Repository: UIHistories Project: Board of Trustees Minutes - 1976 [PAGE 206]

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1975]

UNIVERSITY OF ILLINOIS

195

REGULAR MEETING RECESSED FOR MEETING OF BUILDINGS AND GROUNDS COMMITTEE

Mr. Hughes announced that the regular meeting would be recessed for a meeting of the Committee on Buildings and Grounds. He also announced that an executive session had been requested and would be convened, after a meeting of the Committee on Buildings and Grounds, to consider reports on pending litigation and other matters.

EXECUTIVE SESSION

When the Board reconvened, the same members of the Board (with the exception of Trustees Neal and Rader who had left the meeting), officers of the Board, and officers of the University as recorded at the beginning of these minutes were present

Settlement of Litigation Concerning Residency Regulations

(25) On October 16, 1974, the Board of Trustees authorized defense of litigation initiated by two Cuban refugees (Antonio Coba and Miguel Trujillo) attacking the constitutionality of certain provisions of the Board's "Regulations Governing the Determination of Residency Status for Admission and Assessment of Tuition" as related to persons who were not citizens of the United States. On January 15, 1975, the Board amended the regulation in question, effective with the second semester and spring quarter of 1974-75. Prior t o the amendment, a noncitizen was required to have achieved permanent resident status with the United States Immigration and Naturalization Service to qualify for resident tuition rates. By the January 1975 amendment a noncitizen may qualify for resident tuition rates if the applicant has a petition and application for permanent resident status on file with the Service. T h e University Counsel has reported receipt of a settlement offer in connection with the pending litigation and recommends acceptance of the same, a recommendation supported by special counsel. Under the terms of the settlement, Plaintiff Coba, who first became a student in the current winter quarter at Chicago Circle, will apply to the U.S. Immigration and Naturalization Service for permanent resident status and would be given the benefit of the new Board regulations retroactively to the beginning of the current winter quarter. Plaintiff Trujillo, who was a student and paid nonresident tuition at Chicago Circle for the spring and fall quarters in 1974, and who would have satisfied the new regulations in May of 1972 and the old regulations in October 1974, would be refunded the nonresident portion of his tuition (totaling $660) for the spring and fall quarters of 1974. A third Cuban refugee (Miss J u a n a Rojo) who is not a party to the litigation but who would have satisfied the new regulation in May of 1973, has been a student at Chicago Circle for the fall quarter of 1974 and the current 1975 winter quarter. By special arrangement with Miss Rojo, the nonresident portion of her tuition for the two quarters has been deferred and a part of the settlement is to cancel any obligation she may have to pay the nonresident portion of the tuition for those quarters. The University Counsel has pointed out that the regulation involved in the litigation has since been modified by the action of the Board; accordingly, any disposition of that litigation would be of little assistance in evaluating the validity