Commentary: FAMU-FSU School School of Engineering, Letters to Governor Rick Scott

Mr. Alvin O. Chambliss, Jr., Esq.
B.A. Jackson State University (1967)
J.D. Howard University (1970)
LL.M. University of California, Berkeley (1972)
Photo Courtesy: Indiana University

NEW YORK, New York -- FROM e-mail: Can you kindly post the communications to Governor Rick Scott on your website. This has major implications for all HBCUs -- separate but equal is not equal.  We are posed to revisit Brown v Board of Education on the 60th anniversary of this Supreme Court decision.  Sincerely, Willie L. Bryant, D.D.S.  Attachments.

1. Letter to Governor Scott from "the last original civil rights attorney in America," Alvin O. Chambliss Jr. (See Below)

Alvin O. Chambliss & Associates

3022 South Lamar Boulevard

Oxford, MS 38655
(662) 380-7400


April 7, 2014

The Honorable Rick Scott
Governor
The Capitol
400 South Monroe Street
Tallahassee, FL 32399-0001

Dear Governor Scott:

I am writing to express our concern about the impact of any decision to separate the College of Engineering jointly operated by Florida A&M University (FAMU) and Florida State University (FSU), by the State of Florida. This unwarranted return to duplication of a unique and attractive program that places Black and White students within a unitary setting cannot sustain constitutional muster.1  1 United States & Ayers v. Fordice 505 U.S.717(1992)

We do not propose to mince words. We find the position of State Officials shocking and appalling. A return to separate but equal after over 100 years of racial discrimination in Florida’s state-wide system of Public Higher Education will place the state in jeopardy of losing federal funding, moreover, our concerns extend not only to the racial impact this action will have in the State of Florida. It also invites other states that operated de jure segregated Higher Education systems to abandon their affirmative duty under the equal protection clause of the Fourteenth Amendment to the Constitution and Title IV and VI of the Civil Rights Act of 1964 to dismantle those systems and their vestiges. The so-called Adams States numbered 19 states and the District of Columbia that had segregated policies and practices at the time of Brown v. Board of Education in their Higher Education state-wide systems. [347 U.S.483.](1954). Adams v. Richardson 356 f.supp.92; 480 F.2d 1159(D.C. Cir. 1973).

In the Adams case H.E.W. was ordered by court to develop "Revised criteria specifying the ingredients of acceptable plans to desegregate State Systems of Public Higher Education" (43 FR.6658). The Supreme Court made clear in U.S. & Ayers v. Fordice that (1) a State will not have complied with its Affirmative duty to dismantle the vestiges of segregation if it merely adopts race-neutral policies and (2) "(i)f practices traceable to its prior system that continue to have segregative effects -- whether by influencing student enrollment decisions or by fostering segregation in other facets of the university system -- and such policies are without sounded educational justifications and can be practicably eliminated, the state has not satisfied its burden of proving that it has dismantled its prior system (112 s.ct.2735, 2737). The Supreme Court emphasized that the burden of proof falls on each State to establish that it has dismantled its prior de jure segregated system (112 s.ct.at 2741).

If we understand Senator John D. Thrasher correctly, his amendment establishes a separate FSU College of Engineering solely so that it may be publicly financed for private choice.  

According to reports, Dr. Garnett S. Stokes states FSU’s goal of reaching the Top 25 Public Universities and the desire to develop biomedical engineering degree in conjunction with the John D. Thrasher College of Medicine among other things.

The reasons advanced for closure, Re-segregation and/or racial exclusion of substantial Black students from a unitary environment free of racial discrimination and to make aggrieved individuals whole is telling. Florida cannot prove that it has undone its prior segregation by dismantlement of an existing unitary engineering program. Florida ignored the historic interest of many in the State who desire integrated educational opportunities. In light of the State’s long history of discrimination, and the lost educational and career opportunities and stigmatic harms caused by discriminatory educational systems… the proffered justification for separating the program seem to be a mask to perpetuate continued racial discrimination.

Finally, while we do not desire to be irresponsible or unduly personal in our criticism, we wonder whether the State of Florida has crafted, to FSU’s interim president April 4, 2014 response to FAMU-FSU College of Engineering separation proposal, "Trojan Horse."

The utterance of a "gift", the preeminence metrics created by the Florida Legislature and the performance metrics created by the Board of Governors suggest a larger plan to re-establish segregation under the guise of race neutral policies and practices. The "separate but equal doctrine" adopted in Plessy v. Ferguson 162 U.S. 537(1896) has no place in Public Education. In Brown I, the Court said that "separating the races is usually interpreted as denoting the inferiority of the Negro group", 347 U.S. at 493-94. It is too late in our nation’s history to ignore statements, said or silent that is little more than code phrases for racial discrimination. What is it that makes the joint college less desirable than a separate engineering college? Students, more specifically Black students’ exclusion! To paraphrase, they are "undesirable traffic; and, thus a barrier was erected to separate the communities. Whether the proposed action by the State of Florida rises to the level of "incident and badges of slavery", in violation of the 13th amendment is an open question. City of Memphis v. Greene 451 U.S. 100 (1981)

The nation and the State of Florida have worked very hard to ensure that programs of inclusiveness be fair and even handed. It is tragic that at this time Florida is compelled to illegally turn back the clock on equal opportunity.

