Degree Perseverance Among African Americans Transitioning from Historically

Black Colleges and Universities (HBCUs) to Predominantly White Institution (PWIs)

by

Joyce Marie McCall

A Dissertation Presented in Partial Fulfillment

of the Requirements for the Degree
Doctor of Philosophy

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Approved April 2015 by the

Graduate Supervisory Committee:
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Margaret Schmidt, Chair

Robert Oldani
Evan Tobias
Sandra Stauffer
Jill Sullivan

ARIZONA STATE UNIVERSITY

May 2015
 UMI Number: 3702142

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 ABSTRACT

This study investigates degree perseverance among African Americans who

transitioned from an undergraduate music program at a Historically Black College and

University (HBCU) to a Predominantly White Institution (PWI). A framework based on

Bourdieu’s cultural capital theory and Yosso’s community cultural wealth theory was

employed to examine how academic, cultural, and social aspects of participants’

undergraduate and graduate school experiences influenced their perseverance. Because

those aspects are intricately intertwined with race, I also employed critical race theory

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and double consciousness theory, and used Angela Duckworth’s Grit Scale to measure

degree perseverance.
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Eight African American male instrumental music educators participated in this

study. Research questions included: What are the experiences of African Americans who
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have transitioned from undergraduate music programs at HBCUs to graduate music

programs at PWIs?; How do these individuals compare academic, social, and cultural
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aspects of their experiences within two institutional environments?; What are their self-

perceptions of their own degree perseverance?; and, What social, cultural, and academic

aspects of their experiences influenced their perseverance?

After developing a portrait of each participant’s pre-college and college

experiences, analysis revealed that participants were very persistent; however, academic,

cultural, social, and racial experiences influenced their perseverance. Participants

employed dominant cultural capital and community cultural wealth as well as their

“Grittiness” to successfully transition from an HBCU to a PWI.

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 Recommendations for HBCUs, PWIs, and the profession are offered toward

improving the experiences of African American music students in higher education.

HBCUs must hold their faculty and students accountable for developing a broader

musical experience beyond marching band, and address colorism on their campuses.

PWIs should recognize and accept the capital that African Americans bring, acknowledge

that African Americans need access to social support networks, and assess how their

environments, actions, and decisions may devalue or discount African Americans. While

more research is needed regarding the experiences of African Americans in music

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programs, African American students must also take active roles in shaping their own

educational experiences by seeking assistance that will improve their experiences.

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 ACKNOWLEDGEMENTS

Many people including family, friends, and educators have contributed to my

success. First, I would like to thank my grandmother, Virginia White, who provided me

the beginnings of a world-class education by teaching me how to read and write, and

offering unconditional love, and values that helped me to see the world as pool of

possibilties. My father, Edward Graham, taught me to work hard, be punctual, and never

allow adversity to stand in the way of becoming my best. Thanks to my dog and buddy,

Layla, for being incredibly spastic, nonchalant, and loyal. I would also like to thank my

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Aunt Maxine, who supported me and encouraged me to dig in despite those tough days.

Thanks to my sister, Myrna Bell for your positivity and support. To Uncle Earl and Aunt
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Hattie, thank you for always supporting my choices and interests in education. Thanks to

my cousin, Tiffany Graham, whose sense of humor have influenced my own. To my

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amazing cousin, Tonya, your wisdom, humor, confidence in the future served as a beacon

of hope and promise. To my newest cousin, Jax, thanks for the never-ending episodes of
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“Sesame Street” and the banging of pots and pans day and night.

Many extraordinary educators have added tremendously to my life. They include

Dr. Thomas Fraschillo, Dr. Jennifer Shank, Dr. Gary Adam, Mr. Larry Panella, Mr.

Wilbur Moreland, Mr. Louis Coaxum, Mr. Stanley Chapman, Mrs. Juletha French, Mr.

