Derby State University is a four-year public institution of higher education that features a robust and award-winning STEM curriculum. Located in the Southern United States, the heritage of educational segregation - though no longer legal - still casts a long shadow, but DSU has bucked that cultural inertia. Derby employs an aggressive recruiting and diversity policy for its STEM program aimed at providing admission to those applicants whose applicant profiles had historically been foreclosed because of unlawful discrimination or social impediments. In order to remediate for prior discrimination in admissions, the policy requires that admission percentages for historically disadvantaged groups (Black and Hispanic) meet or exceed the proportion that those particular groups comprise among today's general population. Asians and Jewish are classified as "white" under the policy. Today, DSU's Freshmen STEM enrollment reflects 51% Black students, 34% Hispanic students, 12% white students, and 2% Asian/Pacific students and 1% Jewish students. Admission criteria under the policy includes high school GPA, SAT scores, the applicant's family structure, and other "soft criteria" focusing on "social fitness" factors, including the applicant's "DSU community fit," personality factors (all applicants must take a Myers/Briggs assessment and an Enneagram assessment in addition to standardized college admission tests), the applicant's social context and "lived experience," including neighborhood and housing, elementary education, and other "life experience." Three American men of Chinese ancestry, who applied to DSU's STEM program, yet were rejected, have initiated civil litigation against DSU in federal court prior to the commencement of the Fall semester citing its admission policy. They seek injunctive relief and civil damages. They contend that despite having attended objectively better prep schools and despite having objectively better GPAs and standardized test scores, particularly as geared toward STEM success, they were denied admission due to racial discrimination and racial stereotypes ("Asians are not social and are passive book worms") based on the policy's "soft criteria" which they contend were designed to and did in fact skew admissions against better qualified Asian applicants, all in violation of the 14thAmendment.

What is the likelihood of the Plaintiffs prevailing on equitable and civil damage claims predicated on violations arising under the 14thAmendment?

Discuss fully, including any potential defenses available to the defendant, but there is no need to discuss potential common law pendent or ancillary claims or defenses.

Please IRAC all the answers, meaning Issue/ Rule/ Analysis/ Conclusion.

Answer rating: 100% (QA)

Issue The plaintiffs three American men of Chinese ancestry have initiated civil litigation against Derby State University DSU in federal court alleging violations of the 14th Amendment based on the u... View the full answer