Gilbert, Judge J. Phil

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Cornell University ILR School 
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Consent Decrees Labor and Employment Law Program 
2-9-2006 
United States of America v. The Board of Trustees of Southern 
Illinois University 
Judge J. Phil Gilbert 
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United States of America v. The Board of Trustees of Southern Illinois University 
Keywords 
United States of America, The Board of Trustees of Southern Illinois University, 4:06-cv-04037-JPG-DGW, 
Consent Decree, Disparate Treatment, Disparate Impact, Hiring, Compensation, Terms & Conditions, Sex, 
Race, White, National Origin, Education, Employment Law, Title VII 
This article is available at DigitalCommons@ILR: https://digitalcommons.ilr.cornell.edu/condec/102 
UNITED STATES OF AMERICA, 
Plaintiff, 
v. 
THE BOARD OF TRUSTEES OF SOUTHERN ILLINOIS UNIVERSITY, 
Defendant 
Civil Action No. ___ 
CONSENT DECREE 
This action was brought by the United States against the Board of Trustees of Southern 
Illinois University (“SIU Board”) to enforce the provisions of Title VII of the Civil 
Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e, et seq. (“Title VII”). Title VII 
prohibits discrimination in employment on the basis of race, sex, national origin and 
religion. Pursuant to Section 707 of Title VII, 42 U.S.C. § 2000e-6, the Attorney General 
has authority to bring suit against a state or local government employer where he has 
reason to believe that a “pattern or practice” of employment discrimination exists. 
In its Complaint, the United States alleges that the SIU Board has maintained and 
continues to maintain the following paid fellowship programs open only to students who 
are either of a specified race and/or national origin or who are female: 
• The Proactive Recruitment of Multicultural Professionals for Tomorrow 
(“PROMPT”) fellowship at Southern Illinois University (“SIU”) has been and remains 
open only to members of “traditional underrepresented groups”— namely, African 
Americans, Latino/Hispanic Americans, Asian Americans and Native Americans 
(“specified minority groups”). PROMPT fellowship recipients are generally required to 
commit to working in teaching, research or clinical activities. 
b. The Bridge to the Doctorate (“BRIDGE”) fellowship at SIU has been and remains 
open only to members of “underrepresented minority groups”— namely, Hispanics, 
African Americans, Native Americans, Alaskan Natives and Pacific Islanders (“specified 
minority groups”). BRIDGE fellowship recipients are generally required to commit to 
working in teaching or research activities and to not accept any other full-time or part-
time employment. 
• The Graduate Dean’s (“GRADUATE DEAN’S”) fellowship at SIU has been and 
remains open only to women and “traditionally underrepresented students who have 
overcome social, cultural, or economic conditions that have adversely affected their 
educational progress”— namely, African Americans, Hispanic Americans, Asian 
Americans and Native Americans (“specified minority groups”). GRADUATE DEAN’S 
fellowship recipients are generally required to commit to working in teaching or research 
activities during their second year in the program. 
The United States alleges in its Complaint that the policies and practices of the SIU 
Board, as set forth immediately above, intentionally discriminate against whites on the 
basis of race, white males on the basis of race and/or sex, and minorities who do not fall 
within one of the specified minority groups on the basis of race and/or national origin; 
and that these policies and practices deprive or tend to deprive such persons of 
employment opportunities and compensation on the basis of race, national origin and/or 
sex. 
The SIU Board admits the allegations of the United States as set forth in subparagraphs a, 
b and c of the preceding paragraph. However, the SIU Board denies that it has engaged in 
discrimination in violation of Title VII. 
The United States and the SIU Board (“the parties”), desiring that this action be settled by 
appropriate consent decree and without the burdens of protracted litigation, agree to the 
jurisdiction of this Court over the parties, as well as the subject matter of this action. The 
parties waive a hearing and findings of fact and conclusions of law on all issues, and 
further agree to the entry of this Consent Decree as final and binding between themselves 
solely as to the issues raised in the Complaint filed by the United States. Accordingly, 
this Decree shall not foreclose the United States from pursuing an investigation of SIU 
and/or the SIU Board, and/or pursuing suit against SIU and/or the SIU Board, pertaining 
to matters at SIU other than the PROMPT, BRIDGE and GRADUATE DEAN’S 
fellowship programs. 
This Consent Decree, being entered with the consent of the parties, shall in no way 