John Davis, and Mrs. Shvonnie Caffey. To Dr. Steven Moser, there are no words to

express how much respect, love, and admiration I have for you. You have been a

consistent mentor, friend, father, and guide in my life despite my stubborness. You have

always seen my spirit and potential to be great when others could not. To all of my

wonderful friends, Steven Cline, Marlayna (Hollins) Goosby, LeRoy Brown, Martin

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McCain, Scott Johnson, Rodney Sapp, Dahlia (Morris) Hubert, Meghan Sheehy,

Elizabeth Edgecomb Bucura, Nathan Johnston, Emily Schwartz, and Chanelle Josso, you

all have added exponentially to my life. Thank you for your continuous support and love.

This study would not have been possible without the participation of eight

courageous and “Gritty” African American men. While you assisted me in illustrating to

the fields of music education and higher education that we still have a long road ahead

regarding academic, cultural, social, and racial issues, your stories served as instrinsic

motivators to my cause—to influence change. Continue to persevere and defy all odds.

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You are giants.

Thank you to my freakishly amazing dissertation committee members, Drs.

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Sandra Stauffer, Jill Sullivan, Evan Tobias, and Robert Oldani. I have learned so much

from you. I will always appreciate your work and efforts to redefine inclusion and
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diversity in education and society. A very special thanks goes to my mentor, committee

chair, and friend, Dr. Margaret Schmidt. You have been unwavering in your support of
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me and my work. You are true inspiration and a joy to work with. As Optimus Prime of

the Autobots would say, “You’re more than meets the eye!” You all empowered me to be

me and to explore the world as I experienced it. I am so grateful for you all.

Last, but not least, thanks to those who contributed to my own “Grittiness,” by

constructing obstacles designed for me to fail. Because of my faith in God, the support of

others, and my own persistence I overcame them.

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 TABLE OF CONTENTS
Page

LIST OF FIGURES ......................................................................................................... xiii

CHAPTER

1 OVERVIEW OF THE STUDY .............................................................................. 1

Introduction ................................................................................................. 1

Purpose of Study ......................................................................................... 4

Theoretical Frameworks ............................................................................. 4

Legal Issues Surrounding the Education of African Americans................. 6

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The Need for the Study ............................................................................. 18
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Guiding Definitions .................................................................................. 21

African Americans ........................................................................ 21

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Historically Black Colleges and Universities (HBCUs) ............... 21

Predominantly White Institutions (PWIs) ..................................... 21

Academic Aspects ......................................................................... 22

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Cultural and Social Aspects .......................................................... 22

Perseverance ................................................................................. 22

Racial Aspects ............................................................................... 23

“The Band” ................................................................................... 23

Delimitations ............................................................................................. 23

Organization of the Dissertation ............................................................... 23

2 LITERATURE REVIEW .................................................................................... 26

Introduction ............................................................................................... 26
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CHAPTER Page

Historically Black Colleges And Universities (HBCUs) .......................... 26

HBCUs and Financial Obstacles ................................................... 28

Experiences of African Americans At HBCUs ............................ 30

Predominantly White Institutions (PWIs)................................................. 31

Experiences of African Americans at PWIs ................................. 32

Transitioning: The Case of W. E. B. Du Bois .......................................... 36

Cultural Capital Theory (CCT) ................................................................. 40

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Cultural Capital and Education ..................................................... 42

Summary: Cultural Capital Theory ............................................... 45

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Critical Race Theory (CRT) ..................................................................... 47

CRT: From Legal Studies to Education ........................................ 53

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CRT and Higher Education ........................................................... 54

Summary: Critical Race Theory ................................................... 59

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Community Cultural Wealth Theory (CCWT) ......................................... 60

Community Cultural Wealth Theory (CCWT) and Higher

Education ...................................................................................... 64

Summary: Community Cultural Wealth Theory........................... 66

Conversations about Race in Music Education ........................................ 67

Models Fostering Resiliency, Tenacity, and Perseverance....................... 70

Penn Resilience Program (PRP) ................................................... 71

Master Resiliency Program (MRP) ............................................... 71

Out-of-school Models ................................................................... 72

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CHAPTER Page

Private and Charter School Models .............................................. 73

Grit ............................................................................................................ 77

