plaintiffs had submitted to defendants on April 1, 1974 an extensive memorandum which had specified the importance of obtaining from each state specific commitments for change and in particular as concerns the desegregation of student bodies, of faculties, the enhancement of Black institutions long disadvantaged by discriminatory treatment, and desegregation of the governance of higher education systems.
5. The failure of the plans accepted by HEW in 1974 to achieve desegregation progress is not disputed by the defendants. In the deposition taken of OCR Director Holmes in October of 1975, he conceded (Tr. 29-30, 50-51) that the general segregated pattern in student attendance and faculty assignment which had existed before the plans were accepted remained substantially unchanged. More recently, counsel for defendants conceded to this Court in argument of January 17, 1977 (Tr. 37) that the plans "haven't worked."
6. The deposition taken of OCR Director Martin Gerry on January 13, 1977 further confirms the lack of progress, and the need to obtain specific commitments necessary for a workable higher education desegregation plan. Director Gerry so conceded concerning admission, recruitment, and retention of students (Tr. 5-15), concerning the placement and duplication of program offerings among institutions (Tr. 17), the role and the enhancement of Black institutions (Tr. 15-18), and concerning changes in the racial composition of the faculties involved (Tr. 20-22). Mr. Gerry generally conceded that in retrospect the 1974 plans lacked "standards of clarity and specificity" and the necessity that HEW "get about the business of changing them or altering them." (Tr. 15-19).
7. Based upon the foregoing findings the Court concludes that, in violation of Title VI of the 1964 Civil Rights Act, defendants are continuing to grant federal aid to public higher education systems which have not achieved desegregation or submitted acceptable and adequate desegregation plans in the states of Arkansas, Florida, Georgia, North Carolina, Oklahoma, and Virginia. The Court makes no present finding, and defers further action, respecting the states of Louisiana and Mississippi which are the subject of judicial enforcement proceedings elsewhere; the state of Maryland whose claim that HEW failed to adequately engage in voluntary compliance is pending before the Court of Appeals for the Fourth Circuit; and the state of Pennsylvania which is engaged with plaintiffs and defendants in settlement negotiations.
8. The Court of Appeals has already noted (Adams, supra, at 1164), "Perhaps the most serious problem in this area is the lack of state-wide planning to provide more and better trained minority group doctors, lawyers, engineers and other professionals. A predicate for minority access to quality post-graduate programs is a viable, coordinated state-wide higher education program that takes into account the special problems of Black colleges. * * * These Black institutions currently fulfill a crucial need and will continue to play an important role in Black higher education." The process of desegregation must not place a greater burden on Black institutions or Black students' opportunity to receive a quality public higher education. The desegregation process should take into account the unequal status of the Black colleges and the real danger that desegregation will diminish higher education opportunities for Blacks.
Without suggesting the answer to this complex problem, it is the responsibility of HEW to devise criteria for higher education desegregation plans which will take into account the unique importance of Black colleges and at the same time comply with the congressional mandate.
Now, therefore, it is hereby ORDERED and DECREED that:
1. Defendant shall promptly notify the States of Arkansas, Florida, Georgia, North Carolina, Oklahoma, and Virginia that the higher education desegregation plans submitted by them to HEW in 1974 are not adequate to comply with Title VI of the 1964 Civil Rights Act.
2. Within 90 days from the date of this Order, defendants shall transmit to the six states and serve upon the plaintiffs and this Court final guidelines or criteria specifying the ingredients of an acceptable higher education desegregation plan.
3. Defendants shall require each state to submit, within 60 days of receipt by said states of the final guidelines or criteria, a revised desegregation plan.
4. Defendants shall accept or reject such submissions by the said states within 120 days thereafter.
5. Plaintiffs' representatives shall be afforded timely access to all submitted desegregation plans in order to comment on said plans and shall continue to receive the biannual reports on higher education compliance required by Paragraph 1B(2)b of this Court's Order of February 16, 1973.