National Post (National Edition)

The crime in U.S. college scandal is that parents had no moral compass.

- MARNI SOUPCOFF National Post soupcoff@gmail.com Twitter: soupcoff

Who would have thought that wealthy celebritie­s such as model and actor Lori Loughlin, best known for her role as Aunt Becky on the inextingui­shable TV sitcom Full House, would be snobs about academic pedigree?

This week, federal officials in the United States charged Loughlin and 49 other people, including actor Felicity Huffman, for their roles in an alleged scheme to cheat in the college admissions process.

Loughlin , whose Wikipedia entry lists no record of her having completed any post-secondary education herself, is accused along with her fashion designer husband Mossimo Giannulli of paying US$500,000 in bribes to get their daughters into the University of Southern California (USC) on false pretences.

According to allegation­s in court documents, the USC admissions committee was purposely misled into thinking the daughters were promising recruits for the school’s women’s rowing team. Both young women got into USC. Neither young woman has spent any time in a sweep or skull.

In another case, according to criminal charges against a senior executive at a global private-equity firm, USC got duped into thinking a prospectiv­e student was a promising prospect as a football kicker despite the kid’s high school not having a football team.

For her part, Huffman is accused of spending US$15,000 to help boost her daughter’s admissions chances. According to investigat­ors, their confidenti­al informant told Huffman he could have someone correct Huffman’s daughter’s SAT answers once the young woman had completed her standardiz­ed test. And what do you know, Huffman’s daughter reportedly did significan­tly better on her SAT than she had on her practice test.

So, obviously, this is an ugly scandal that probably helps explain generation­al wealth loss. (If bribing a school to take your kid isn’t bad parenting that sets the kid up for moral, psychologi­cal and profession­al failure, I don’t know what is.)

And obviously, everyone involved in this scandal emerges looking awful, especially the coaches at elite schools who are alleged to have accepted bribes to help con admissions committees. (Speaking of elite schools, once Loughlin and Giannulli were paying, why didn’t they aim higher than USC? A sailing coach at Stanford is said to have been on the take, too.)

But you know what? As awful as all this behaviour is, it seems wrong to me that most of it is considered illegal. Not cool to scam your kid’s way into college, to be sure. And not fair for colleges to get stuck with star water polo recruits who can’t swim. Yet wouldn’t the more sensible remedy be for the schools that got scammed to sue civilly, rather than to have federal authoritie­s go around arresting privileged parents for having no moral compass?

These colleges are large institutio­ns with enviable endowments. There’s not an access-to-justice issue for them the way there would be for, say, a small shop owner getting squeezed for protection money by the Mafia, or a gullible grandma getting swindled into buying swampland in Florida (the sort of victims with whom the criminal racketeeri­ng and mail fraud statues were designed in mind).

Yale and Stanford already have high-end legal teams on speed-dial, and they have every interest in taking their own legal actions to help protect their reputation­s and prevent future messes of the same sort (not to mention recovering financial losses).

And the people the schools would be suing?

Well, let’s just say there is unlikely to be any problem collecting on judgments against parents who were OK with paying a million dollars to get their kid into college. (Andrew Lelling, U.S. attorney for the District of Massachuse­tts, told a news conference Tuesday that people paid “anywhere between $200,000 and $6.5 million for this service.”)

Same goes for collecting from the man who is alleged to have mastermind­ed and controlled the whole scheme, and therefore alleged to have been receiving up to millions of dollars per client.

Better that these private parties bear the legal costs of righting these wrongs than the taxpayer, who may or may not care about Yale’s reputation being sullied or about a kid getting into Wake Forest when he really should have gotten into Boston College at best, even on a good day.

Criminal law is supposed to be reserved for offences against society or the state or the public. Top-tier private universiti­es are not society or the state or the public.

As gross as it is for rich people to throw their money around in this way (“These parents are a catalogue of wealth and privilege,” Lelling told the press, as though that were crime enough), it’s not the kind of transgress­ion that is well suited for the criminal justice system.

Monetary awards make more sense than imprisonme­nt, here, and frankly so does civil law’s lower standard of proof (which makes it more likely those who deserve to pay will pay).

Buying one’s way into the Ivy League is disgracefu­l, but it shouldn’t be a crime.

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