After a nearly seven-hour court hearing Thursday, Judge Timothy Kelley of the 19th Judicial Court in Baton Rouge denied the injunction filed against Gov. Bobby Jindal and the Board of Regents.
The suit, which was filed on Feb. 14 by former Sen. Cleo Fields on behalf of seven Southern University students, stated the Board’s current makeup was unconstitutional.
It also temporarily suspended the Board’s study on merging the University of New Orleans and Southern University-New Orleans, which has since resumed.
Kelley rendered his decision with a 29-page explanation highlighting the students’ failure to prove the necessary elements for the injunction and inability to provide arguments “rooted in fact.”
The suit said the Board is not representative of the state’s population, as it has no racial minority members and only four women.
“We’re pleased with the Court’s ruling to allow the merger study to continue,” Jindal said in a news release. “As we’ve said all along, this issue isn’t about politics, turf or management boards — it’s about doing what’s best for students.”
But not everyone agreed the decision was best for students.
More than 200 guests showed up to defend their university, wearing Southern apparel and specialized T-shirts that said “SUNO Yesterday, SUNO Today, SUNO Forever.”
The courtroom filled to capacity, and guests poured out into the lobby area.
Following the verdict, Fields announced he and the students would file an appeal.
Several of the students testified and agreed they were being misrepresented.
The students said though the lawsuit was separate from the merger study, the talk of altering their system affected them.
“The mere mention of the merger and all the coverage it has had has harmed SUNO,” said Ellis Brent Jr., SUNO management information systems senior.
Brent, who is vice president of the SUNO student government, said students are questioning the fate of their school.
SUNO Chancellor Victor Ukpolo also testified, saying the institution had always been treated unfairly by the Board, noting ignored projects.
On the opposite side, three former legislators, the chairman of the Board and a Board employee testified.
Former Rep. Raymond Jetson said when the legislation concerning the Board’s makeup was approved in 1998, the majority of the voting members agreed diversity on the Board was important. Jetson said it still is.
Debate stirred about the context of the words “should” and “shall” that appear in the act.
The question of whether students would be harmed by the study or the merger was also addressed.
Jeannine Kahn, Regents assistant commissioner for academic affairs, said the faculty and students work together to ensure success when programs are terminated or institutions merged.
Kahn said it is “common practice” for students to be able to complete their degree programs if affected.
Therefore, no irreparable harm would be done, countering the students’ argument.
 
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Contact Sydni Dunn at [email protected]