EMERGENCY LEGAL UPDATE MTG on the Court-Ordered Mediation in the

on the Court-Ordered Mediation in the
Maryland H.B.C.U. Lawsuit
by Attorneys representing the


Wednesday, September 11, 2019
12:00 noon
Huber Memorial Church
5700 Loch Raven Boulevard @ Belvedere
Baltimore, Maryland 21239
P.M. Smith, Pastor



                                         Talking Points for Comments on Status of HBI Coalition Case

The July 30 deadline for a court-directed mediation of the lawsuit brought by a coalition of students, faculty, alumni and other supporters of Maryland’s four historically Black universities has expired without an agreement and the case has returned to the 4th Circuit Court of Appeals for a ruling. During a hearing in December 2017, the appellate court had said that the case could, and should have been resolved earlier and if the two parties were unable to resolve their differences neither side may be happy with a decision from the court.

A lower court ruled in October 2013 that Maryland was operating a dual and segregated system of higher education in violation of the U.S. Constitution and in November 2016  that court ordered the State to address the violation by establishing at each HBI a set of unique and high demand programs  with additional funding for scholarships, recruitment and marketing. The Coalition is simply asking that the state of Maryland abide by the remedy ordered by the court inclusive of the prohibition against unnecessary program duplication in the future.

Academic programs are the heart and soul of a college or university and the court found that Maryland’s Traditionally White Universities have more than a 10 to 1 advantage over the Historically Black Institutions in unique and high demand programs. The severity of the program disparity, coupled with the lack of student financial aid and support for recruitment and marketing, negatively affects the ability of HBIs to recruit a critical mass of faculty, secure appropriate facilities, increase and diversify student enrollment, retain and graduate students, secure government and corporate funding and maintain creditable standing within the academic community.

Contrary to a recent proposal providing for the combining of Coppin University and Baltimore Community College with the University of Baltimore under a new governing board, the issues facing the HBIs are unrelated to structure. Otherwise, those issues would have been addressed in the mid-sixties when HBIs were made part of the Board of Trustees for State Colleges, or in the late eighties when HBIs were incorporated into the University System of Maryland.  Moreover, the Court reasoned that such mergers were not educationally sound.

The problem continues to be Maryland’s policies, practices and politics for the approval and distribution of programs and related resources among its Traditionally White and Historical Black institutions which has given rise to the segregated system of higher education in Maryland. The court has ordered a remedy for addressing the continuing harm done to HBIs under the dual system of higher education and the State appears determined to preserve the status quo.  

Absent the court’s remedy, the injury to Maryland’s HBIs and their students will persist, and their future will continue to be uncertain.  The HBI Coalition refuses to concede such a dismal future for the HBIs and wait anxiously for a ruling from the 4th Circuit Court of Appeals.  Meanwhile HBI students, alumni, faculty, staff and other supporters must continue pressuring Governor Larry Hogan and other lawmakers to spare us the rhetoric and settle the case. It is not enough for our governor to defend the City of Baltimore and our state against the viral attacks of the President of the United States; he must instead transform our HBIs into engines of community change and stability comparable to TWIs in other communities.      


The state has once again failed HBCUs

The state has once again failed HBCUs





Court-Ordered Mediation in HBCU Lawsuit Fails

From Maryland Matters: By Danielle E. Gaines -July 31, 2019


Del. Darryl Barnes (D-Prince George's), chairman of the Legislative Black Caucus. Photo by Danielle E. Gaines


Another round of court-ordered mediation has again ended without resolution in the 13-year case by a coalition of historically black colleges and universities against the state of Maryland.

The most recent deadline – imposed by a panel of three U.S. Fourth Circuit Court of Appeals judges in January – passed on Monday.

The judges had urged the state and the Coalition for Equity and Excellence in Maryland Higher Education to settle the case, “otherwise, the parties will likely condemn themselves to endless years of acrimonious, divisive and expensive litigation that will only work to the detriment of higher education in Maryland.”

