Path: bloom-picayune.mit.edu!snorkelwacker.mit.edu!americast.com!americast.com!americast-post Newsgroups: americast.twt.metro From: americast-post@AmeriCast.Com Organization: American Cybercasting Approved: americast-post@AmeriCast.com Subject: Appeals court passes on VMI admission case Date: Thu, 19 Nov 92 15:23:03 EST Message-ID: \SE B;METROPOLITAN \SS (WS) \HD Appeals court passes on VMI admission case \BY ASSOCIATED PRESS \DT RICHMOND RICHMOND - Virginia Military Institute's battle to remain all male will not be fought before the full 4th U.S. Circuit Court of Appeals, the court decided yesterday. The court voted 8-2 not to review a three-judge panel's ruling that could force the Lexington school to admit women. The case now could go back to U.S. District Judge Jackson Kiser, as the three-judge panel directed, or VMI could appeal to the Supreme Court. "We are going to be considering the available options and conferring with the Board of Visitors, which will consider the next step," VMI attorney Anne Marie Whittemore said. But VMI spokesman Mike Strickler said the board likely will rely on the advice of its attorneys. "They're the experts," he said. "The lawyers are going to determine the next step." U.S. Justice Department spokeswoman Amy Casner said: "We are pleased with the decision. We don't want to say a whole lot until we find out if they're going to appeal to the Supreme Court." The Justice Department challenged VMI's all-male policy on behalf of a Northern Virginia teen-age girl. Last month, the appeals panel stopped short of ordering the state-supported school to admit women. Instead, it directed the state to implement a policy guaranteeing that women have equal access to the type of education offered at VMI. Virginia might decide to admit women to VMI, establish a similar school or program for women elsewhere, force the school to go private, or pursue "other more creative options or combinations," the panel said. The case was sent back to Judge Kiser, who had ruled that VMI could remain all male because its unique schooling adds to the diversity of higher education in Virginia. VMI has argued that admitting women would undermine the 1,300-student school's mission of producing citizen-soldiers. Much of the debate over VMI's policy focused on whether women could endure the school's rigorous physical training. The appeals panel said a less strenuous regimen could be offered at an all-female school using VMI's objectives and procedures. VMI and The Citadel in Charleston, S.C., are the only all-male, state-supported schools in the nation. The American Civil Liberties Union has filed a lawsuit challenging The Citadel's admission policy. This article is copyright 1992 The Washington Times. Redistribution to other sites is not permitted except by arrangement with American Cybercasting Corporation. For more information, send-email to usa@AmeriCast.COM