constitute an adjudication or finding on the merits of the case, nor be construed in any 
respect to be an admission by the SIU Board, or a finding of any violation of any 
applicable federal law or regulation, or otherwise be admissible in any legal proceeding 
other than this action. As used in this Decree, the term “date of entry of this Decree” is 
defined as the date on which the Court grants approval to and enters this Consent Decree. 
Accordingly, in resolution of the allegations of the United States as set forth in its 
Complaint filed in this action, it is hereby ORDERED, ADJUDGED, AND DECREED 
as follows: 
General Injunctive Relief 
1. The SIU Board, by and through its officials, agents, employees, and all persons in 
active concert or participation with them, shall: 
• immediately cease setting aside, reserving or in any way restricting any paid 
fellowship positions, including those in the PROMPT, BRIDGE and 
GRADUATE DEAN’S fellowship programs, on the basis of race, national origin 
or sex; 
• hereafter neither establish nor maintain any paid fellowship positions in any 
fellowship programs that— like those positions in the PROMPT, BRIDGE and 
GRADUATE DEAN’S fellowship programs —are set aside, reserved or in any 
way restricted on the basis of race, national origin or sex; 
• hereafter consider, hire, employ, compensate and provide terms, conditions and 
privileges of employment to, persons for any paid fellowship position without 
discriminating on the basis of race, national origin or sex in violation of Title VII; 
and 
• hereafter not limit recruitment for any paid fellowship positions to members of 
any particular group or groups on the basis of race, national origin or sex. 
2. Within forty-five (45) days from the date of entry of this Consent Decree, the SIU 
Board, by and through its officials, agents, employees, and all persons in active concert or 
participation with them, shall: 
• cease the publication, distribution or other dissemination of any information that 
states, suggests or infers that any paid fellowship positions are set aside, reserved 
or in any way restricted on the basis of race, national origin or sex; 
• insert in a prominent place on SIU’s website, include in all written materials 
bearing upon paid fellowship programs, and/or positions that are publicized, distributed 
or otherwise disseminated, and post in a prominent public place in the main office of each 
College and School at SIU, a notice that states: “Southern Illinois University is an equal 
opportunity employer and will not discriminate against any person on the basis of race, 
national origin or sex in violation of Title VII”; 
• provide a copy of this Consent Decree to each SIU administrator who has any role 
in the recruitment, selection, hire or employment of persons for paid fellowship 
positions, as well as the Admissions Counselors, Chair or head of each 
Department and School, Directors, Deans, Vice Chancellors, Chancellors, Vice 
Presidents and President at SIU; and 
d. for a period of not less than six (6) months from the date of entry hereof, post a copy of 
this Consent Decree in a prominent public place in the main office for recruitment of 
each College and School at SIU. 
• Within one hundred and eighty (180) days from the date of the entry of this 
Decree, the SIU Board shall provide live mandatory training to all academic recruiters 
and employees engaged in recruiting activities on behalf of SIU for paid fellowships 
regarding Title VII’s prohibitions against discrimination. 
• The SIU Board shall not retaliate against or in any respect adversely affect any 
person 
because that person has opposed allegedly discriminatory policies or practices or has filed 
a charge with the Equal Employment Opportunity Commission, or because of that 
person’s participation in or cooperation with the initiation, investigation, litigation or 
administration of this action or this Consent Decree. 
• Notwithstanding any other provision hereof, this Consent Decree shall neither be 
construed, nor operate, to adversely affect the continued employment and participation of 
any person in any paid fellowship position at SIU as of January 15, 2006. 
Records and Reporting 
• Within forty-five (45) days from the date of entry of this Consent Decree, the SIU 
Board shall provide the United States with written confirmation that it has complied with 
the provisions of Paragraphs 1a and 2, supra. 
• The SIU Board shall retain during the life of this Consent Decree all records 
necessary 
to document the implementation of, and its compliance with, this Decree; and such 
records retention shall comply with the record-keeping requirements of Title VII as set 
forth in the regulation 29 C.F.R. § 1602.31. 
• There shall be two reporting periods per year during the life of this Consent 
Decree: the 
first running from January 1 through June 30; and the second running from July 1 
