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Professional Perspective: I work in higher education admissions, with a focus on student development and leadership.

Audience: Admissions officers, enrollment managers, institutional leaders, and student affairs professionals.

Topic: Legal and Ethical Issues in College Admissions, with emphasis on recent Supreme Court decisions and their effect on institutional policy.

Why This Topic: Admissions is the gateway to higher education. How laws are interpreted and applied directly impacts access, diversity, and equity of opportunity.

(SFFA v. Harvard/UNC, 2023; U.S. Dept. of Education, 2025)

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Federal: U.S. Department of Education — Office for Civil Rights (OCR) enforces Title VI (race, color, national origin) and issues guidance.

State (Texas example): Texas Attorney General and regents oversee compliance; UT policies revised to align with Supreme Court ruling.

Takeaway: Institutions must align with federal, constitutional, and state law simultaneously.

(OCR; Texas AG statements, 2023–25)

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U.S. Constitution, 14th Amendment, Equal Protection Clause

Requires equal protection under the law.

Applies to public universities in admissions decisions.

Title VI of the Civil Rights Act (42 U.S.C. §2000d)

Prohibits race/national origin discrimination by institutions receiving federal funding.

Impact: These two provisions form the foundation for admissions law after the 2023 Students for Fair Admissions (SFFA) decision.

(U.S. Const. amend. XIV; 42 U.S.C. §2000d)

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​​Statute: Title VI of the Civil Rights Act of 1964

Prohibits discrimination on the basis of race, color, or national origin in federally funded programs.

Administrative Law: Department of Education/OCR Guidance (post-SFFA)

Interprets how institutions must apply Title VI in admissions.

Requires reliance on race-neutral alternatives and prohibits race-conscious admissions practices.

(42 U.S.C. §2000d; U.S. Dept. of Educ., 2025)

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Students for Fair Admissions v. Harvard & UNC (2023)

The Supreme Court held that race-conscious admissions violate the Equal Protection Clause and Title VI.

Requires institutions to adopt race-neutral policies.

Practice Effect: Schools must redesign admissions policies to comply; failure may result in lawsuits or OCR investigations.

(SFFA v. Harvard, 599 U.S. ___ (2023))

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OCR Enforcement of Title VI:

Investigates complaints of discrimination.

Requires institutions to show documentation of race-neutral admissions practices.

Key Requirement: Maintain transparent and lawful admissions processes that comply with federal standards.

(U.S. Dept. of Education OCR Guidance, 2025)

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University of Texas Admissions Policy Changes:

Removed race as a consideration in admissions.

Implemented alternative, race-neutral criteria such as socioeconomic indicators and academic context.

Key Point: Local policies reflect how institutions implement federal law and court rulings.

(UT Regents, 2023–24; federal litigation filings)

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1. Adopt Race-Neutral Admissions Rubrics — Use clear, legally sound criteria (e.g., grades, first-gen status, socioeconomic indicators).

2. Maintain Strong Documentation — Keep audit trails of admissions decisions to demonstrate compliance.

3. Train Admissions Staff — Provide legal and ethical training to ensure consistent application of new policies.

(Dept. of Education guidance, 2025)

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NACAC Guide to Ethical Practice in College Admission

Emphasizes fairness, transparency, and equity in the admissions process.

Connection: Legal compliance (Title VI, Equal Protection) must align with ethical obligations to ensure admissions practices remain student-centered and just.

(NACAC, Guide to Ethical Practice)

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Policy changes shape student opportunity. Learning SFFA/Title VI clarified the importance of transparent, race-neutral practices.

This guides me to design fair rubrics, advocate for equitable outreach, and ensure compliance while protecting student access.

(Personal reflection; SFFA, 2023)

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Develop and publish race-neutral admissions rubrics.

Eliminate race from evaluative checklists; collect demographic data separately.

Keep detailed records and conduct compliance audits.

Require annual legal review of admissions practices.

Expand lawful outreach to underserved communities (pipeline programs).

Review scholarship/aid agreements for compliance.

Communicate policies transparently to applicants and families.

(Dept. of Education; NACAC, 2025)

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National Association for College Admission Counseling. (2021). Guide to ethical practice in college admission. NACAC. https://www.nacacnet.org/who-we-are/what-we-do/guiding-ethics/nacacs-guide-to-ethical-practice-in-college-admission/

Students for Fair Admissions v. President & Fellows of Harvard College, 599 U.S. ___ (2023). https://www.supremecourt.gov/opinions/22pdf/20-1199_hgdj.pdf

Students for Fair Admissions v. University of North Carolina, 599 U.S. ___ (2023). https://www.supremecourt.gov/opinions/22pdf/20-1199_hgdj.pdf

U.S. Const. amend. XIV, § 1.

U.S. Department of Education, Office for Civil Rights. (2025, February 14). Dear Colleague Letter on race and admissions. U.S. Department of Education. https://www.ed.gov/media/document/dear-colleague-letter-sffa-v-harvard-109506.pdf

U.S. Department of Education. (2023). Press release: Guidance following Supreme Court ruling on affirmative action.https://www.ncan.org/news/649024/EDDOJ-Release-Guidance-Following-SCOTUS-Decisions-Around-Race-Based-Admissions.htm

Civil Rights Act of 1964, Title VI, 42 U.S.C. § 2000d et seq. (1964). https://www.justice.gov/crt/fcs/TitleVI-Overview

University of Texas System Board of Regents. (2023). Policy revisions on admissions practices post-SFFA. https://www.utsystem.edu/offices/academic-affairs/academic-planning-policy-0/admission-policy-amendments