Grit: African American Males at PWIs ........................................ 84

Summary: Perseverance and Grit.................................................. 85

Chapter Summary ..................................................................................... 86

3 RESEARCH DESIGN AND METHODOLOGY ............................................... 88

Introduction ............................................................................................... 88

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Qualitative Research ................................................................................. 88

Phenomenology ........................................................................................ 90
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Foundations of Phenomenological Research ............................................ 91

Hermeneutic Phenomenology ................................................................... 92

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Exploratory Study ..................................................................................... 93

Participant Selection ................................................................................. 95

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Data Collection ......................................................................................... 99

Interviews...................................................................................... 99

Artifacts....................................................................................... 101

The Grit Scale ............................................................................. 101

Data Analysis .......................................................................................... 102

Interview Data Analysis .............................................................. 102

Grit Scale Analysis ..................................................................... 103

Trustworthiness ....................................................................................... 104

Triangulation ............................................................................... 104

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Rich, Thick Description .............................................................. 105

Member Checking ....................................................................... 105

Peer Review/Debriefing .............................................................. 106

Clarifying Researcher’s Subjectivity .......................................... 107

Ethics, Confidentiality, and Disclosure of Data ..................................... 108

Chapter Summary ................................................................................... 109

4 PORTRAITS I ................................................................................................... 110

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Karl ......................................................................................................... 110

Michael ................................................................................................... 113

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Nathan ..................................................................................................... 118

Darren ..................................................................................................... 120

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Chris ........................................................................................................ 124

Denzel ..................................................................................................... 128

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Morgan .................................................................................................... 132

Johnathan ................................................................................................ 134

5 PORTRAITS II .................................................................................................. 139

HBCU Experiences ................................................................................. 139

Karl’s Undergraduate Experience ............................................... 139

Michael’s Undergraduate Experience ......................................... 142

Nathan’s Undergraduate Experience .......................................... 148

Darren’s Undergraduate Experience ........................................... 150

Chris’ Undergraduate Experience ............................................... 155

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CHAPTER Page

Denzel’s Undergraduate Experience........................................... 159

Morgan’s Undergraduate Experience ......................................... 164

Johnathan’s Undergraduate Experience ...................................... 169

PWI Experiences..................................................................................... 175

Karl’s Graduate Experience ........................................................ 175

Michael’s Graduate Experience .................................................. 181

Nathan’s Graduate Experience ................................................... 185

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Darren’s Graduate Experience .................................................... 187

Chris’ Graduate Experience ........................................................ 194

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Denzel’s Graduate Experience .................................................... 197

Morgan’s Graduate Experience .................................................. 202

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Johnathan’s Graduate Experience ............................................... 205

6 ANALYSIS OF PERSEVERANCE .................................................................. 208

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Grit .......................................................................................................... 208

Forming and Challenging Participants’ Grittiness.................................. 211

Pre-college Experiences .............................................................. 211

College Experiences.................................................................... 214

Discussion: Means of Persistence ........................................................... 216

Grit .............................................................................................. 216

Growth Mindset .......................................................................... 219

Community Cultural Wealth ....................................................... 220

Double Consciousness ................................................................ 223

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Religion ....................................................................................... 224

Discussion and Summary........................................................................ 225

7 ANALYSIS OF TRANSITION EXPERIENCES ............................................. 227

Academic Aspects of the Experience ..................................................... 228

Epistemologically Discounted .................................................... 228

Resources .................................................................................... 230

Mentors ....................................................................................... 231

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Cultural and Social Aspects of the Experience ....................................... 233

Racial Aspects of the Experience ........................................................... 236

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Colorism...................................................................................... 245

Essentialism ................................................................................ 245

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Colorblindness ............................................................................ 246

Intersectionality........................................................................... 247
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Effects of Racism for the Participants ........................................ 248

Summary ................................................................................................. 251

8 IMPLICATIONS AND SUGGESTIONS ......................................................... 254

Summary of the Study ............................................................................ 254

Recommendations for Historically Black Colleges and Universities

(HBCUs) ................................................................................................. 256

