Race & Admissions Legal Guide by https://padlet.com/abentley21/c2kkel8ptdlcmj7j EDG 6305 en-us 2020-07-17 00:53:08 UTC 2020-11-05 19:39:25 UTC hello@padlet.com https://padlet.net/icons/png/2696.png Fisher v. University of Texas at Austin, 579 U.S. ___ (2016) abentley21 https://padlet.com/abentley21/c2kkel8ptdlcmj7j/wish/656526076
  • 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

    • ]]>     2020-07-17 01:44:17 UTC https://padlet.com/abentley21/c2kkel8ptdlcmj7j/wish/656526076     Civil Rights Act of 1964, Pub. L. No. 88-352, 78 Stat. 241 (1964) abentley21 https://padlet.com/abentley21/c2kkel8ptdlcmj7j/wish/656526835 Banned discrimination on the basis of race and is considered one of the major legislative achievements of the civil rights movement]]> 2020-07-17 01:45:17 UTC https://padlet.com/abentley21/c2kkel8ptdlcmj7j/wish/656526835 Affirmative Action 34 CFR § 100. abentley21 https://padlet.com/abentley21/c2kkel8ptdlcmj7j/wish/656527278 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.]]> 2020-07-17 01:45:51 UTC https://padlet.com/abentley21/c2kkel8ptdlcmj7j/wish/656527278 University of Texas System. (2014). Best practices in admissions processes for undergraduate and professional programs. abentley21 https://padlet.com/abentley21/c2kkel8ptdlcmj7j/wish/656528009 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.]]> 2020-07-17 01:46:52 UTC https://padlet.com/abentley21/c2kkel8ptdlcmj7j/wish/656528009 Perspective/Audience abentley21 https://padlet.com/abentley21/c2kkel8ptdlcmj7j/wish/656528947 Director of Admissions- University Recruitment presenting to Admissions Counselors for Annual Training before peak recruitment season]]> 2020-07-17 01:48:07 UTC https://padlet.com/abentley21/c2kkel8ptdlcmj7j/wish/656528947 Topic abentley21 https://padlet.com/abentley21/c2kkel8ptdlcmj7j/wish/656529323 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.]]>     2020-07-17 01:48:36 UTC https://padlet.com/abentley21/c2kkel8ptdlcmj7j/wish/656529323     National Association for College Admission Counseling abentley21 https://padlet.com/abentley21/c2kkel8ptdlcmj7j/wish/657126550 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.
    ]]>     2020-07-17 19:43:06 UTC https://padlet.com/abentley21/c2kkel8ptdlcmj7j/wish/657126550     What Constitutes Discrimination in College Admissions? abentley21 https://padlet.com/abentley21/c2kkel8ptdlcmj7j/wish/657136064 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.

    ]]>     2020-07-17 20:01:55 UTC https://padlet.com/abentley21/c2kkel8ptdlcmj7j/wish/657136064     Principle IV- Justice abentley21 https://padlet.com/abentley21/c2kkel8ptdlcmj7j/wish/657183361 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.


    ]]>     2020-07-17 21:56:24 UTC https://padlet.com/abentley21/c2kkel8ptdlcmj7j/wish/657183361     5 Reasons to Support Affirmative Action in College Admissions abentley21 https://padlet.com/abentley21/c2kkel8ptdlcmj7j/wish/657202682 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.


    ]]>     2020-07-17 22:50:31 UTC https://padlet.com/abentley21/c2kkel8ptdlcmj7j/wish/657202682     U.S. Const. amend. XIV abentley21 https://padlet.com/abentley21/c2kkel8ptdlcmj7j/wish/657203586
  • 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

    • ]]>     2020-07-17 22:52:12 UTC https://padlet.com/abentley21/c2kkel8ptdlcmj7j/wish/657203586     My suggestions are as follows: abentley21 https://padlet.com/abentley21/c2kkel8ptdlcmj7j/wish/657206515
  • 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.


    • ]]>     2020-07-17 22:59:58 UTC https://padlet.com/abentley21/c2kkel8ptdlcmj7j/wish/657206515     Relevance abentley21 https://padlet.com/abentley21/c2kkel8ptdlcmj7j/wish/657208645 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.]]> 2020-07-17 23:06:18 UTC https://padlet.com/abentley21/c2kkel8ptdlcmj7j/wish/657208645 Emerging Issue abentley21 https://padlet.com/abentley21/c2kkel8ptdlcmj7j/wish/657212362 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
    ]]>     2020-07-17 23:17:23 UTC https://padlet.com/abentley21/c2kkel8ptdlcmj7j/wish/657212362     Most Americans Say Colleges Shouldn’t Consider Race abentley21 https://padlet.com/abentley21/c2kkel8ptdlcmj7j/wish/657214089 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.

    ]]>     2020-07-17 23:22:29 UTC https://padlet.com/abentley21/c2kkel8ptdlcmj7j/wish/657214089