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Director of Admissions- University Recruitment presenting to Admissions Counselors for Annual Training before peak recruitment season

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Race and Admissions

The 2016 Fisher v. University of Texas case has always intrigued me. Fisher, a 2008 applicant to the University of Texas, was not in the top ten percent of her graduating class (which did not grant her automatic admission) and had to compete for admission amongst other candidates. Fisher, who was denied admission, felt that if she were a minority, she would have been granted admission and filed a suit against the university, claiming the decision was in violation of the Fourteenth Amendment.

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Race and admissions is a hot topic that has been challenged in court with Harvard, The University of Texas, and Michigan State. Applicants denied feel that they are unjustly rejected due to their race. Affirmative Action was established to help increase marginalized groups where they have historically been underrepresented, but has been banned in some states. There have been many arguments for and against race-conscious policies in admissions and continues to be an issue in higher education.

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California, a state with affirmative action banned, is moving to repeal the ban, allowing race to be considered in admissions decisions. While California’s population has many Latino and Black students, the University of California system does not reflect these demographics. Some university administrators have mentioned that the pan on affirmative actions has had a “negative impact on access to higher education” (Gordon, 2020). Other administrators argue that the repeal will disproportionately affect students socioeconomically. This will be an issue to follow, and if repealed, it will be interesting to see if other states with the ban follow suit.

Gordon, L. (2020, June 22). California universities prepare for possible return of affirmative action in admissions. EdSource. https://edsource.org/2020/california-universities-prepare-for-possible-return-of-affirmative-action-in-admissions/634178

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National Association for College Admission Counseling

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National Association for College Admission Counseling

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National Association for College Admission Counseling. (2019, Oct 2) National association for college admission counseling- NACAC applauds court decision on Harvard admissions practices. https://www.nacacnet.org/news--publications/newsroom/press-releases/nacac-applauds-court-decision-on-harvard-admission-practices/

The National Association for College Admission Counseling (NACAC) released a statement following the ruling in favor of Harvard University and it’s admissions practices. The NACAC CEO mentions not ignoring the systemic inequalities in college access that students face and not restricting colleges from acting on those inequalities. This message is important to admissions professionals, as institutions should not be considered discriminatory for attempting to diversify their campuses on the basis of race, and combat against the systemic inequalities that marginalized groups face.

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Arlington, VA (Oct. 2, 2019) - NACAC applauds yesterday's US District Court decision regarding Harvard University's admission practices. The court found that the university's method for limited consideration of race and ethnicity did not reflect discriminatory intent or create a discriminatory effect in the administration of its undergraduate admission process.

In so doing, the court has recognized that despite the difficulty inherent in crafting race-conscious admission policies, the importance of preserving an institution's ability to consider disparities between racial and ethnic groups remains a compelling interest.

"We are pleased that the court has rebuffed an effort to obtain a ruling, denied in previous lawsuits, to end the consideration of race in college admission and restrict a university's ability to assemble a diverse student body," said Joyce Smith, NACAC CEO.

"As we examine the systemic inequities in college access, we cannot afford to further restrict colleges' ability to identify talent in the context of significant disparities between students."

About NACAC
The National Association for College Admission Counseling (NACAC), founded in 1937, is an organization of more than 15,000 professionals from around the world dedicated to serving students as they make choices about pursuing postsecondary education. NACAC is committed to maintaining high standards that foster ethical and social responsibility among those involved in the transition process, as outlined in the association's Code of Ethics and Professional Practices.

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NACAC Applauds Court Decision on Harvard Admission Practices

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Arlington, VA (Oct. 2, 2019) - NACAC applauds yesterday's US District Court decision regarding Harvard University's admission practices. The court found that the university's method for limited consideration of race and ethnicity did not reflect discriminatory intent or create a discriminatory effect in the administration of its undergraduate admission process.

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What Constitutes Discrimination in College Admissions?

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What Constitutes Discrimination in College Admissions?