Jon Greenbaum, chief counsel for the Lawyers’ Committee for Civil Rights, which represents the coalition, confirmed Tuesday that there was no resolution during the mediation period, but said he remains confident the HBCUs would prevail in court.

The coalition of HBCUs – Morgan State, Coppin State, Bowie State and the University of Maryland Eastern Shore – first filed the case against Maryland in 2006, alleging that the state had failed to dismantle vestiges of segregated higher education, including by underfunding the four institutions and by allowing traditionally white state universities to continue creating new degree programs that were duplicative of programs at the historically black schools.
In U.S. District Court, the coalition prevailed in claims that program duplication had perpetuated the segregation of Maryland’s higher education system.

As a remedy, the coalition wanted the state to stop allowing duplication of educational programs, the development of new and unique programs at HBCUs and more state funding for capital improvements on HBCU campuses. Maryland offered financial settlements which the coalition found inadequate without a concrete plan for implementing reforms.
The state appealed the District Court’s finding in 2017. The case was argued at the Fourth Circuit in December 2018 and, before deciding the matter, the judges placed the case in mediation a few weeks later.
Attorneys on both sides said Tuesday that they could not comment specifically about what happened in mediation. The Maryland Attorney General’s Office declined to comment.

Greenbaum said now that the case is back in the judges’ hands, he expects “to continue to meet with success in this case.”
“What we’re hoping for is that this case can get resolved not too long from now and that the HBCUs will be in a more competitive place,” Greenbaum said.

It’s hard to predict when the case will move forward. No formal notice had been filed with the court about the failed settlement discussions as of 9 p.m. Tuesday.

In an emailed statement, a spokeswoman for Gov. Lawrence J. Hogan Jr. (R) said “the administration is always open to discussions in an effort to settle this case in a fair and equitable manner.”

In 2018, Hogan said he was willing to direct as much as $100 million to HBCUs over the next 10 years to settle the lawsuit. Last year, he discussed the case with members of the Legislative Black Caucus, who considered the prior offer inadequate.

On Tuesday, Del. Darryl Barnes (D-Prince George’s), chairman of the caucus, said resolution of the case will continue to be a top priority for the LBC. Barnes said he was going to reach out to Hogan to see if it’s possible to work as a group to settle the claims.
“It’s something I hope the governor will take a stance and step in and do something about,” Barnes said.
An ideal resolution would include an analysis of duplicative degree programs, an agreement on which schools should offer which programs and some financial award, he said.

However, Barnes is worried that a high-dollar settlement for HBCUs is becoming less likely, especially with the legislative focus on funding the multi-billion-dollar annual price tag to fully implement Kirwan Commission recommendations for improving K-12 education in the state.

“At this point, I’m very disappointed with how things are turning out,” Barnes said about the still-lingering lawsuit. “We have been fighting for our HBCUs and to settle this lawsuit for quite some time. And we will continue to make this a high priority of the Legislative Black Caucus.”


Kurt Schmoke: creating a ‘City University for Baltimore’




Senate President Miller urges resolution of HBCU lawsuit against Maryland over state's treatment of schools


Pamela Wood

Pamela WoodContact ReporterThe Baltimore Sun

Senate President Thomas V. Mike Miller has proposed a number of ways to settle a long-running lawsuit over how the state has treated its historically black colleges and universities.
Speaking Thursday from his seat in the Senate chamber, Miller suggested that the state give Bowie State University money to establish a law school, help fund the purchase of additional land for Morgan State University in Baltimore and reward the University of Maryland, Eastern Shore for a successful physical therapy degree program by creating another sought-after academic curriculum there.


Senate President Thomas V. Mike Miller has proposed a number of ways to settle a long-running lawsuit over how the state has treated its historically black colleges and universities.

Speaking Thursday from his seat in the Senate chamber, Miller suggested that the state give Bowie State University money to establish a law school, help fund the purchase of additional land for Morgan State University in Baltimore and reward the University of Maryland, Eastern Shore for a successful physical therapy degree program by creating another sought-after academic curriculum there.

