Wiseman finds lawful Scholarship Board’s methodology

The Superior Court has affirmed the Scholarship Board’s 2006 award of Honors Scholarships that denied the honor scholarship application of former Youth Congress Senator Roselle Demapan Calvo.

Associate Judge David A. Wiseman ruled that the methodology employed by the Scholarship Board to rank eligible applicants was consistent with the requirements of Public Law 14-37.

P.L. 14-37 or the CNMI Scholarship Act of 2004 sets for criteria for qualifying students for acceptance into the CNMI Honor Scholarship Program.

Calvo has failed to demonstrate that an award of a Honors Scholarship was conditioned on the governor’s approval.

“Even if such consent was sought, the plaintiff’s (Calvo) application had already been rejected once the awardee names were forwarded to the governor,” said the judge in his final decision issued on Friday.

Wiseman also ruled that Calvo was afforded adequate process under the law.

Wiseman pointed out that from the record, it appears that the Scholarship Board afforded plaintiff ample opportunity to be heard, and impartially reconsidered her candidacy.

With a Grade Point Average (GPA) of 3.90, Calvo graduated as salutatorian of her class from Marianas Baptist Academy in May 2006. She timely applied for a CNMI Honor Scholarship Program to pursue her post-secondary education.

Under the Honor Scholarship Program, the board awards up to eight Honors Scholarships to eligible recipients from Saipan based on their scholastic achievement.

On Aug. 28, 2006, Administrator Merissa Seman sent a letter informing Calvo that she was not awarded an Honor Scholarship.

As grounds for denying the application, Seman stated that Calvo ranked 11th among the applicants.

Calvo appealed. The board rejected her request for reconsideration.

In 2007, Calvo, through counsel Robert Torres, sued the Scholarship Board, Seman and board members, for their alleged improper decision denying her honor scholarship application.

At the time, Calvo was studying at the New York University.

In the lawsuit, Torres alleged that the board’s regulations directing the calculation of applicant rankings and the board’s attendant award of Honors Scholarships were arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with P.L. 14-37.

Torres asserted that a decision to condition selection of an Honor Scholarship on the approval or recommendation of the governor violated P.L. 14-37 and is arbitrary, biased, capricious, and an abuse of discretion.

Torres said the calculation of certain GPAs in excess of a 4.0 ceiling was entirely arbitrary, capricious, and unsupported by substantial evidence.

He also argued that the boards’ decision to reject Calvo’s request for reconsideration was without observance of procedure required by law.

Assistant Attorney General Braddock J. Huesman appeared at the final hearing in October 2007 on behalf of defendant Scholarship Board.

In his decision, Wiseman determined that the Scholarship Board’s ranking methodology as provided in the Scholarship Regulations, and as exhibited in the board’s selection of candidates, is consistent with the plain language and the overall purpose of P.L. 14-37.

Wiseman noted that in essence, the Scholarship Board was able to develop an objective method of ranking applicants without having to reveal the identity of the candidate.

“Such a method, which must at least initially eschew identifying criteria such as extracurricular activities and letters of recommendation, ensures that candidates will be picked solely on their academic achievements rather than through improper subjective considerations such as familial or ethnic identifiers,” the judge said.

On the governor’s approval issue, Wiseman said there is no evidence to suggest that the list of candidates was presented to Gov. Benigno R. Fitial with the intent of obtaining his approval.

“Plaintiff’s chances of being awarded an Honors Scholarship would not have been adversely impacted by any improper gubernatorial interference. Consequently, the court will not inquire further into these largely unfounded accusations,” he said.

With respect to due process issue, Wiseman said in light of Calvo’s limited property interest in the scholarship award, the board provided her with adequate due process during the proceedings involving her appeal of the board’s decision not to award her a scholarship.