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Weisman, D. L. (2019). What constitutes discrimination in college admissions. Regulation, 42(2), 24–27. https://www.cato.org/sites/cato.org/files/serials/files/regulation/2019/6/reg-v42n2-1.pdf

Those in favor of race-based preferences argue that colleges should have considerable discretion over admissions to enhance the educational experience of their students.

Those against race-based admissions argue that race-based admissions practices are discriminatory.

Weisman argues that “discriminatory” implies that a less-qualified applicant is admitted over a more-qualified applicant, but it is not discriminatory when a holistic approach is taken.

Admitted students may bring varying things to the institution. For instance, a student may bring academic talent, athletic talent, diversity, or financial resources.

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Most Americans Say Colleges Shouldn’t Consider Race

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Most Americans Say Colleges Shouldn’t Consider Race

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Jaschik, S. (2019, March 4). Most Americans say colleges shouldn’t consider race. Inside Higher Ed. https://www.insidehighered.com/admissions/article/2019/03/04/survey-finds-most-americans-say-colleges-shouldnt-consider-race

In a 2019 study, almost three-fourths of a sample of Americans (said that race and ethnicity should not be a factor consistent with previous studies.

Additionally, 63% of respondents in a study said that Affirmative Action was a good thing.

Legally, colleges cannot make a decision solely based on race.

The study shows that respondents generally did not like special considerations such as race, legacy status, or athletic ability.

Data shows that only 2.4% of colleges reported that race was a considerable influential factor, while 13% said it was a factor of moderate influence. Overally, colleges weigh grades and test scores considerably more than any other factors.

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U.S. Const. amend. XIV

https://constitution.congress.gov/constitution/amendment-14/

prohibits states from violating an individual's rights of due process and equal protection

Equal protection limits the state and federal governments' power to discriminate in their practices by treating applicants unequally due to race, religion or sex

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Fisher v. University of Texas at Austin, 579 U.S. ___ (2016)

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Fisher v. University of Texas at Austin, 579 U.S. ___ (2016)

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Fisher, a white student, was denied admissions to UT Austin in the Fall of 2008 and argued that UT’s use of race in admission violated her 14th amendment right to equal protection.

US Supreme Court upheld UT Austin’s affirmative action

US Supreme Court confirmed that universities must prove that race is considered only as necessary to meet the permissible goals of affirmative action. In particular, the university must prove that “race-neutral alternatives” will not suffice to meet these goals

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Banned discrimination on the basis of race and is considered one of the major legislative achievements of the civil rights movement

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This image is from the public law print or enrolled bill, not the Statutes at Large volume. Enrolled bill images labeled as such in red.

If an enrolled bill image has a lower part of the page with an "x" or line through it, add an "x" to the page number to see the second image of the page. For example, page "123" would become "123x".

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This image is from the public law print or enrolled bill, not the Statutes at Large volume. Enrolled bill images labeled as such in red. If an enrolled bill image has a lower part of the page with an "x" or line through it, add an "x" to the page number to see the second image of the page.

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In administering a program regarding which the recipient has previously discriminated against persons on the ground of race, color, or national origin, the recipient must take affirmative action to overcome the effects of prior discrimination.

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University of Texas System. (2014). Best practices in admissions processes for undergraduate and professional programs. 

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University of Texas System. (2014). Best practices in admissions processes for undergraduate and professional programs. 

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The University of Texas System considers race/ethnicity (beginning with Fall 2005) in an applicant’s Personal Achievement Index (PAI) as a part of its holistic approach.

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Council for the Advancement of Standards in Higher Education (2015). CAS statement of shared ethical principles. http://standards.cas.edu/getpdf.cfm?PDF=D67207DB-A711-46AA-86038F4A48ACF434

“We actively promote human dignity and endorse equality and fairness for everyone.”

“We examine the influence of power on the experience of diversity to reduce marginalization and foster community.”

In reviewing the CAS Statement of Shared Principles, an admissions counselor may grant admission to a qualified student based on race in an effort to reduce marginalization. The admissions counselor must ensure that the prospective student is well-qualified for standard admissions purposes in case there are questions surrounding the decision to admit.

