Legal Guide on Race and Student Admissions by Iris Castro-Moya https://padlet.com/icastromoya/f0wckx6e03s1t90a Racial Inequity en-us 2022-08-16 19:48:53 UTC 2025-11-14 00:19:52 UTC hello@padlet.com #1 Professional Perspective icastromoya https://padlet.com/icastromoya/f0wckx6e03s1t90a/wish/2275595275 I am currently serving my nineth year in higher education. My experience consists of working for student services, primary assisting first-time in college students. I've worked for several public intuitions who place a high emphasis on students from low-social economic status and students of Hispanic heritage. 

My city demographics state that "there is a 13.47% Hispanic poverty rate in the community", and that the poverty rate increases as the level of education decreases. 
Currently, only "12% of the population over the age of 25 hold either an associate or bachelor's degree, and 29% of the population only attained a high school degree (or its equivalent)"
Odessa, Texas population 2022. (Demographics, Maps, Graphs). (n.d.).

This marginalized population faces many obstacles that prevent them from entering and completing college. This legal guide will cover racial diversity as it pertains to college admissions and why minority students struggle to receive an equitable college education. This legal guide is aimed for high school and higher education administrators, whose goal is to assist students transition to a post-secondary education. 

The website linked on this slide breaks down my city's demographics as it pertains to higher education. We place an emphasis on our local community college, because this is where I currently serve as Lead Academic Advisor for the school of Health Sciences. Prior to this role, I also assisted with recruitment and outreach efforts, and worked to increase the number of dual credit students who enrolled and completed an associate degree. Our service area outlines more than twenty-five high schools in the region, and more than ten counties throughout West Texas. We also have three extensions areas throughout our service area and our two main campuses in Odessa, where traditional and nontraditional classes take place. 
]]> 2022-08-30 02:40:08 UTC https://padlet.com/icastromoya/f0wckx6e03s1t90a/wish/2275595275 #2 Interview icastromoya https://padlet.com/icastromoya/f0wckx6e03s1t90a/wish/2275595740 2022-08-30 02:40:35 UTC https://padlet.com/icastromoya/f0wckx6e03s1t90a/wish/2275595740 #3 Professional Association icastromoya https://padlet.com/icastromoya/f0wckx6e03s1t90a/wish/2275597322
Sheehan, S. (n.d.).  The Future of Race-conscious admissions. Retrieved September 1, 2022, from https://www.naspa.org/blog/the-future-of-race-conscious-admissions 

  • This article focuses on race-conscious admissions and on how colleges and universities cannot consider race as a factor in admissions without entering into bias. Marginalized populations have different points of view as this issue affects different minorities in very unique ways. (This is because universities have focuses on African Americans and Hispanics only, neglecting all other ethnicities.)
  • This topic is so controversial because college diversity and inequity come into play. Higher Education institutions have yet to find a system for college admissions that is just in reflecting diversity and academia. 



]]> 2022-08-30 02:41:58 UTC https://padlet.com/icastromoya/f0wckx6e03s1t90a/wish/2275597322 #7 Judicial Law icastromoya https://padlet.com/icastromoya/f0wckx6e03s1t90a/wish/2275602238 Fisher v. University of Texas, 579 U.S. 365 (2016)
      - Concerning UT's use of diversity in its admissions process.
      -It has come to the U.S. Supreme Court on appeal for the second time. In its second ruling, upholding the university's admissions policy.

Related affirmative action laws:

Grutter v. Bollinger, 539 U.S. 306 (2003)
affirmative action admissions policy

Gratz v. Bollinger, 539 U.S. 244 (2003)
affirmative action admissions policy

]]> 2022-08-30 02:45:47 UTC https://padlet.com/icastromoya/f0wckx6e03s1t90a/wish/2275602238 #6 Constitutional Law icastromoya https://padlet.com/icastromoya/f0wckx6e03s1t90a/wish/2275602682  14th Amendment of the 
Constitution (U.S. Const. amend. XIV) provides equal protection and due process of law. 

