Repository: UIHistories Project: Board of Trustees Minutes - 1976 [PAGE 108]

EXTRACTED TEXT FROM PAGE:

1974]

UNIVERSITY OF. ILLINOIS

97

On motion of Mr. Swain, this recommendation was approved by the following vote: Aye, Mr. Forsyth, Mr. Hahn, Mr. Howard, Mr. Hughes, Mr. Livingston, Mr. Neal, Mrs. Rader, Mr. Steger, Mr. Swain; no, none; absent, Dr. Bakalis, Governor Walker.

Purchase of 403 South Lincoln Avenue, Urbana

(15) T h e President of the University, with the concurrence of appropriate administrative officers, recommends purchase of the property a t 403 South Lincoln Avenue, Urbana, at a price of $45,000. This property is located on Lincoln Avenue between High Street and Illinois Street. T h e parcel has a frontage of 66 feet on Lincoln Avenue with a total of approximately 9,284 square feet of land and is improved with two houses which have been converted to student apartments. The improvements on this property will be demolished and the area will be used for parking for housing. Funds are available in the budget of the Division of Campus Parking and Transportation. The purchase and construction of the proposed facilities are subject to further action by the Board of Higher Education. O n m o t i o n of M r . H a h n , this r e c o m m e n d a t i o n w a s a p p r o v e d b y t h e following v o t e : Aye, M r . Forsyth, M r . H a h n , M r . H o w a r d , M r . H u g h e s , M r . Livingston, M r . Neal, M r s . R a d e r , M r . Steger, M r . S w a i n ; no, n o n e ; absent, D r . Bakalis, G o v e r n o r Walker.

Litigation Concerning Residency Regulations

(16) T h e University and Warren B. Cheston, Chancellor at Chicago Circle, individually and in his official capacity, have been named as defendants in a suit filed in the U.S. District Court for the Northern District of Illinois, Eastern Division (Case No. 74 C 2772), by Antonio Coba, an applicant for admission to the Chicago Circle campus, and Miguel Trujillo, a student at the Chicago Circle campus. The complaint alleges that the plaintiffs are citizens of Cuba who reside in Chicago and have been "alien parolees" since 1962 (Mr. Coba) and 1969 (Mr. Trujillo). The University's "Regulations Governing the Determination of Residency Status for Admission and Assessment of Tuition" provide, in Section 7, that a person who is not a citizen of the United States of America, to be considered a resident, must have permanent resident status with the U.S. Immigration and Naturalization Service and must also comply with all the other requirements of the regulations to establish residence status for tuition purposes. The complaint alleges that this regulation effectively excludes all alien parolees, who otherwise meet residency requirements, from the status of resident for purposes of tuition and, in so doing, violates the equal protection clause of the Fourteenth Amendment of the United States Constitution. The complaint seeks the convocation of a three-judge court to determine the constitutionality of the University's regulations and also requests an order that the action is maintainable as a class action. It asks the Court to enter a temporary restraining order and a permanent injunction restraining the defendants from continuing to enforce the regulation in question insofar as it denies residence status for tuition purposes to alien parolees who otherwise meet residency, and insofar as it excludes the Plaintiff Coba from admission on the payment of resident tuition only. Further, the complaint seeks a declaration that the regulation is unconstitutional and in violation of certain Federal statutes. T h e Court is asked to order the defendants to void all existing announcements which do not contain a statement that