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5 Reasons to Support Affirmative Action in College Admissions

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5 Reasons to Support Affirmative Action in College Admissions

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Maxwell, C. & Garcia, S. (2019, October 1). 5 reasons to support Affirmative Action in college admissions. Center for American Progress. https://www.americanprogress.org/issues/race/news/2019/10/01/471085/5-reasons-support-affirmative-action-college-admissions/

Affirmative Action combats the effects of discrimination from past years, and it is important to protect race-conscious practices in admissions to help lessen the gap of underrepresented students. Institutions should be intentional with evaluating prospective student applications and admitting them.

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Despite their efforts to impede the nation's progress toward educational equity and pit communities of color against each other, leading civil rights groups continue to defend the use of affirmative action, and research continues to demonstrate its need. Race-conscious admissions practices remain necessary in the fight for racial equity in higher education. In this column, we explore five reasons to support affirmative action in college admissions.

1. Students of color remain underrepresented on college campuses

College enrollment and completion rates have risen significantly over the past four decades. However, students of color, especially black and Latinx students, are more underrepresented at selective universities today than they were 35 years ago. In fact, a black student enrollment disparity exists at 45 of the 50 flagship state universities, meaning that the percentage of undergraduates who are black is lower than the percentage of high school graduates in that state who are black. For example, black students constituted 50 percent of 2015-2016 high school graduates in Mississippi, but were just 12.9 percent of University of Mississippi undergraduates.

Banning affirmative action only worsens this persistent problem. For example, one study found that students of color experience a 23 percentage point decline in likelihood of admission to highly selective public colleges after an affirmative action ban goes into effect.

While much progress has been made in recent decades, students of color still remain underrepresented on college campuses nationwide. Prioritizing diversity and employing race-conscious admissions policies are critical for promoting equity in higher education.

2. Prioritizing diversity benefits students of all races

Diversity on college campuses enhances the educational experiences of students of all backgrounds. Evidence gathered by the Century Foundation suggests that racially integrated classrooms can reduce students' racial bias, improve satisfaction and intellectual self-confidence, and enhance leadership skills. These benefits may translate to better economic outcomes and, among other payoffs, prepare students to work in a diverse global economy, increasing the productivity, effectiveness, and creativity of teams.

Institutions of higher education have placed a greater priority on integration and campus diversity in recent decades. White women may have been among the greatest beneficiaries of this effort. Between 1967 and 2009, female college enrollment more than doubled-from 19 percent of all students to 44 percent. During this period, the percentage of white women age 25 to 35 with college degrees surged from less than 15 percent to more than 40 percent.

People of color have also benefited significantly from college integration and efforts to prioritize campus diversity. Between 1976 and 2008, black and American Indian/Alaska Native people saw their share of total college enrollment increase by 39 percent and 46 percent, respectively. Hispanic and Asian/Pacific Islander people's enrollment share more than doubled during this period as well.

Overall, an abundance of evidence demonstrates that systematic efforts to prioritize diversity in college admissions can improve the representation of historically excluded groups while bolstering the educational experiences and economic outcomes of all students.

3. Affirmative action in education promotes diversity in ways a focus on income alone cannot

While income can and should be considered as part of a holistic evaluation of applicants, it should complement rather than supplant the consideration of race and ethnicity. Income can serve as a good indicator of a household's ability to cover regular expenses, but it doesn't tell the whole story about economic well-being and access to higher education.

Wealth makes it easier for families to relocate to better school districts, purchase test preparation books and classes, and pay or help pay college tuition. But centuries of systemic racism and intergenerational transfers have provided white households with far more wealth than households of color, even after controlling for income. In fact, middle-income white households typically have twice as much wealth as their Latinx counterparts and three times more wealth than their black counterparts. As a result, students of color (especially black students) are more likely than similarly situated white students to attend underfunded and high-poverty K-12 schools.