Academic Aspects of Experience at HBCUs .............................. 256

Resources ........................................................................ 256

Balance in the music curriculum..................................... 257

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CHAPTER Page

Institutional funding ........................................................ 261

Social and Cultural Aspects of Experience at HBCUs ............... 262

Hazing ............................................................................. 262

Racial Aspects of Experience at HBCUs .................................... 264

Summary of Recommendations for HBCUs................... 264

Recommendations for Predominantly White Institutions (PWIs) .......... 265

Academic Aspects of Experience at PWIs.................................. 265

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Social and Cultural Aspects of Experience at PWIs ................... 268

Racial Aspects of Experience at PWIs........................................ 269

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Possibilities ............................................................................................. 271

Partnerships ................................................................................. 271

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Facilitating Conversations .......................................................... 272

Colorblindness ............................................................................ 273

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Missing Voices............................................................................ 275

Recommendations for Further Research................................................. 276

Recommendations for African American Students ................................ 278

REFERENCES ......................................................................................................... 282

APPENDIX

A RECRUITMENT LETTERS ................................................................................ 292

B SURVEY INVITATION....................................................................................... 296

C INTERVIEW INVITATION ................................................................................ 299

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D INTERVIEW CONSENT ..................................................................................... 302

E INTERVIEW QUESTIONS.................................................................................. 305

F SAMPLE MAPS AND CODES ............................................................................ 310

G PARTICIPANT GRIT SCORE COMPARISON ................................................. 315

H DEMOGRAPHIC SURVEY ................................................................................ 318

I GRIT SURVEY ...................................................................................................... 322

J INSTITUTIONAL REVIEW BOARD APPROVAL ............................................ 326

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 LIST OF FIGURES

Figure Page

1. Illustration of Effects of Cultural Capital on Educational Outcomes by Jæger, 2009,

Social Forces, 87(4), p. 1947. ................................................................................... 44

2. Character Report card by KIPP, 2013, http://www.kipp.org/our-approach/character ...

................................................................................................................................... 75

3. 12 Item Grit-O Scale by Duckworth et al., 2007, Journal of Personality and Social

Psychology, 92(6), p. 1090. ...................................................................................... 79

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4. Scripp's National Spelling Bee Finalists by Duckworth & Quinn, 2009, Journal of

Personality Assessment, 91(2), p. 171. ..................................................................... 80

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5. Grit-S Scale by Duckworth & Quinn, (2009), Journal of Personality Assessment,
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91(2). ......................................................................................................................... 81

6. West Point Candidates by Duckworth & Quinn, 2009, Journal of Personality

Assessment, 91(2), p. 171. ........................................................................................ 83

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7. Demographics of Participants .................................................................................... 99

8. Grit-S Scale by Duckworth & Quinn, 2009, Journal of Personality Assessment,

91(2). ....................................................................................................................... 102

9. Grit-S Scale, by Duckworth & Quinn (2009). Journal of Personality Assessment,

91(2). ....................................................................................................................... 209

10. Participants' Grit Scores ......................................................................................... 210

11. Influences on Participants’ Transitioning from an HBCU to a PWI ..................... 252

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 CHAPTER 1

OVERVIEW OF THE STUDY

Introduction

My interests in Historically Black Colleges and Universities (HBCUs) and

Predominantly White Institutions (PWIs) span back to my years in high school band in

the South. Every year, my band peers and I were encouraged by our band directors not

only to participate in large music ensemble festivals such as district and state

competitions, but also to participate in solo and ensemble festivals, and various music

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camps throughout the state and region. When we went to these competitions and

festivals, I saw mostly White students and noticed that predominantly African American
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programs were rarely represented, if at all. On the other hand, I attended a few marching

band competitions with friends where only predominantly African American bands
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competed and where I never saw a predominantly White marching band competing. I

wondered about these differences between music programs.