Sincerely,

Alvin O. Chambliss, Jr.,  

2. Rep. Alan Williams, Chairman, Florida Legislative Black Caucus, April 8, 2014 Letter to Governor Scott and Florida Legislative Leaders (.pdf)

3. FSU's Interim President, Dr. Garnett Stokes, issued the following statement (April 4, 2014) regarding the proposal to separate the FAMU-FSU College of Engineering

4. Dr. Willie L. Bryant, D.D.S. letter to Governor Scott, dated April 3, 2014 (See Below).

---------------
April 3, 2014 

 

The Honorable Rick Scott

Governor

The Capitol

400 South Monroe Street

Tallahassee, FL 32399-0001

 

Dear Governor Scott:

 

In the beginning there were three state institutions now known as: University of Florida (UF); Florida State University (FSU) and Florida A&M University (FAMU).  The University of Florida was established as a college for White men; Florida State University was established as a liberal arts college for White women; and, Florida A&M University was established as a coeducational institution for African Americans.

 

During these days of segregation, the State of Florida designated Florida A&M University as a Morrill Act 1890’s land grant institution.  In order for land-grant institutions to retain their land-grant status, they had to include programs in agriculture, engineering (once called mechanical arts) and ROTC.  This designation carried with it the notion that Florida A&M University would be a comprehensive institution, the same as the University of Florida.  The University of Florida carries its land-grant designation from the Morrill Act of 1862.   Thus there are only two land grant institutions in the State of Florida. 

 

In the early 80’s FAMU requested to be given authority to operate an engineering school.  FSU made the same request.  To settle these requests, the legislators passed a bill and the governor signed into law a statue mandating that these two universities work together to create a joint college.  This was in keeping with their respective missions, and their legacies to educate African Americans and women.

 

If the FAMU-FSU College of Engineering is dissolved then there can only one engineering college and that college should be established for FAMU based on the embodiment of the 1890’s land grant designation.

 

Also, to allow FAMU and FSU to operate two separate engineering colleges is a violation of the plan submitted by the State of Florida to desegregate its public educational system.  The State of Florida agreed not to produce duplication of programs for the two state schools in Tallahassee.  Senator Thrasher’s actions today to establish a FSU College of Engineering debases this plan and opens the State of Florida up to a dual system of education.  It also tramples on the principles of Florida’s desegregation plan that was accepted by the Office of Civil Rights under the U. S. Department of Education.

  

Clearly Governor Scott, if you permit Senator Thrasher’s amendment to establish a separate FSU college of engineering; the stakeholders of FAMU and the citizens of Florida have no other choice but to believe your will is to implement the once dismantled dual educational system.

 

Secondly, you as governor have ceded to Senator John Thrasher that he is the Governing Body of all higher education in the State of Florida.  That he can completely ignore the established constitutional provisions for governing higher education in Florida.  Already, Senator Thrasher has shown contempt by establishing the FSU medical school, which the BOG did not approve by utilizing his position in the House as speaker, holding out $50 million dollars and bringing it out during conference, taking no objections and allocating it to FSU.  This was a unilateral action devoid of the handprint of the governing system of Florida.  It was allowed to stand and was not vetoed by your predecessor. 

 

Now, we are at another Thrasher occurrence where he is substituting himself as the Board of Governors, the FAMU Board of Trustees, FSU Board of Trustees, the FAMU President and the FSU president by submitting an amendment into legislation for a stand-alone college of engineering program at FSU.  This shows Senator Thrasher’s disrespect and contempt for FAMU and the citizens of Florida.   

 

Mr. Thrasher’s intentions do not embody what is best for all the citizens of Florida.  No matter what gets broken, hurt or how unfair it is, Mr. Thrasher stands to achieve his personal ambition at the expense of Florida A&M University and Florida’s citizens. 

 

If Mr. Thrasher’s actions stand, Mr. Governor, we must by any means necessary make sure our alma mater is protected and not trampled upon by those who wish it harm.  There must not be another engineering school.  The joint program must stand.

 

Governor Scott, we with every bit of hope in our body request that you intercede and prevent Senator Thrasher’s amendment from coming into existence and trust that you will provide the leadership to prohibit Florida from this egregious act.   Along with many, many alumni, I am dedicated to the perseverance and the best for our alma mater.  Out of the desire to make sure that FAMU is not dealt with or mistreated we will do everything within our power to that end.  

 

Finally, I call upon you to use everything within your power to veto this bill if it comes to your desk.

 

Sincerely,

 

 

Willie L. Bryant, D.D.S.

Class of 1961

 

CC:

Senator John Thrasher

Will Weatherford, Speaker of House

John Gaetz, President of the Senate

Marshall Criser, Chancellor, Florida SUS

President Elmira Mangum, FAMU

Chairman Solomon Badger, FAMU BOT

Interim President Garnett Stokes, FSU

Chairman Allan Bense, FSU BOT

Sen. Bill Montford

Rep. Alan Williams

Black Caucus

FAMU Alumni

Miami Times

Tallahassee Democrat

Tampa Bay Times

Miami Herald

Orlando Sentinel

Tampa Tribune

The Lawyers’ Committee for Civil Rights

Office of Civil Rights, U. S. Department of Education

Atty Alvin Chambliss  

 

Note to Readers:
I was unable to post Attorney Alvin O. Chambliss, Jr., letter in its original .pdf form due to technical issues with my Adobe software.  However, the letter to Gov. Scott was signed by Attorney Chambliss.  This is a must read document also -- Chambliss, Alvin O.(1944–) - Lawyer, civil rights activist.  Thank you, beepbeep 


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