Mike Miller, a Democrat, urged Republican Gov. Larry Hogan to come up with a meaningful offer to settle the suit.

“This is our message to the second floor,” Miller said, referring to the location of the governor’s office in the State House. “We’re here to help. You come up with a program. You come up with a way to solve this issue. We need a win-win.”

4th Circuit judges say Maryland HBCU lawsuit should be settled, set mediation deadline of April 30

A 12-year-old lawsuit that advocates have called the most important higher education desegregation case in decades “can and should be settled,” according to a panel of judges on the 4th U.S. Circuit Court of Appeals.

The case has pitted a coalition of advocates* of historically black colleges against...

Hogan has offered $100 million in extra funding to the universities over 10 years, but HBCU supporters called that inadequate.

“We are in the process of mediation and remain interested in reaching an agreement that will conclude the case in a way that is fair and equitable for Maryland’s college students,” Hogan spokeswoman Shareese Churchill said Thursday in a statement.

Representatives from the state’s four historically black schools — Morgan State and Coppin State universities in Baltimore, Bowie State and the University of Maryland, Eastern Shore, in Princess Anne — have accused the state of allowing well-funded programs at historically white universities to undermine similar programs at the HBCUs.

The lawsuit was filed 12 years ago, and the courts ruled in 2013 that the state’s actions perpetuated segregation. A federal court ordered mediation to work toward remedies. The court set a deadline of April 30.

The governor has declined to discuss the details because the court has ordered the negotiations to be conducted confidentially. However, Hogan has said he hopes to resolve the lawsuit, supports HBCUs and has offered them increased funding since he’s been in office.

Gov. Larry Hogan said he is open to spending as much as $100 million to settle a lawsuit brought by a coalition of historically black colleges in Maryland, signaling his desire to end a legal battle that has dragged on for more than a decade.

In a letter to Del. Cheryl D. Glenn, chair of the state’s...

Miller said he hopes the case can be settled without an appeal to the U.S. Supreme Court.

“We need to resolve it right now,” he said.

Members of the Legislative Black Caucus of Maryland have urged Hogan to come up with what they call a meaningful offer to settle the lawsuit.

And the Maryland Democratic Party issued a statement Thursday, also calling for a resolution.

The HBCUs “have long played a critical role in our state by educating generations of African-Americans,” said, Maya Rockeymoore Cummings, the party’s chairwoman. “The Maryland Democratic Party fully stands with our HBCUs, and we believe that swift resolution of the lawsuit would be ideal for all parties involved.”


How Alternative Facts Can Create Fake HBCU News

From Inside Higher 

How Alternative Facts Can Create Fake HBCU News

When numbers are misused in a way that reinforces an idea that such institutions are less than most of higher education, we should respond, argues Walter Kimbrough.

February 21, 2019
Dillard University

I have always been of the mind-set that not everyone speaks numbers. People often take numbers and manipulate them to provide an analysis they don’t suggest. Or, more often, people don’t review enough numbers to share a fuller picture of a situation. In this political climate, we’ve seen numbers completely ignored and new ones invented because they support a particular narrative.

Numbers are useful if used properly because they can help provide an understanding of the state of some person, place or thing. As a college president, I am always interested in numbers. How many admissions applications are we converting to admits? What is our current alumni giving rate? What are the records of our basketball teams? (I’m competitive!)

I love numbers.

But I hate when I see numbers incorrectly used as part of news stories. I am even more enraged when the misuse of numbers feed into a narrative that many would like to believe for their own purposes, to support their ideas and beliefs. Unfortunately, I often see numbers misused in a way that tends to reinforce an idea of historically black colleges and universities as less than most of higher education. When I see that happen, I always respond.

Recently, for example, Forbes magazine published a story on its website, “Lower Enrollment Hits Higher Ed Hard, HBCUs the Hardest.”