  • "Due process in education means that fairness should be rendered in all areas." Lynch. M. (2016).
  • Based on principles of “fundamental fairness"
  • Title IX’s non-discrimination and compliance requirements apply to any educational institution that receives federal financial assistance
  • The Equal Protection Clause of the 14th Amendment provides that a state may not deny equal protection of the laws 

]]> 2022-08-30 02:46:06 UTC https://padlet.com/icastromoya/f0wckx6e03s1t90a/wish/2275602682 #8 Statutory Law icastromoya https://padlet.com/icastromoya/f0wckx6e03s1t90a/wish/2275603600 42 U.S. Code § 2000d - Prohibition against exclusion from participation in, denial of benefits of, and discrimination under federally assisted programs on ground of race, color, or national origin

(Tex. Educ. Code § 1.002.) regarding Equal Educational Services or Opportunities

Title VI of the Civil Rights Act of 1964. The United States Department of Justice. (2022, April 25). Retrieved from https://www.justice.gov/crt/fcs/TitleVI-Overview

Education Code. Chapter 1. general provisions. (2022). Retrieved from https://statutes.capitol.texas.gov/Docs/ED/htm/ED.1.htm 



]]> 2022-08-30 02:46:50 UTC https://padlet.com/icastromoya/f0wckx6e03s1t90a/wish/2275603600 #9 Administrative Law icastromoya https://padlet.com/icastromoya/f0wckx6e03s1t90a/wish/2275605685 (34 C.F.R. § 100.3) Discrimination prohibited

 Automatic Admission Requirements (19 Tex. Admin. Code §61.1201)


The Federal Register. Code of Federal Regulations. (2022, September 2). Retrieved from https://www.ecfr.gov/current/title-34/subtitle-B/chapter-I/part-100 

Explanation of Automatic College Admission. Texas Education Agency. (2022). Retrieved from https://tea.texas.gov/sites/default/files/19_0061_1201-1.pdf ]]> 2022-08-30 02:48:34 UTC https://padlet.com/icastromoya/f0wckx6e03s1t90a/wish/2275605685 #10 Local Administrative Law/Policy/Rule icastromoya https://padlet.com/icastromoya/f0wckx6e03s1t90a/wish/2275606668 Our local four-year institution is currently holding a test optional policy which aims to increase higher education enrollment. Optional SAT/ACT exams encourage an increased number of applicants. By de-emphasizing standardized tests, higher education institutions become accessible to all and therefore increase a diversified student body.

Test Optional Policy (2022-2023)

The SAT and ACT Exams are optional for the 2022-2023 school year.  Test scores will be used as supporting documents to determine admission and scholarship opportunities.  Students will be reviewed on a holistic basis focusing on the strength of the high school record, overall grade point average, grades within the course subjects, dual credit work, and additional information (resume and/or extracurricular activities, leadership opportunities, and work experience provided with the ApplyTexas application).  The value of standardized tests is valued as a piece of the review process and will be considered alongside the other required application credentials. 


]]> 2022-08-30 02:49:20 UTC https://padlet.com/icastromoya/f0wckx6e03s1t90a/wish/2275606668 #11 Ethical Principles icastromoya https://padlet.com/icastromoya/f0wckx6e03s1t90a/wish/2275608463 According to The American College Personnel Association (ACPA) Ethics Committee. ACPA. (2021), college professionals should:

4.2 Demonstrate concern for the welfare of all students and work for constructive change on behalf of students.

4.3 Not discriminate on the basis of age, culture, ethnicity, gender, ability, gender identity, race, class, religion, or sexual orientation. They will actively work to change discriminatory practices.