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Student enrollment in my school’s band program was based on playing ability and

student choice. However, sometimes we asked our directors why we never participated in

competitions in which predominantly Black programs competed. They usually responded

that predominantly Black band programs in our city were not very good or their band

directors were not effective music educators. These encounters led me to ask myself

several questions: Despite historical efforts toward equality and justice within education

in the U.S., why were programs separated and what contributed to this separation? Are

predominantly African American music programs not good enough to compete in

competitions and festivals that White students participate in?

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 Extending into my years in college at a PWI, my curiosities about predominantly

African American music programs continued to develop. Through my membership with

Sigma Alpha Iota, an international music fraternity for women, and my participation with

my university’s jazz program during my undergraduate experience, I was afforded the

opportunity to meet students from various HBCUs who would later become my friends

and colleagues. In years following, we conversed over the phone or through Facebook.

We often discussed their experiences of negotiating a graduate music program at a

Predominantly White Institution (PWI). In later years, I specifically remember a

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conversation with a male friend who graduated from an undergraduate music degree

program at an HBCU in the South and later decided to attend a graduate music program
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at a PWI located in the Midwest. He stated:

This is way more difficult than I thought. Not only am I one of very few African
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Americans here, but I also must take remedial courses to catch up with my peers
and meet the standards of this program. I was cheated out of a receiving a good
education in my undergraduate experience . . . it did not prepare me for this.

Although my friend contemplated removing himself from the graduate program at

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the PWI, he persevered and completed the program and is now a successful jazz musician

in New York City. Several of my friends and colleagues who have transitioned from an

HBCU to a PWI in the field of music have described their experiences as similar. In

comparison, I did not encounter experiences like those of my friends and colleagues; I

surmise that perhaps it was due to the fact that both my undergraduate and graduate

experiences in higher education were situated at PWIs. However, other friends’

experiences were quite familiar to me, especially the experience of being one of few or

the only African American in a music class within a music program at a PWI.

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 My knowledge of the experiences of my friends who transitioned from an HBCU

to a PWI prompted me to ask the following questions: Why are individuals who transition

from HBCUs to PWIs encountering difficulty during their experiences at PWIs? Are

HBCUs not preparing their music students appropriately for graduate music study? What

influences the experiences of African Americans transitioning between HBCUs and

PWIs?

After receiving my master’s degree, I worked as an assistant band director at a

high school in the Southwest. My colleagues had often hosted student teachers from

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surrounding HBCUs prior to my term there. During my two-year tenure, we hosted four

student teachers. Unlike strategies I had learned while earning my degrees from a PWI,
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these student teachers often used strategies based on the oral tradition and rote teaching.

In addition, they were often late and overwhelmed, in part because they were still
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engaged in completing coursework, student recitals, and additional tasks that disrupted

their focus on their student teaching experience. My colleagues and I discussed ways to
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provide them with additional methods and strategies that would help them be successful

in teaching within a K-12 setting.

These experiences, and the experiences my colleagues shared about transitioning

from an undergraduate music program at an HBCU to a graduate music program at a

PWI, prompted me to wonder about several questions: What is the difference between a

music program at an HBCU and one at a PWI? What are the environments of music

programs at HBCUs and PWIs? What is the mission of music programs at HBCUs and

PWIs in regards to specific degree offerings? I designed this study to explore aspects of

these and other questions presented in this introduction.

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 Purpose of Study

The purpose of this study was to investigate degree perseverance among African

Americans who have transitioned from undergraduate music programs at Historically

Black Colleges and Universities (HBCUs) to graduate music programs at Predominantly

White Institutions (PWIs). Using multiple theoretical lenses, I examined participants’

experiences and how those experiences influenced their perceptions of perseverance. This

study was guided by the following questions:

1) What are the experiences of African Americans who have transitioned from

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undergraduate music programs at HBCUs to graduate music programs at PWIs?

2) How do these students compare academic, social, and cultural aspects of their
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experience within two institutional environments?

3) What are these students’ self-perceptions of their own degree perseverance?

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4) What social, cultural, and academic aspects of their experience influence

perseverance among African Americans who have transitioned from

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undergraduate music programs at HBCUs to graduate music programs at PWIs?

Theoretical Frameworks

Cultural capital theory and community cultural wealth theory provide suitable

frameworks for exploring differences among students’ experiences of HBCUs and PWIs.

