Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: TUESDAY, May 24, 1994 TAG: 9405240081
SECTION: NATIONAL/INTERNATIONAL PAGE: A-8 EDITION: METRO
SOURCE: Associated Press
DATELINE: CHARLESTON, S.C. LENGTH: Medium
``It's not what I had in mind at all,'' U.S. District Judge C. Weston Houck said after reviewing a state brief outlining a number of possible solutions. ``I'm not talking about possibilities. I want to know what remedy you offer the court.''
Houck had said he wanted to both try the question of whether the state-funded school's male-only admissions policy is constitutional and consider remedies during the trial that entered its second week Monday.
``You haven't provided a remedy. This just says if I decide against you in liability, you're going to think about a remedy down the road,'' Houck said.
Shannon Faulkner sued The Citadel claiming its all-male admissions policy to its corps of cadets is unconstitutional discrimination.
The college's defense is that its admission rules are part of a constitutional statewide policy to provide a wide range of choices for South Carolina students in higher education.
The Citadel's proposal in case Faulkner wins her case includes suggestions for sending students to out-of-state military schools, providing support for private women's schools or creating a coeducational corps of cadets at another state college.
``This is absolutely contrary to what I told you we would try in this case,'' the judge said. ``I said I wanted a remedy to be tried at this trial.''
Houck had told attorneys the first day of the trial he didn't want to retry the issue of single-gender education already aired in a case against Virginia Military Institute.
The 4th U.S. Circuit Court of Appeals said VMI must create a parallel program, go private or admit women. A federal judge then approved a plan to leave the school all-male and establish a leadership program for women at Mary Baldwin College, an all-women's school.
Citadel attorney Dawes Cooke said the college still isn't sure whether the court will order a military program or a women's leadership program.
``VMI didn't know either, yet they put $6 million on the line,'' replied Houck, referring to the amount VMI will spend to establish the Mary Baldwin program.
by CNB