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July 28, 1976


The opinion of the court was delivered by: GASCH

 This is an action under Title VI, section 601 of the Civil Rights Act of 1964, 78 Stat. 241, 252, 42 U.S.C. § 2000d, alleging that defendants have discriminated against plaintiff on the basis of race in the allocation of financial aid to students at the Georgetown University Law Center. Plaintiff also bases this action on Sections 9.1 and 17.1 of the District of Columbia Human Rights Law, Title 34, D.C. Rules and Regulations. Plaintiff seeks a permanent injunction against these alleged discriminatory actions and $3,700 in damages, representing the amount of financial aid plaintiff alleges he would have been awarded had he not been the subject of this alleged discrimination.

 Plaintiff has moved for summary judgment. Defendants have opposed this motion, arguing that there are material issues of fact in dispute which preclude summary judgment and that as a matter of law plaintiff is not entitled to judgment. Upon consideration of the entire record herein and for the reasons to be detailed in this Memorandum, the Court concludes that plaintiff is entitled to a partial summary judgment on the question of liability but the determination of damages (if any) must await further action by the parties.


 Plaintiff is a white (Caucasian) student, enrolled since September, 1973, at Georgetown University Law Center. *fn1" The defendants are (1) the President and Directors of Georgetown College (hereinafter Georgetown), an institution of higher learning chartered in the District of Columbia; (2) Robert S. Henle, S.J., President of Georgetown; (3) the Georgetown University Law Center (hereinafter Law Center), a division of Georgetown; (4) David J. McCarthy, Dean of the Law Center; and (5) David W. Wilmot, Chairman of the Law Center Committee on Financial Aid. *fn2"

 Since 1967, the Law Center Committee on Admissions with the approval of the Law Center faculty has developed an Affirmative Action program in an effort to increase the enrollment at the Law Center of certain "minority" students. *fn3" Efforts were made to recruit potential "minority" students, and to develop proposals for financial assistance to "minority" students. By 1972, however, these efforts had achieved relatively little success. The Law Center's Ad Hoc Committee on Minority Affairs attributed this to the lack of financial assistance opportunities available to potential "minority" students. This Ad Hoc Committee presented certain proposals to the Law Center faculty in February, 1972. On February 24, 1972, the faculty passed a resolution which defendants summarize as follows:

the Law Center Admissions Committee would consist of five faculty members and three students representing student groups known as La Raza, BALSA and the Student Bar Association; the Committee would, inter alia, in reviewing and passing upon applications for admission, give renewed consideration to those "minority" or "disadvantaged" persons not clearly acceptable based upon traditional admissions indices; sixty percent (60%) of available scholarship funds for the freshman class in 1972 would go to such persons ; and the program would continue for three years. *fn4"

 The scholarship funds that are made available 60% to "minority" students and 40% to "non-minority" students are funds that originate from Georgetown's own revenues, and are referred to as "Direct University Scholarships." *fn5" The term "minority" student as used by the Law Center in implementing these policies includes not only persons in discernible ethnic and racial groups (Black Americans, Native Americans, Asian Americans, Spanish-speaking Americans), but also applicants with social, educational, cultural, and/or financial disadvantages. The defendants assert, "under this minority definition applied by the Office of Admissions, other ethnic or social groups, including whites or Caucasians, may qualify and have qualified for minority status." *fn6" Defendants further indicated that in plaintiff's first year class of 623 students there were 68 "minority" students, or less than 11%.

 Within the two groups of first year students, "minority" and "non-minority," the scholarship funds are distributed on the basis of demonstrated financial need, as reflected in the standardized, confidential Graduate and Professional School Financial Aid Service (GAPSFAS) form submitted by all applicants to the Educational Testing Service (ETS) in Princeton, New Jersey. The information in this form is evaluated by ETS which submits to the Law Center a confidential "Summary of Applicant's Resources." Based on these documents the Law Center's Financial Aid Office makes an assessment of the applicant's financial aid need in light of tuition costs, expenses, and related considerations. In 1973, plaintiff's first year at the Law Center, this total cost was estimated to be $5,400 for a single, full-time student. From this figure an applicant's total assets are subtracted and a scholarship determination is made.

 From data disclosed in discovery it appears that the amount of financial aid given is in direct relation to the financial need estimate. The table set out in the margin n7 was compiled by plaintiff in his affidavit from information supplied by the defendants in discovery. It contains information on plaintiff and those minority students whose financial need data was computed on the same ETS basis and who were awarded scholarships in the 1973-74 school year. n7 Student Direct (Minorities University identified ETS Financial Scholarship by numbers) Need Estimate Award 6, 9, 11, 16, & 38 $4800 $2500 2 4785 2500 35 4775 2500 33 4760 2500 19 4741 2500 23 4670 2500 24 4600 2500 3 4530 2500 31 4420 2070 1 4300 2500 10 4220 2500 30 4010 2500 15 3800 2500 25 3580 1875 17 3510 2500 5 3380 2170 37 3200 700 14 3170 2170 Plaintiff 2700 400 12 2550 1885 26 2300 1825 28 2190 1895


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