While these frameworks helped me to understand how multidimensional (e.g. social,

cultural, and academic) aspects of college experience influence students’ self-perceptions

of their own degree perseverance, these theoretical lenses are also problematic; this will

be discussed in more detail in Chapter Two. In this section, I present a general overview

of these theories.

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 Bourdieu defines cultural capital as “a form of knowledge, an internalized code or

a cognitive acquisition which equips the social agent with empathy towards, appreciation

for or competence in deciphering cultural relations and cultural artifacts” (Bourdieu,

1968, p. 7). He suggests that social agents actively negotiate hierarchical structures in

efforts to pursue cultural endowments within a given society and to transform their

current status. For instance, an individual may pursue specific credentials from an

accredited institution to gain additional economic capital that may then be converted to

both cultural and social capital, contributing to the individual moving into a higher class

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(Orr, 2003). Carter (2003) parallels “dominant capital” with Bourdieu’s definition of

cultural capital, “the conceptualization of powerful, high status cultural attributes, codes,
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and signals” (p. 138). Thus, individuals who obtain cultural capital are granted “the

ability to ‘walk the walk’ and ‘talk the talk’ of the cultural power brokers in our society”
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(Carter, 2003, p. 138).

Conversely, Carter (2003) states that non-dominant capital “embodies a set of

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tastes, or schemes of appreciation and understandings, accorded to a lower status group,

that include preferences for particular linguistic, musical, or interactional styles” (p. 138).

Yosso (2005) asserts that those whose culture is subordinate to the dominant culture must

employ additional strategies in efforts to access dominant cultural capital. Yosso

proposes community cultural wealth as a theoretical framework that not only provides

insight, but also a language that functions as a bridge of empathy between dominant and

non-dominant cultures. She defines community cultural wealth as a collection of

knowledge, skills, and abilities employed by people of color to gain access to dominant

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cultural capital using multiple informational networks within the community, family, or

immediate relationships.

Although dominant and majoritarian groups in society may not acknowledge non-

dominant capital, Yosso (2005) and Carter (2003) suggest that it is important and should

be recognized. Non-dominant capital has always been a vital part of the culture and

structures within the communities of people of color (Yosso, 2005) and has consistently

been used to navigate institutional structures that were not created with people of color in

mind. While dominant and non-dominant cultures are distinctly different, obtaining

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cultural currencies of a particular majoritarian society is a common theme among both

(Carter, 2003).
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While cultural capital theory and community cultural wealth theory focus on class

and status acquisition, Stroter, Mienko, Chang, Kang, Miyawaki, and Schultz (2012) state
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that “class, race, and place are intricately bound to one another and a singular focus on

any of these factors is an insufficient explanation for educational outcomes” (p. 18-19).
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Echoing W. E. B. Du Bois’ concern towards inequity and race dynamics in the U.S. from

the late 19th to the 20th century (Du Bois, 1903, 1968), Stroter et al. propose that the

“color line” continues to be an issue in the 21st century (p.18). Although cultural capital

theory and community cultural wealth theory were used as theoretical frameworks to

analyze and understand data within this study I will also examine the intersection of race

and access to capital.

Legal Issues Surrounding the Education of African Americans

Revising the societal and legal structures in the United States that support

practices of segregation has proved to be a daunting and ongoing task (Allen & Jewell,

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2002; Karson, 2005; Kaplin & Lee, 2007). The Emancipation Proclamation and the

ending of the Civil War both theoretically abolished slavery. However, freedom for

slaves did not happen immediately. For example, not until Union Major General Gordon

Granger and his soldiers seized Galveston Island on June 19, 1865, did Texas comply

with the already two-year-old Emancipation Proclamation

(https://www.tsl.state.tx.us/ref/abouttx/juneteenth.html).

