Page 4
The Behrend Beacon
Penn
$2.9
by L. Stuart Ditzen
Knight Ridder Newspapers
The Pennsylvania Supreme Court has ordered
the University of Pennsylvania to pay $2.9 mil
lion to a professor for destroying a unique can
cer-research project the man had spent 20 years
developing.
The high court said it had "little difficulty"
in concluding that officials of Penn's School of
Veterinary Medicine had worked an injustice
on faculty member Jorge F. Ferrer, 71, whose
research program collapsed when he was barred
from it in 1991.
The 3-2 ruling, issued Dec. 31, upheld a 1998
Philadelphia Common Pleas Court jury verdict
in Ferrer's favor. The Supreme Court, however,
reduced the jury's $5 million award, saying $2.9
million plus interest was the maximum justi
fied by the evidence.
The state Superior Court earlier had vacated
the jury's verdict on the basis that Ferrer, who
remains a faculty member at the veterinary
school, had not suffered financial harm.
Ron Ozio, a spokesman for Penn, declined
comment last week, saying university lawyers
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had not seen the Supreme Court ruling.
Thomas A. Sprague, an attorney for Ferrer,
said the court's ruling struck a blow for aca
demic freedom.
"What happened here was nothing short of
outrageous," Sprague said. Ferrer "was one of
the country's leading scientists, and he had a
cutting-edge research program until it was
killed by the university."
In a 36-page opinion, Chief Justice Stephen
A. Zappala said Ferrer, a physician and micro
biologist, had been recruited to Penn from
Stanford University in 1969 to study bovine
leukemia. Ferrer's goal was to develop a model
for the study of leukemia in humans.
Over two decades, Zappala wrote, Ferrer ob
tained independent funding, built a research
staff, and developed a unique herd of cattle at
the veterinary school's New Bolton Center, a
600-acre farm in Kennett Square used for teach
ing and animal research.
In 1990, a controversy arose when children
visiting the New Bolton Center were permit
ted to handle lambs from Ferrer’s research pro
gram that had been inoculated with a leukemia
virus
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The lambs, under research protocols, should
have been restricted from contact with visitors.
A university committee investigated and con
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was "not guilty" of misconduct.
Under the rules of the university, Zappala said
in his opinion, the matter should have been
dropped at that point and the dean and provost
of the veterinary school should have made ef
forts to "repair any damages" to Ferrer's repu
tation.
Instead, Edwin Andrews, then the dean of the
veterinary school, barred Ferrer from continu
ing his studies for two years.
Andrews also sent a letter to the Kleberg
Foundation, which funded Ferrer's research, re
porting that the professor had made "serious
errors" in judgment.
As a result, Zappala wrote, Ferrer's leukemia
studies were halted, his funds dried up, his re
search staff disbanded, and his carefully devel
oped herd of cattle was sold.
"The effects of the sanctions," the justice
wrote, "were devastating."
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Bush
opposes
university’s
affirmative
action
policy
by Steven Thomma
and Diego Ibarguen
Knight Ridder Newspapers
Wading into a racially charged issue that has polar
ized Americans for two generations. President Bush
said Wednesday that he would challenge the use of
racial preferences in admissions to public universities
while proposing an alternative way to guarantee di
versity in college classrooms.
Bush's challenge could prove to be a historic turn
ing point in America’s efforts to overcome its legacy
of racial discrimination. If the Supreme Court follows
his approach, efforts to achieve diversity in higher
education - and by extension, in other institutions
throughout society - could shift to standards based on
merit tests or socioeconomic class rather than race.
The president instructed administration lawyers to
make the argument in a brief fded Thursday at the
Supreme Court, in a case challenging the use of racial
preferences in admissions at the University of Michi
gan. It is the first time the high court has considered a
challenge to affirmative action in college admissions
since 1978, and its ruling could affect all public col
leges. The court will hear oral arguments in March.
Bush's move comes at a time when race, always a
strong undercurrent in American politics, has re
emerged as a dominant issue. His two-step approach
Wednesday aimed to take back the initiative on racial
politics by simultaneously appealing to two groups,
conservatives who oppose racial preferences and mod
erates who want to see the government help minori
ties get a leg up.
"I support diversity of all kinds, including racial
diversity in higher education," the president said in a
brief, televised statement from the White House.
"But the method used by the University of Michi
gan to achieve this important goal is fundamentally
flawed. At their core, the Michigan policies amount to
a quota system that unfairly rewards or penalizes per
spective students solely on their race."
Bush criticized the Michigan system as fundamen
tally unfair and unconstitutional. He noted that the
point system it uses to grade applicants assigns more
points for being a racial minority than for getting a
perfect score on the SAT test.
"The motivation for such an admissions policy may
be very good, but its result is discrimination, and that
discrimination is wrong," the president said.
He said the country should look to a different way
of assuring diversity in admissions. He pointed to sys
tems in California, Florida and Texas that guarantee
admissions for the top graduates of every high school.
Those color-blind systems have maintained diversity
in the state college systems without overtly using race
as a criterion.
"In these states," he said, "race-neutral policies have
resulted in levels of minority attendance for incoming
students that are close to, and in some cases slightly
surpass, those under the old race-based approach."
Bush decided on a "narrowly tailored legal attack
that addresses only the policies at the University of
Michigan, without categorically arguing that race never
can be a factor in admissions.
The president weighed in on affirmative action at a
time when race has surged back to the forefront of
American politics.
He and his Republican Party found themselves on
the defensive last month when Republican Sen. Trent
Lott of Mississippi appeared to endorse former Sen.
Strom Thurmond's 1948 segregationist presidential
campaign. Bush condemned the remarks and helped
engineer Lott's ouster as Republican leader in the Sen
ate, but then opened a new round of criticism when he
renominated Charles Pickering of Mississippi for the
federal bench, a man Democrats accuse of racial in
sensitivity.
Democrats vowed to fight Bush, casting his oppo
sition to racial preferences as opposition to minori-
"President Bush had a chance to show he supported
civil rights and diversity, but he failed," said Sen. John
Edwards, D-N.C., who is running for president.
"Once again today, the administration has said as
clearly by their action as anyone can that they will
continue to side with those opposed to civil rights and
opposed to diversity in this country," said Sen. Tom
Daschle, D-S.D., the Democrats' leader in the Senate.