Jan. 15, 2002
Campus Plan Moves to Federal Court
GW Argues BZA Ruling Compromises
Academic Mission, Students Rights
By Greg Licamele
The University revived its lawsuit against the District
of Columbia last week in federal court after the Board of Zoning Adjustment
(BZA) ruled GW must house 70 percent of its full-time undergraduate
population on campus, an order that potentially threatens the Universitys
academic mission, students rights, and the admissions process.
GW also plans to file a motion for summary judgment to expedite the
case for a final decision by mid-March.
In its Dec. 21 ruling, the BZA ordered GW to house
70 percent of its full-time undergraduate population within campus boundaries
and in University-owned or leased property in the Foggy Bottom/West
End area by Aug. 31, 2002. By Aug. 31, 2006, GW must house 70 percent
of its undergraduates exclusively within the campus boundaries. The
BZA also ordered, in essence, an enrollment cap, says Charles Barber,
GWs senior counsel. For every additional undergraduate over 8,000,
the University must provide an additional bed.
The order disrupts the institutional decision-making
process and strikes a balance heavily weighted toward housing, to the
detriment of the other parts of the University, Barber says. Housing
is an important concern, but we are not strictly in the housing business.
We are in the education business.
As of September 2001, the University had 4,056 beds
within campus boundaries for its 8,058 full-time undergraduate students.
An additional 1,395 beds are used now by students outside the campus
plan in buildings such as City Hall, Pennsylvania House, Hall on Virginia
Avenue, and the Aston. Barber believes the five-member BZA ruling is
illogical because while the University can legally use this housing
for students, the properties will not count toward meeting the campus
plan housing requirements.
I dont know what the BZA expects,
Barber says. I dont know whether they expect us to sell
these properties or discontinue them for housing. They certainly dont
have the authority or the right to force us to do that.
The University plans to add more residence hall rooms
with the construction of two facilities near the Smith Center on 23rd
Street. These two buildings, which are scheduled to be open for the
200405 academic year, will add a total of 900 beds to the on-campus
system. The University also awaits a ruling by the DC Zoning Commission
as to whether the Elliott School of International Affairs building at
1957 E St. and its 193 beds will be approved under the current building
permit conditions. If the Zoning Commission approves the project, then
those additional beds will be included within the campus boundaries.
Barber also says GW is considering other sites for
residential facilities such as the property around the School Without
Walls. However, the BZA order does not provide the flexibility necessary
to both develop these properties over time and to meet the Universitys
academic mission. GW owns the tennis courts and other properties next
to the School Without Walls. The University is exploring a joint program
with the DC School Board to build a new School Without Walls, which
would create more space for a larger GW residence hall than what can
be constructed now. Barber says the DC School Board has not agreed yet
and that these decisions take time, which the BZA order does not afford.
This forces GW to alter its planning from primarily academic to residential.
If we dont meet this Aug. 31 deadline,
then we will not be able to get approvals to build anything thats
not at least 50 percent residential, notes Barber, citing that
building approvals range from new projects to existing structural renovations.
Housing has to really flow from our primary academic mission.
Unfortunately, the BZA order turns that on its head.
Barber believes this order also infringes on the basic
rights of students under the equal protection clause of the US Constitution
and under the DC Human Rights Act, which protects a person on the basis
of their status as a student. Barber says the BZA order discriminates
against students by restricting housing options.
We believe students should have that right to
move off campus, particularly as they grow older and more mature,
Barber says. One of the things the University ends up doing is
contributing to the maturation of students. As they mature and want
more freedom, they should have that right. This order would push the
University to try to restrict those rights of students.
The BZA order requires GW to adopt a policy mandating
freshmen and sophomores, with certain exceptions, to live on campus.
Barber says the BZA ruling could have a similar impact on upperclassmen
if it is not revised.
I dont know of any other jurisdiction
that the government tells the private institution that you must house
a certain percentage of your students, in addition to capping the enrollment,
Barber says.
According to Barber, Georgetown University is the
only institution that faces any type of similar restrictions to those
placed on GW. The BZA maintained a cap on Georgetowns undergraduate
enrollment, even as the institution builds new housing. Georgetown is
appealing its BZA order.
Ours goes further, he explains. There
is a cap on our total enrollment, but also there is a strict housing
requirement for full-time undergraduates, which acts as a separate kind
of cap on our full-time undergraduate population.
The enrollment restrictions directly impact the admissions
process. With acceptance letters scheduled to be sent in mid-March,
the University needs answers from the federal court. If the BZA order
were already in effect for this academic year, GW would have to provide
1,400-1,600 more beds on campus given its current full-time undergraduate
population of 8,058.
To the extent that we have any undergraduate
population increases, even beyond where we are now, then we have to
provide one additional bed for every new undergraduate student,
Barber says. This makes the burden even greater.
Barber says the Universitys primary aim is to
provide the proper balance among the academic, residential, and social
needs of GW. Our ultimate goal is to get a set of conditions in
the campus plan which addresses the need for additional undergraduate
housing, but allows the University the necessary flexibility to operate
as a first class academic institution of higher education.
Send feedback
to: bygeorge@gwu.edu