Shortly thereafter, Congress ratified the Fourteenth and Fifteenth Amendments of

the United States Constitution. The Fourteenth Amendment (1868) guaranteed equal

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protection of the rights of African Americans and the Fifteenth Amendment (1870)

granted African American men the right to vote (Kaplin & Lee, 2007). In response to the
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Fifteenth Amendment, White extremists in the South employed multiple strategies in

efforts to discourage or prevent Blacks from voting. Some of their tactics included
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literacy tests, poll taxes, harassment, lynching, and other brutal forms of violence

(Karson, 2005). Almost a century later, southern African Americans would be guaranteed
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the right to vote through the passage of the Voting Rights Act of 1965 (Karson, 2005).

Despite a shift in legislation and the effort of assimilating Blacks into society

during the late 1800s, Karson (2005) states that “the Supreme Court struck perhaps the

most crippling blow to the Black struggle for equality” in the 1896 court case of Plessy v.

Ferguson, ruling that “separate but equal institutions were constitutional in primary and

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secondary public schools” (Allen & Jewell, 2002). This ruling allowed school districts to

maintain de facto1 school segregation, often in institutions that were not truly equal.

Fifty-four years later, in Sweatt v. Painter (1950), an African American man

named Herman Marion Sweatt challenged Plessy. At the time, no law school in Texas

admitted any African American students. Assisted by the National Association for the

Advancement of Colored People (NAACP), he filed suit against the University of Texas

in Austin in 1946, after being denied admittance into UT’s Law School by then-president

Theophilis Painter solely due to his race (http://www.oyez.org/cases/1940-

1949/1949/1949_44). The District Court denied Sweatt a mandamus2 in efforts to seek a

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remedy of resolution. The court continued the case while the state established a separate
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law school in Houston, Texas State University for Negroes (TSUN). The District Court

ruled that at TSUN, “privileges, advantages, and opportunities for the study of law [were]
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substantially equivalent to those offered by the state to White students at the University

of Texas” (http://www.oyez.org/cases/1940-1949/1949/1949_44). Although Sweatt was

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offered the opportunity to attend the newly erected school, he refused.

TSUN’s non-accredited Law School, however, was not equipped with resources

equal to that of UT. For instance, UT’s Law School had 16 full-time and three part-time

professors, 850 students, a library of 65,000 volumes, a law review, moot court facilities,

distinguished alumni, and other resources. Conversely, TSUN had five full-time

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Racial segregation not supported by legal requirement, but that happens by fact.
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A writ or order issued from a court of superior jurisdiction that commands an inferior
tribunal to perform, or refrain from performing a particular act, the performance or
omission of which is required by law as an obligation.
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professors, and four of those commuted from UT in Austin to TSUN. The school had 23

students, a library of 16,500 volumes, a practice court, a legal association, and one

alumnus admitted to the Texas Bar.

(http://www.law.cornell.edu/supct/search/display.html?terms=Sweatt&url=/supct/html/hi

storics/USSC_CR_0339_0629_ZO.html).

After the District Court denied Sweatt’s request, his lawyers from the NAACP

sent the case to the Court of Civil Appeals in the Texas Supreme Court where Sweatt was

denied a writ of error on further appeal. However, due to the constitutional issues

involved, Sweatt was granted a certiorari.3 The case eventually was heard by the U.S.

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Supreme Court where, in a unanimous decision, justices held that “the Equal Protection
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Clause [of the Fourteenth Amendment] required that Sweatt be admitted into the

university” (http://www.oyez.org/cases/1940-1949/1949/1949_44). The Court also found

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that the separate Law School was “grossly unequal,” arguing that “the separate school

would be inferior in multiple areas including faculty, course variety, library facilities,
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legal writing opportunities, and overall prestige”

(http://www.law.cornell.edu/supct/search/display.html?terms=Sweatt&url=/supct/html/hi

storics/USSC_CR_0339_0629_ZO.html). In addition, the Court stated that “mere

separation of the majority of the law students harmed students’ ability to compete in the

legal arena” (http://www.oyez.org/cases/1940-1949/1949/1949_44). Sweatt (1950) was

the first case that successfully challenged the “separate but equal” doctrine, setting a

3
A writ or order by which a higher court reviews a decision of a lower court.
9