By The Associated Press

The next issue to be decided in a lawsuit alleging South Carolina still hasn’t desegregated its higher education system is whether historically black South Carolina State University will be a defendant or a plaintiff.

Current and former SC State students sued the state and the Commission on Higher Education saying duplicating SC State programs at other universities hurts the school’s bottom line and enrollment.

The suit asks for damages and a special mediator to recommend a remedy for what it calls a segregated higher education system.

Attorney Glenn Waters said Friday if the university doesn’t join as a plaintiff, he will name them as a defendant.

Board chairman Charles Way says the new SC State board has been handling other matters and has not yet been briefed on the case.