I want to set the record straight about it, as it reinforced what many people think about HBCUs: that they have no place in 2019.

For starters, the article is based on a faulty premise. It noted correctly that between 2010 and 2016, while all of higher education saw a loss of enrollment of 6 percent, HBCUs faced a loss of 11 percent. Yet during that same period, enrollment at two-year colleges was down 19 percent, and enrollment at for-profit institutions was down 41 percent, almost four times the sector described as being hit the hardest.

I’ve theorized that HBCUs would experience new interest after the 2015 protests at the University of Missouri, which led to protests all across the nation that academic year. While HBCU enrollment still dropped 0.4 percent from 2015 to 2016, it was half the loss of 0.7 percent for all of higher education. For-profit universities’ enrollment dropped 12 percent from 2015 to 2016 alone.

The author of the piece on the Forbes website also cited a 2014 article in the Huffington Post, “No Greater Waste of Money Than an HBCU,” to prove that HBCUs have a reputational problem. She seemingly didn’t understand that the article was a sarcastic one, stating that if philanthropists are simply wasting money, as some argue, they should do so with HBCUs. In fact, the author of that article made the point that it is easy to devalue HBCUs if you only look at surface numbers. This more recent piece, however, was based entirely on such surface numbers.

A more thorough examination of why enrollments at HBCUs declined would have addressed systemic problems. For example, did any events disproportionately impact black students and cause these numbers to drop? Of course. In 2011, the U.S. Department of Education changed the requirements for qualifying for the Parent PLUS loan, and for several years, fewer students qualified. While Bennett College was cited for its struggles in the story published by Forbes, there was no mention of how the college went from having 63 percent of their Parent PLUS loans approved in 2011 to only 18 percent in 2012.

Perhaps the story could have explored how many black families don’t earn a living wage, so abrupt changes in the Parent PLUS loan, or more recently, the ending of the Perkins Loan program, combined with Pell Grant increases not being indexed to inflation, limit opportunities for college. Here in New Orleans, 53 percent of all families are struggling to get by -- either living in poverty or living as ALICE (asset limited, income constrained, employed). And of those, 69 percent are black families, while 30 percent are white families.

In fact, the story could have been about the resilience of HBCUs, despite the wealth inequality and the Parent PLUS changes. It could have been about how wealth inequality more severely impacts black students and is limiting their opportunity to attend any college or university. Black student enrollment declined 15 percent between 2010 and 2016, and over 3 percent alone between 2015 and 2016.

These are objective factors that impact enrollment for all colleges. But they more severely affect the population that overwhelmingly attends HBCUs. Instead of looking at the whole picture, the story painted a misleading view of an entire sector. The fact that the author offered Cheyney University as a flagship, undoubtedly a significant institution historically, rather than Howard University, one of the largest HBCUs with an endowment of almost $700 million, puts an exclamation point on the problems of this type of reporting.

Despite all of the obstacles, there is considerable interest among many students today in attending HBCUs. With the continuation of incidents of black students being challenged at colleges where they are enrolled, more and more students and parents are taking a new look at HBCUs. And it doesn’t hurt when one of the biggest stars on the planet, Beyoncé, does an HBCU-themed performance at Coachella.

I have said over and over that I hate when those in the HBCU community proclaim that we need to tell our stories. Not only do we often fail to tell our stories, we sit quietly when false stories are shared.

Today, we need a modern, data-driven and unapologetic fact-checking approach to present HBCUs in a fair and accurate light. Yes, like all of higher education, we have challenges -- significant ones based on the economic factors impacting our primary population. But we can’t ignore it any longer when those challenges are presented in the worst possible light.

My pastor often references Dietrich Bonhoeffer, who once said, “God will not hold us guiltless. Not to speak is to speak. Not to act is to act.”

I am always going to speak. The question is: Who is with me?


Walter Kimbrough is president of Dillard University.



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Focus Retriever

Gov. Hogan discusses HBCU settlement with black caucus