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My name is Hector Diaz. As someone aspiring to be a Dean of Student Success, I have a profound interest in the topic of Race and College Admissions. This guide is intended for students, educators, and policymakers who are dealing with the complications of admissions policies and their impact on diversity within higher education. I chose this topic because it plays an important role in shaping equitable educational opportunities and is at the heart of ongoing debates around affirmative action. Understanding these legal and institutional frameworks is necessary for promoting diversity and inclusion, which are key to enhancing student success and having fair access to education for all.

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The Legal Guide on Race and College Admissions is important in the field of education because it directly influences the policies and practices that shape student diversity on campuses. It impacts how institutions create inclusive environments and ensure that all students have fair access to educational opportunities. This topic is also important as it addresses the legal boundaries and ethical considerations of affirmative action, helping educators navigate complex legal landscapes while promoting fairness and diversity.

An emerging issue related to this topic is the ongoing legal challenges to affirmative action policies. Educators should closely monitor these developments, as changes in the legal framework could drastically alter admissions strategies and the demographic makeup of student bodies. The Supreme Court's decisions in upcoming cases could redefine how race can be considered in college admissions, potentially leading to new guidelines and practices. Staying informed about these changes is crucial for educators to adapt and continue fostering inclusive educational environments.

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The resource is informative for the topic of Affirmative Action as it outlines its historical context, established under President Kennedy in 1961, and its impact on access to higher education. It focuses on how Affirmative Action promotes equal access and counters systematic discrimination, emphasizing the importance of these guidelines in recruiting and supporting students from underrepresented backgrounds. Additionally, it stresses the ongoing need for such measures to achieve equity and diversity in higher education.

Affirmative action. ACPA. (2023, June 30). https://myacpa.org/positions/affirmative-action/

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In an article written for Inside Higher Ed, Knox (2024) elaborated the impact on diversity during the post-affirmative.

· Colleges throughout the country saw a decrease in enrollment amongst the Black and Hispanic communities following the ban on affirmative action, while others saw a historical increase.

· Richard Kahlenberg, director of the American Identity Project at the Progressive Policy Institute (Knox, 2024), believes that the ban on affirmative action is not solely to blame for the lack of diversity. He believes that schools will need to invest in expanding their financial aid programs and retooling their recruitment strategies to retain diversity within their campuses.

Knox, L. (2024, September 6). An early look at Racial Diversity Post–Affirmative Action. Inside Higher Ed | Higher Education News, Events and Jobs.

https://www.insidehighered.com/news/admissions/traditional-age/2024/09/06/early-look-racial-diversity-post-affirmative-action

https://www.insidehighered.com/news/admissions/traditional-age/2024/09/06/early-look-racial-diversity-post-affirmative-action

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In an article written for Inside Higher Ed, Knox (2024) explains how student affairs admissions are enforcing the Supreme Court ruling after the 2023 Affirmative Action ban.

After the release of demographic data for the Class of 2028, Students for Fair Admissions (SFFA) has sent letters to Yale, Princeton, and Duke, accusing them of not complying with the Supreme Court's affirmative action ruling, threatening lawsuits if explanations of demographic trends were not provided. The reported demographic trends are complicated by inconsistent methods of data reporting and a significant increase in students declining to report their race.

Despite concerns over racial enrollment changes, colleges like Princeton, Duke, and Yale argue their demographic shifts are due to socioeconomic initiatives, such as expanding financial aid. Experts have even suggested that the SFFA's actions may be more of an intimidation tactic rather than a legal certainty.

Knox, L. (2024b, September 19). Colleges brace for lawsuits enforcing Affirmative Action Ban. Inside Higher Ed | Higher Education News, Events and Jobs.

https://www.insidehighered.com/news/admissions/traditional-age/2024/09/19/colleges-brace-lawsuits-enforcing-affirmative-action-ban

https://www.insidehighered.com/news/admissions/traditional-age/2024/09/19/colleges-brace-lawsuits-enforcing-affirmative-action-ban

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Slide 6 Federal: Civil Rights Act of 1964

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Slide 6 Federal: Civil Rights Act of 1964

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The Civil Rights Act of 1964 is an important federal law that bans discrimination based on race, color, religion, sex, or national origin. It covers various sectors, such as employment, education, and public services. Title VI of the Act specifically targets discrimination in programs and activities that receive federal funding, ensuring that no individual is excluded or discriminated against in these federally funded programs. This law marked a major advancement in promoting equality and fighting racial discrimination in the United States.