Even when students of color have wealthy parents or attend the same schools as white students, they experience the U.S. educational system differently. For example, students of color are less likely to be referred to "gifted and talented" programs, even after controlling for test scores, health, socio-economic status, and classroom and school characteristics. Schools are also more likely to suspend or expel students of color than white students. Beginning as early as preschool, these experiences can hinder social-emotional and behavioral development; limit educational experiences; obstruct the process of identifying and addressing underlying issues; and contribute to increased family stress and burden due to challenges in finding an affordable and suitable alternative placement. Data also show that race-based bullying is on the rise, and black and Latinx students who experience bullying are more likely to suffer academically than their white peers. Until the racial wealth gap and other forms of structural racism are eliminated, income alone will be insufficient for promoting diversity on college campuses nationwide.

4. Affirmative action helps colleges take steps toward greater equity in admissions

Overall, affirmative action is a mechanism that has allowed historically excluded groups to attend college. Students of color have long faced systemic barriers in the American education system, including exclusion, segregation, underfunding, fewer resources, and lower familial wealth. As a result, students of color are more likely to fare worse on the indicators of success that colleges evaluate for admission, making it harder for people of color to access top-tier public and private colleges. Race-conscious admissions practices, such as affirmative action, attempt to remedy these inequities by encouraging colleges to take a closer look at some of the nontraditional factors that could make a student successful-factors often overlooked in traditional admissions criteria.

Wealthier, often white, students are more likely to have had a parent that attended college-meaning those students are likely to benefit from practices such as legacy preference. In addition, white students are likely to have greater amounts of wealth and attend K-12 schools that provide multiple extracurricular activities, sports programs, and college prep resources. As a result, these students are particularly competitive applicants for top-tier institutions. Affirmative action allows colleges to use holistic reviews to consider race as one of many factors under evaluation when reviewing applicants. Therefore, affirmative action betters the chances of a student of color receiving fair, comprehensive consideration instead of being overlooked for admission.

5. Affirmative action helps promote social mobility

Despite the barriers low-income students and students of color face to gain access to higher education, research has shown that once admitted to top-tier institutions, low-income students complete their degree at higher rates and earn almost as much as wealthy students postgraduation. These findings suggest that all students, regardless of background, benefit from the value top-tier institutions provide. So while some argue that low-income students and students of color may be overwhelmed by the academic rigor at selective colleges, research suggests the opposite.

Affirmative action can help to level the playing field by ensuring all students-regardless of wealth, privilege, or background-have a chance to benefit from the advantages selective colleges provide. As a result, low-income students and students of color increase their chances of emerging from poverty and stepping into the middle class.

Conclusion

For decades, elite colleges and universities closed their doors to students of color. As a result, students of color remain vastly underrepresented at the country's top-tier institutions. Affirmative action combats the effects of this discrimination by allowing colleges and universities to be more intentional in the ways they evaluate applicants. Put simply, affirmative action ensures colleges and universities provide opportunity to those historically shut out of the system because of their race, ethnicity, income, or identity. For this reason, it is critically important that policymakers and legislators work to protect the use of race-conscious admissions policies across the country. If not, inequality will continue to persist, and the American higher education system will fail to serve those that could benefit the most.

Connor Maxwell is a policy analyst for Race and Ethnicity Policy at the Center. Sara Garcia is a former senior research and advocacy manager for Postsecondary Education at the Center for American Progress.

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5 Reasons to Support Affirmative Action in College Admissions

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Race-conscious admissions practices remain necessary in the fight for racial equity in higher education.

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Implementation of race-neutral initiatives, such as a top-percent plan to automatically admit top scholars.

Prospective students must meet requirements for standard admission, regardless of race.

Adapt holistic approaches to admissions decisions including test scores, extracurricular activities, leadership, etc.

If race is considered, it must be aligned with institutional objectives of racial and ethnc diversity.

Students not admitted must have a justifiable reason other than race.

Admissions practices and metrics should be available for public viewing, but admissions files do not have to be made available in compliance with FERPA.

Increase outreach initiatives to underrepresented populations to diversify applicant pool.