STUDENTS FOR FAIR ADMISSIONS, INC. v. UNIVERSITY OF NORTH CAROLINA, et al

Filing 39

MOTION to Intervene by Luis Acosta, Christopher Jackson, Ramonia Jones, Angie Mills, Kevin Mills, Julia Nieves, Laura Ornelas, Cecilia Polanco, Tamika Williams, Star Wingate-Bey. Responses due by 7/23/2015 (Attachments: # 1 Exhibit 1 - Declarations, # 2 Exhibit 2 - Proposed Answer)(COLFAX, REED)

UNITED STATES DISTRICT COURT FOR
THE MIDDLE DISTRICT OF NORTH CAROLINA
STUDENTS FOR FAIR ADMISSIONS,
INC.,
Plaintiff,
v.

Civil Action No. 1:14-cv-954-LCB-JLW

THE UNIVERSITY OF NORTH
CAROLINA AT CHAPEL HILL, et al.,
Defendants.
MOTION TO INTERVENE IN DEFENSE OF THE UNIVERSITY OF
NORTH CAROLINA AT CHAPEL HILL’S ADMISSIONS POLICY
Pursuant to Federal Rule of Civil Procedure 24, four current University of North
Carolina at Chapel Hill (“UNC-Chapel Hill”) students and the parents of five high school
students who intend to apply to UNC-Chapel Hill, acting on their children’s behalf
(collectively, the “Proposed Intervenors”), hereby move to intervene. Proposed
Intervenors who currently attend UNC-Chapel Hill are Cecilia Polanco, Luis Acosta, Star
Wingate-Bey, and Laura Ornelas. Proposed Intervenors who are parents of students who
intend to apply to UNC-Chapel Hill are Angie and Kevin Mills on behalf of Q.M.;
Christopher Jackson on behalf of C.J.; Julia Nieves on behalf of I.N.; Tamika Williams
on behalf of A.J.; and Ramonia Jones on behalf of R.J.
As detailed in the accompanying memorandum, Proposed Intervenors satisfy each
of the requirements for intervention as of right under Fed. R. Civ. P. 24(a). Proposed
Intervenors seek to participate in this case to present the most fulsome defense of, and to

ensure that a full evidentiary record is created regarding, UNC-Chapel Hill’s
consideration of race and ethnicity as part of its holistic review of applicants’ files. They
seek to ensure that any changes to the admissions process resulting from this litigation,
through court order or settlement, comply with their rights under Title VI of the Civil
Rights Act of 1964 and the Constitution.
A complete record requires adducing comprehensive evidence related to UNCChapel Hill’s compelling interest in student body diversity. Such evidence includes, for
example, evidence pertaining to the history of discrimination and segregation in North
Carolina and at UNC-Chapel Hill; the past and current state of racial and ethnic relations
on campus; the underrepresentation of students of certain racial and ethnic backgrounds
on campus; and the lack of a critical mass of students of certain racial and ethnic
backgrounds at UNC-Chapel Hill. The existing Defendants do not adequately represent
the Proposed Intervenors’ interests in developing this evidence because UNC-Chapel Hill
may avoid presenting evidence that reflects poorly on UNC-Chapel Hill, critiques the
University’s efforts to promote diversity, or suggests liability for the University under
Title VI. This Motion is being filed in a timely fashion, and there remains time for
Proposed Intervenors to develop this critical factual record within the existing case
schedule.
If the Court declines to grant Proposed Intervenors intervention as of right,
Proposed Intervenors alternatively request that they be allowed to intervene permissively
under Fed. R. Civ. P. 24(b).

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Attached to this Motion are (1) a declaration from each Proposed Intervenor
setting forth facts upon which this Motion is based (attached as Exhibit 1); and (2)
pursuant to Fed. R. Civ. P. 24(c), a Proposed Answer (attached as Exhibit 2). A
memorandum in support of this Motion has been filed separately.
WHEREFORE, Proposed Intervenors respectfully request that this Court grant this
Motion to Intervene.
Dated: June 29, 2015

Respectfully submitted,
/s/ Reed Colfax
Reed Colfax*
Glenn Schlactus*
Sasha Samberg-Champion*
Laura Gaztambide-Arandes*
RELMAN, DANE & COLFAX PLLC
1225 19th Street NW, Suite 600
Washington, DC 20036
[e-mail]
[e-mail]
[e-mail]
[e-mail]
Tel: [phone]
/s/ Jack Holtzman
Jack Holtzman, N.C. Bar No. 13548
Christine Bischoff, N.C. Bar No. 41792
NORTH CAROLINA JUSTICE CENTER
224 South Dawson Street
Raleigh, NC 27601
[e-mail]
[e-mail]
Tel: [phone]

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/s/ Jon M. Greenbaum
Jon M. Greenbaum*
LAWYERS’ COMMITTEE FOR CIVIL
RIGHTS UNDER LAW
1401 New York Avenue NW, Suite 400
Washington, DC 20005
[e-mail]
Tel: [phone]
ATTORNEYS FOR PROPOSED
DEFENDANT-INTERVENORS
* Special Appearance

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CERTIFICATE OF SERVICE
In accordance with Local Rule 5.3(b)(2), I hereby certify that this document filed
through the CM-ECF system on June 29, 2015 will be sent electronically to the registered
participants as identified on the Notice of Electronic Filing.
/s/ Reed N. Colfax
Reed N. Colfax

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