color and I taught English as a second language [ESL] for refugee and immigrant students and most of the newer teachers were also minorities at my school,” Mesku said. “I stayed for a year. Coming from a disadvantaged economic background, I simply couldn’t afford to continue to live on a teacher’s salary. If I wanted upward mobility, I had to move on to more lucrative work, especially considering the difficulties and commitments required to work in a hard-to-staff school and spending my own money to clothe and feed students and working 13 hours per day with no resources or books.”

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