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The Supreme Court of GA Dismisses Engineering Lawsuit Against CAU

The Supreme Court of GA Dismisses Engineering Lawsuit Against CAU
Posted By: Jehan Bunch on June 12, 2007

Contact: Dr. Debi Miller
404-880-8374 phone
404-880-8395 fax
dmiller@cau.edu
or


Larry Calhoun
404-880-6040 phone
404-880-8395 fax
lcalhoun@cau.edu

The Supreme Court of Georgia Affirms Lawsuit Dismissal

ATLANTA (June 11, 2007) – The state Supreme Court today affirmed a lower court dismissal of a lawsuit filed against Clark Atlanta University (CAU). The lawsuit had been filed by a group of faculty and students in the Engineering Department seeking to halt the phase out of the general engineering degree program at CAU. Referencing Miller v. Alderhold, the state Supreme Court ruled that students and faculty may not enjoin the operation and management of a private college.

As one step to return CAU to fiscal stability, the University announced in 2003 that, over the next 5 years, the general engineering degree program would be phased out. CAU will, however, continue its participation in a Dual Degree Engineering program that allows students to earn a bachelor’s degree from CAU in one of several majors, such as Computer Science, Physics and certain others, and also earn a discipline specific engineering degree from one of a number of other major universities, including Georgia Tech, which boasts a top ten Engineering school according to recent rankings. CAU designed the phase out to allow enrolled students to complete their degrees before program closure in 2008.



In 2005, the faculty and students filed the lawsuit, asking the Superior Court of Fulton County to halt the phase out. CAU argued that the decision to eliminate the general engineering program was lawful and warranted, and that the lawsuit should be dismissed. The Court agreed. Judge Alice Bonner granted CAU’s motion to dismiss the lawsuit, saying “Clark Atlanta University is a private university and its Board of Trustees is entitled to make decisions as to its management and operation without interference from the Court absent unlawful action.” The faculty and students appealed the decision.

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CAU President Walter D. Broadnax said: “We are pleased that the state Supreme Court agreed that this aspect of our plan to return CAU to a sound financial footing was lawful.”


About Clark Atlanta University
Formed in 1988 by the consolidation of two historic institutions, Atlanta University (1865) and Clark College (1869), Clark Atlanta University is the largest of the United Negro College Fund institutions with an enrollment of nearly 4,500 students. Clark Atlanta University is accredited by the Commission on Colleges of the Southern Association of Colleges and Schools (1866 Southern Lane, Decatur, Georgia, 30033-4097: Telephone 404-679-4501) to award the Bachelor's, Master's, Specialist and Doctor's Degrees. The Carnegie Classification lists CAU as a Research University - High Research Activity. National business and consumer publications rank Clark Atlanta high among the best buys in American higher education.
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