Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: THURSDAY, March 22, 1990 TAG: 9003221809
SECTION: VIRGINIA PAGE: B1 EDITION: METRO
SOURCE: MARGIE FISHER RICHMOND BUREAU
DATELINE: RICHMOND LENGTH: Medium
In a motion filed in U.S. District Court in Roanoke, the governor's office contended that Wilder is not an appropriate party in the suit and the complaint against him should be dismissed because he has played no role "in establishing or maintaining VMI's allegedly discriminatory admissions policies."
Wilder's office said the VMI board is responsible for establishing the school's policies, and any remedy should be sought from the board.
Wilder, who was inaugurated in January as the first black elected governor in the nation and who was once denied admission to the University of Virginia law school because of his race, has consistently declined to say whether he thinks VMI's all-male policy is discriminatory and should be ended. He has been criticized from several quarters for his refusal.
The action taken by his office Wednesday suggests that he is politically uncomfortable being labeled as a defendant in a suit alleging discrimination and that he may want out from under the litigation so he can speak his mind.
Wilder's press secretary, Laura Dillard, said, "This is the first step to enable the governor to take a stand distinct from the VMI board." That stand, however, still may not reflect his personal opinion, she said.
Dillard said one of Wilder's major concerns is that the state's entire system of higher education should not be, in effect, put on trial.
If the court should rule that the governor and the state are defendants in the Justice Department's complaint against VMI, that would implicitly bring the entire state system into the case. Dillard said it is fair to say Wilder is trying to isolate VMI in this matter.
Attorney General Mary Sue Terry has agreed to represent VMI, saying she believes the school can offer a viable defense of its admissions policy. Terry's defense rests in large part on the traditional diversity of the higher-education system in Virginia.
Wilder also has filed an order exempting Terry from representing his interests in the case. Instead, Wilder would be represented by Walter A. McFarlane, the governor's personal counsel, and by three private attorneys on a no-fee basis. They are Benjamin R. Civiletti, a former U.S. attorney general; John Henry Lewin Jr.; and James A. Dunbar, all of Baltimore.
Wilder's office said he respects the VMI board's desire to defend the admissions policy. But if the federal court in Roanoke decides not to remove Wilder as a defendant, "further action may become necessary," which is why Terry has been exempted from representing him.
Dillard would not say what further action the governor may have in mind. "We'll cross that bridge when we come to it," she said.
Joseph Spivey of Richmond, president of the VMI board, was not available for comment Wednesday.
The Justice Department's lawsuit lists defendants as Wilder; the state; VMI, its board and superintendent; and the state Council of Higher Education and its members and officers.
The suit accuses VMI of discriminating against women by limiting admission to its four-year undergraduate program to men. The suit seeks to end the all-male policy and asks the court to order a remedy.
In the motion filed for Wilder, his attorneys argue that the governor should not be named among the defendants because he has nothing to do with VMI.
Under state law, the General Assembly controls VMI, and the board of visitors and superintendent operate the school. "There is no allegation that the governor is responsible under Virginia law for operating VMI. In fact, there is no allegation that during VMI's 151-year history Governor Wilder has had anything to do with the institution," the motion says.
The legal assertions that Wilder can do nothing affecting the school, however, do not recognize the political reality of the situation: The governor can strongly influence the policies of state-supported schools through appointments to their governing boards.
Four reappointments to the VMI board are pending in Wilder's office. The four potential reappointees had voted in support of the current admissions system.
by CNB