Civil Rights Act of 1964, Pub. L. No. 88-352, 78 Stat. 241 (1964).

https://www.govinfo.gov/content/pkg/STATUTE-78/pdf/STATUTE-78-Pg241.pdf

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Slide 7 Judicial: Students for Fair Admissions, Inc. v. President and Fellows of Harvard College (2023)

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Slide 7 Judicial: Students for Fair Admissions, Inc. v. President and Fellows of Harvard College (2023)

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The case involves Students for Fair Admissions (SFFA) suing Harvard University, claiming that the university's admissions process discriminates against Asian American applicants. SFFA argued that Harvard's use of race in their admissions decisions violates Title VI of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color, or national origin in programs receiving federal financial assistance. The court ultimately upheld Harvard's admissions process, finding that it met the standards set by previous Supreme Court rulings on affirmative action.

Students for Fair Admissions v. President and Fellows of Harvard College, 600 U.S. 181 (2023).

https://www.supremecourt.gov/opinions/22pdf/20-1199_hgdj.pdf

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Slide 8 State: Automatic Admission: All Institutions (2023)

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Slide 8 State: Automatic Admission: All Institutions (2023)

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The Texas "Automatic Admission" law, commonly known as the "Top 10% Rule," mandates that all Texas public universities must offer automatic admission to students who graduate in the top 10% of their high school class. This law purposes are to ensure equitable access to higher education for high-achieving students from all Texas high schools. The University of Texas at Austin, due to capacity constraints, has a modified version of this rule, admitting students in the top 6% of their high school class automatically.

Texas Education Code § 51.803 (2023).

https://statutes.capitol.texas.gov/Docs/ED/htm/ED.51.htm#51.801

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Slide 9 Executive: Equal Employment Opportunity 1965 Executive Order 11246 (1965) 

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Slide 9 Executive: Equal Employment Opportunity 1965 Executive Order 11246 (1965) 

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Executive Order 11246, signed by President Lyndon B. Johnson in 1965, requires federal contractors to follow non-discriminatory hiring and employment practices. It forces these contractors to take affirmative action to ensure that job applicants and employees are treated fairly, regardless of their race, color, religion, sex, or national origin. The main objective of this order is to promote equal opportunity in the workplace.

The Equal Employment Opportunity Act of 1965.

https://www.archives.gov/federal-register/codification/executive-order/11246.html#:~:text=Executive%20Orders,-Executive%20Order%2011246&text=Source%3A%20The%20provisions%20of%20Executive,339%2C%20unless%20otherwise%20noted.

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Slide 10 Administrative: Policy on Non-Discrimination

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Slide 10 Administrative: Policy on Non-Discrimination

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Howard College creates a safe and inclusive environment for everyone in its community. The college follows federal and state laws to prevent discrimination and harassment based on factors like race, color, national origin, religion, sex, pregnancy, disability, age, sexual orientation, veteran status, or any other protected characteristic. This commitment applies to all areas, including employment, education, as well as admissions.

Howard College. (2024). Student Handbook.

https://catalog.howardcollege.edu/content.php?catoid=19&navoid=860

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The ACPA College Student International Statement of Ethical Principles & Standards, specifically Principle 4.3, emphasizes the commitment to not discriminate based on various personal characteristics such as age, culture, ethnicity, gender, ability, gender identity, race, class, religion, or sexual orientation. This principle relates to Affirmative Action by reinforcing the importance of creating inclusive and equitable environments. It aligns with the goals of Affirmative Action, which seeks to promote equal access and opportunities for historically underrepresented and marginalized groups. By actively working to change discriminatory practices, this principle supports the broader mission of Affirmative Action in ensuring there are fairness and diversity within educational institutions.

ACPA College Student Educators International. (n.d.-b). Statement of - ethical principles & standards.

https://myacpa.org/wp-content/uploads/2020/12/Ethical_Principles_Standards.pdf

https://myacpa.org/wp-content/uploads/2020/12/Ethical_Principles_Standards.pdf

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The U.S. Department of Education is a valuable resource for professionals in higher education to learn about affirmative action. This source provides guidelines, policy updates, and research on the implementation and impact of affirmative action in educational institutions. By offering access to detailed reports, statistical data, and best practices, the Department helps educators and administrators understand how to effectively promote diversity and equity on their campuses.

U.S. Department of Education. (n.d.).

https://www.ed.gov

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· Develop Clear Policies: Establish and communicate clear affirmative action policies that align with federal and state regulations.

· Regular Training: Provide regular training for faculty, staff, and administrators on affirmative action principles and non-discriminatory practices.

· Data Collection and Analysis: Collect and analyze data on student demographics and outcomes to monitor the effectiveness of affirmative action policies.

· Inclusive Recruitment: Implement inclusive recruitment strategies to attract a diverse student body and faculty.

· Equitable Support Services: Offer support services that address the needs of underrepresented and marginalized groups to ensure their success.

· Continuous Review: Regularly review and update affirmative action policies and practices to ensure they remain effective and compliant with current laws and guidelines.