Judge Allows Students to Help Defend Georgia's Admissions Policy
ATHENS, Ga. — Several students concerned about the state's efforts to defend the University of Georgia against a high-profile lawsuit alleging discrimination in the school's admissions policy have added themselves as defendants in the case.
Ken Dious, an attorney here who represents the students, some of whom are Black and others of whom are White, says the seven doubt the determination of state lawyers and want to bolster the university's chances in court.
"We are asking that the university's policy be found constitutional," Dious says. "We think it's a good plan. The [U.S.] Supreme Court has said many times that race can be considered — as long as it's not the predominant factor."
U.S. District Judge B. Avant Edenfield ruled last month that the seven students could join the case. Nia Ervin, Julius Johnson and other students unnamed in court documents — enrolled at the university or Athens high schools.
The students "are more than just citizen bystanders expressing a concern for the racial diversity of" the university, Edenfield wrote. "Rather, they include prospective African American applicants who could potentially receive the racial bonus points that UGA's admissions policy currently affords.
"Likewise, present UGA students are directly affected by an admissions policy that likely will determine the racial composition of their future classes," he wrote.
But Dr. Farris Johnson Jr. and his wife, Erin, say they were surprised to learn their children were included among the new group of litigants. Erin Johnson says lawyers listed the two high school students in the federal claim without the couple's consent.
"We were surprised and a little dismayed," she says. "We just didn't want any negative repercussions for the kids. We feel they're too young to be enjoined as defendants."
The Athens couple has asked that their children be stricken as defendants.
The university admits about 85 percent of freshmen based on grades and test scores. But race is one of several factors the school looks at when considering borderline students, who make up 10 percent to 20 percent of each freshman class.