Admission in colleges and universities across the country is at an all-time high with competition fierce for spots in incoming classes. Studies show thatathleteshad a 48% better chance of admission than regular students with similar academic achievements in high school and similar standardized test scores.Division Iathletesin "high-profile" sports such as football and basketball at public universities average almost 250 points lower on SAT scores than regular students. Many of these studentathletes gain admission through "special admit" programs where schools accept a group of applicants who do not meet regular admission standards.

At San Diego State University (SDSU), from 2003 to 2006 more than half of the scholarshipathleteshad lower standardized test scores and high school GPAs than other admitted students. Many of theseathleteswere classified as "special admits."In the San Diego State admissions process, many students with academic credentials that fall far below the average of San Diego State incoming freshman gain admission. These students are classified as "special admits" and are selected, according to the school, through criteria such as socioeconomic background, local residency, special talents, and other factors. However, between fall 2003 and spring 2006, San Diego State admitted 248 students classified as "special admits."All of these 105 intentional "special admit" students wereathletes.

Kamal, an African American high school student from Chicago, applied to SDSU with a SAT score of 2120 and a high school GPA of 4.0, both well above the school's average. SDSU denied Kamal's admission. Christine, a white high school student from Philadelphia, is the top recruit for women's basketball in the nation. She gained admission to SDSU with a 1300 SAT score and a 2.5 GPA, well below the school's average. When questioned, SDSU reports that Christine was a special admit for her athletic ability. Kamal finds out and wants to sue.

USING THE CORRECT LEVEL OF SCRUTINY TEMPLATE For part A and B

A. You are the Vice President of Admissions at SDSU, make the argument that your action meets that standard

B. You are Kamal's lawyer, make the argument that the school's action DOES NOT meet that standard.