THE VIRGINIAN-PILOT
Copyright (c) 1994, Landmark Communications, Inc.
DATE: Saturday, August 13, 1994 TAG: 9408130283
SECTION: FRONT PAGE: A1 EDITION: FINAL
SOURCE: FROM WIRE REPORTS
DATELINE: CHARLESTON, S.C. LENGTH: Medium: 59 lines
Three days before she was to don military gray and break The Citadel's 151 years of all-male tradition, a federal appeals court on Friday ordered Shannon Faulkner back to civilian life.
In a 2-1 decision, the 4th U.S. Circuit Court of Appeals in Richmond granted a Citadel motion to keep Faulkner out of its uniformed corps until the court hears a formal appeal in December.
She may continue as a daytime civilian student at The Citadel until then. But she can't wear a uniform, live on campus, participate in the elaborate Friday parades with cannon fire or join any activity outside her classes. Nor can she eat meals with other students until she is admitted to the corps of cadets, which governs most aspects of campus life.
School policy is not to accept new cadets for the January term. If the court rules in her favor, Faulkner likely would not be allowed to enroll in the school until next fall.
The 19-year-old seemed to be taking it in stride.
``Nothing surprises me anymore. This is the third stay that has been put on my case. It's just like another day for me,'' Faulkner said.
The Citadel won a similar stay a year ago to keep Faulkner out of its day classes. She entered in January after U.S. Supreme Court Chief Justice William Rehnquist refused to keep her out.
Only about 300 of The Citadel's 2,000 cadets were on campus Friday, but cheers rang out among them when the appeals court ruling was announced over a public address system.
``We're ecstatic,'' senior cadet David Abrams said. ``I'm going to hope for the best.''
The one-page order was issued without comment by Judges Paul V. Niemeyer and Clyde Hamilton.
Judge Kenneth K. Hall dissented, saying, ``By all rights Ms. Faulkner should be preparing to enter her second full year of military instruction and training as a full-fledged member of the corps of cadets.
``That such a situation could be tolerated in the 19th century is not surprising, but we are about to embark on the 21st,'' he wrote.
Faulkner could appeal for an emergency ruling from the U.S. Supreme Court, but her lawyer, Bob Black, said, given the time constraints, ``We're going to have to live with it, as disappointed as we are.''
The Citadel and Virginia Military Institute are the only all-male, state-supported military schools in the nation. VMI's all-male policy also is being challenged by the Justice Department.
South Carolina has proposed creating an all-women's training program instead of making The Citadel coeducational. ILLUSTRATION: "Nothing surprises me anymore," Shannon Faulkner said Friday.
KEYWORDS: CITADEL APPEAL MILITARY SCHOOL 4TH U.S. CIRCUIT CIRCUIT
COURT OF APPEALS by CNB