Regents oppose affirmative-action ban

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By MELISSA LEE / Lincoln Journal Star

The University of Nebraska Board of Regents on Friday gave its unanimous disapproval to a proposed amendment to the state’s constitution that would ban affirmative action in public education and employment.

The amendment, which will appear on November ballots if supporters gather enough petition signatures, would end the use of racial, gender and ethnic preferences by public colleges and state agencies.

If passed, it could have a dangerous effect on university programs and practices that aim to diversify the campuses, NU officials warned.

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Harvey Perlman

Harvey Perlman

Scholarships for minority students, women’s commissions, minority recruitment efforts and numerous other programs could be at risk, they said.

“And I worry as much about the symbolism as the petition itself,” University of Nebraska-Lincoln Chancellor Harvey Perlman said. “It sends a message that Nebraskans don’t care about diversity.”

The initiative is led by Ward Connerly, a California businessman who has successfully spearheaded similar efforts in Washington, Michigan and his home state.

Nebraska is one of five states being targeted by Connerly this year. The others are Arizona, Colorado, Missouri and Oklahoma.

In Nebraska, supporters need to gather about 115,000 voter signatures by July 4. They’re confident they will do so, and that voters will pass the measure in November.

“Nebraskans are fair-minded people,” said Doug Tietz, executive director of the Nebraska Civil Rights Initiative, which supports Connerly’s mission.

“They know that people shouldn’t be judged by what they look like. It’s as simple as that.”

A number of programs across NU’s four campuses seek to recruit and retain minorities, women and international students. They include Native American College Day at UNL, Cultural Unity Conference in Kearney and the Black Executive Exchange Program in Omaha.

Campuses also are home to chancellor’s commissions on the status of women and people of color and other race- or gender-specific groups. In addition, the university hosts meetings and conferences for outside organizations that are race- or gender-based.

All those things — as well as the university’s ability to recruit international students from specific countries — could be on shaky ground if the Connerly initiative passes, NU leaders fear.

“The language is so broad,” said Carmen Maurer, NU associate general counsel.

Particularly as Nebraska experiences a boom in its Hispanic population, NU must be able to make specific efforts to recruit underrepresented populations, regents said.

“If they don’t succeed, we don’t succeed,” said Regent Chuck Hassebrook of Lyons. “Those folks face special barriers to getting into college.”

Echoed NU President J.B. Milliken: “We must maximize and leverage the talent of all Nebraskans.”

NU officials acknowledged they couldn’t say exactly how the Connerly initiative might affect NU’s race- or gender-specific programs, or how the initiative has played out in states where it has passed. Perlman did say minority recruitment in those states has taken a hit.

But colleges in those states still can — and do — promote diversity, Tietz said.

The University of California San Diego, for example, still has a women’s center, a diversity council and a chief diversity officer, according to its Web site.

The university simply is prohibited from denying anyone a scholarship or membership to an organization based on race or gender, Tietz said.

“Our mission is simple: It is about ending judging people based on physical characteristics,” he said.

Tietz accused NU of using scare tactics by raising the possibility the Connerly initiative could put certain race- and gender-based programs at risk.

“This game plan of, ‘Oh, we’re not sure and we’re going to raise these questions of fear or doubt,’ I mean, come on,” he said. “A question to ask the chancellor is: Do you truly believe this?”

Perlman does.

He said he’s unwilling to endanger programs that show NU cares about diversity.

“Why would you want to put those things in jeopardy?”

Reach Melissa Lee at 473-2682 or mlee@journalstar.com.