through December 31 of each year. Within forty-five (45) days following the last day of 
each reporting period, the SIU Board shall provide to the United States a detailed report 
covering the preceding reporting period and containing the following: 
a. documents that reflect its policies and practices, and all activities that it has engaged in 
to carry out its policies and practices, regarding the recruitment, selection, hire, 
employment and compensation of persons for all paid fellowship positions funded by SIU 
during the reporting period, as well as any modifications to such policies and practices; 
• summaries, in machine-readable formats, as to the number of persons, with 
numerical breakdowns by race, national origin and sex, who during the reporting period, 
respectively: applied for any paid fellowship positions funded by SIU; and were selected 
for such positions; and 
c. a listing, in machine-readable format, of each person in a paid fellowship position 
funded by SIU at any time during the reporting period, including: such person’s name; 
race, national origin and sex; name of the program providing the fellowship; name of the 
Department, College or School sponsoring the fellow and/or to which the fellow is 
assigned; the terms of the person’s fellowship (including the monetary package and the 
duties and activities expected of the person); and the number of years the person has been 
a fellowship recipient. 
• The United States shall have the right to review the compliance by the SIU Board 
with this Consent Decree at any time during its duration. To that end, the United States 
has the right to inspect and copy any documents, excluding those covered by attorney-
client privilege in instances where partial redaction would not adequately protect the 
privilege, of the SIU Board that are relevant and necessary to monitor such compliance, 
upon forty-five (45) days written notice to it and without further order of this Court. So 
also, the SIU Board shall furnish the United States with records, documents and other 
information relevant to their compliance with this Consent Decree, within forty-five (45) 
days of any written request for such records, documents or other information and without 
further order of this Court. 
10. Any documents or information that is required to be provided the United States by the 
SIU Board by this Consent Decree shall be sent to the following address via a delivery 
service such as FedEx or United Parcel Service: Chief, Employment Litigation Section, 
Civil Rights Division, U.S. Department of Justice, 601 D Street, N.W., Room 4040, 
Washington, DC 20004. 
Retention of Jurisdiction 
11. This Court shall retain jurisdiction over this Consent Decree and this action for the 
purposes of enforcing the Consent Decree’s provisions, resolving any disputes that may 
arise between the parties under the Decree and entering such orders as may be 
appropriate. The parties shall attempt to resolve informally any dispute that may arise 
under this Decree. If, after sixty (60) days the parties are unable to resolve a dispute, then 
either party may move the Court for a resolution of the issue. 
12. This Consent Decree shall dissolve, and this action shall be dismissed, at the end of 
two (2) years from the date of entry of this Decree without any further order of this Court. 
Costs and Expenses 
Each party shall bear its own costs and expenses, including attorney’s fees. 
APPROVED AND ENTERED this ____ day of February 2006. 
UNITED STATES DISTRICT JUDGE 
Southern District of Illinois 
Agreed and Consented To: On behalf of the Southern Illinois 
University Board of Trustees: 
On behalf of the United States of 
America: 
ALBERTO R. GONZALES GLENN POSHARD 
Attorney General President, Southern Illinois 
WAN J. KIM 
Assistant Attorney General 
Civil Rights Division 
By: 
DAVID J. PALMER 
Chief 
Employment Litigation Section 
Civil Rights Division 
JOHN M. GADZICHOWSKI 
(WI Bar No. 1014294) 
Principal Deputy Chief 
KRISTOFOR J. HAMMOND 
(VA Bar No. 44133) 
Trial Attorney 
Civil Rights Division 
U.S. Department of Justice 
950 Pennsylvania Avenue, N.W. 
Patrick Henry Building, Room 4906 
Washington, DC 20530 
Telephone: (202) 353-3011 
Facsimile: (202) 514-1005 
University 
JERRY D. BLAKEMORE 
General Counsel, Southern Illinois 
University 
EDWARD E. MCNALLY 
United States Attorney 
LAURA JONES 
Assistant United States Attorney 
Southern District of Illinois 
Media & Communication Resources • siucnews@siu.edu 
Southern Illinois University Carbondale • Mailcode 6519 
Carbondale, IL 62901 
618/453-2276 office • 618/453-2230 fax 
Sue Davis, Executive Director 


United States of America v. The Board of Trustees of Southern Illinois University

https://digitalcommons.ilr.cornell.edu/cgi/viewcontent.cgi?article=1101&amp;context=condec

United States of America v. The Board of Trustees of Southern Illinois University

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