ACPA Ethics Committee. ACPA. (2021, September 15). Retrieved from https://myacpa.org/ethicscomm/]]> 2022-08-30 02:50:46 UTC https://padlet.com/icastromoya/f0wckx6e03s1t90a/wish/2275608463 #12 Personal Connection to the Legal and Ethical Standards: icastromoya https://padlet.com/icastromoya/f0wckx6e03s1t90a/wish/2275609912 Our constitution places a high emphasis on human "equity". The Equal Rights Amendment aims to end discrimination on all bases. Unfortunately, many colleges continue to use tactic holistic approaches in their admissions process. Since admission decisions are not fully disclosed and since many factors influence the admission process, many students continue to argue a level of discrimination based on race and ethnicity. 
States like Texas have adopted admission policies to ensure a transparent and fair admissions process that allows institutions to recruit within a diversified population and at the same time be transparent about their recruitment and admission efforts. 
A great example of this is the top 10% rule, where recent high school graduates are guaranteed automatic admissions into a 4-year institution as long as their graduation ranking is among the top ten percent of the graduating class. 
Other institutions have also opted to waive test scores in an effort to allow students ample opportunities at securing admissions.
In conclusion, as higher education institutions work to provide well diversified student bodies, they have to be very mindful of their recruitment approaches. 
Federal and state laws prohibit discrimination on the bases of race, but institutions also understand that social and culture diversity play a huge role in student success. Therefore, they work to provide the best learning atmosphere for all without violating student's basis human rights. ]]> 2022-08-30 02:51:55 UTC https://padlet.com/icastromoya/f0wckx6e03s1t90a/wish/2275609912 #13 Bulleted list of Recommendations / Best Practices for Compliance: icastromoya https://padlet.com/icastromoya/f0wckx6e03s1t90a/wish/2275610202 1.) Provide measurable and transparent admission processes where acceptance or denial can be easily measured. (For example, creating a point system)

2.) Adopt federal policies that require institutions to grant automatic admissions to a specific student body (For example the top 10% rule)

3.) Prioritize diversity within employees. 

4.) Operate on an open-enrollment basis for a specific percentage of early applicants (maybe the first 5% or 10% of early applicants)

5.) Develop & retain an inclusive campus culture

6.) Diversify the admissions team 

7.) Invest on expanding transfer opportunities in an effort to increase transfer rates


]]> 2022-08-30 02:52:09 UTC https://padlet.com/icastromoya/f0wckx6e03s1t90a/wish/2275610202 #5 Current News Article: Race-Conscious Admissions icastromoya https://padlet.com/icastromoya/f0wckx6e03s1t90a/wish/2275612690 Mangan, K. (2022, September 2). Enrolling diverse students when race is off the table. The Chronicle of Higher Education. Retrieved from https://www.chronicle.com/article/after-affirmative-action 

  • This article focuses on the future of university recruitment efforts if affirmative action is banned. 
  • It discusses the tactics that different higher education institutions will have to adopt if they wish to offer a diversified post-secondary education. 
  • Affirmative action is already prohibited in some states, and this article focuses on creative recruitment tactics that higher education institutions have adopted to keep a diversified college culture. 
  • This article focuses on the consequences of banning affirmative action, if two court cases demonstrate that racial discrimination is a factor in college admissions. 
  • By finding creative recruitment alternatives, universities spend a lot of money. Therefore, many are not willing to invest in lucrative programs aimed to recruit marginalized populations. 
  • In conclusion, higher education institutions where affirmative action is banned have not been successful at recruiting diverse student populations.
]]> 2022-08-30 02:54:17 UTC https://padlet.com/icastromoya/f0wckx6e03s1t90a/wish/2275612690 Additional Resources icastromoya https://padlet.com/icastromoya/f0wckx6e03s1t90a/wish/2276804317 2022-08-30 20:42:22 UTC https://padlet.com/icastromoya/f0wckx6e03s1t90a/wish/2276804317 Additional Resources icastromoya https://padlet.com/icastromoya/f0wckx6e03s1t90a/wish/2276820389 2022-08-30 21:04:43 UTC https://padlet.com/icastromoya/f0wckx6e03s1t90a/wish/2276820389 #4 Current News Article: Derailed by Diversity icastromoya https://padlet.com/icastromoya/f0wckx6e03s1t90a/wish/2279927342 Thompson Ford, R. (2022, September 2). Opinion: How affirmative action was derailed by diversity. The Chronicle of Higher Education. Retrieved from https://www.chronicle.com/article/derailed-by-diversity 
  • This article focuses on how diversity is substituting justice in the classroom and in the college admissions process.
  • This article focuses on the concept of "diversity" as it is used in today's world and how it connects to affirmative action. "Affirmative action was designed to achieve the benefits that come with a diverse student body.'' Thompson Ford, R. (2022). However, unspoken quotas in the admissions process continue to affect racial minorities today. 
  • As a tool to increase diversity, affirmative action has been successful, but it also acts as racial manipulation to increase a mixed culture on campus. 
  • The solution to this is still pending as Asian-Americans fight to end affirmative action in higher education and aim for equal educational opportunities.
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