Race in College Admissions by Monique Mena

Race in College Admissions by Monique Mena https://padlet.com/mmena11/lhj0l2zguvdu97i1 How Institutions use Race as a Factor in the Admissions Decision en-us 2021-07-19 23:04:31 UTC 2026-02-22 09:52:30 UTC hello@padlet.com 1. Professional Perspective mmena11 https://padlet.com/mmena11/lhj0l2zguvdu97i1/wish/1655169229 I am the Assistant Director of Admissions at Texas State University for this Legal Guide in higher education. The Legal Guide is intended to provide more information about the use of race in college admissions to other higher education professionals as we delve into the credibility of using race as a factor in the admissions process. This topic was chosen for it's relevancy at this time as many college admissions policies are adjusted to the lack of SAT/ACT tests available for students.]]> 2021-07-19 23:06:22 UTC https://padlet.com/mmena11/lhj0l2zguvdu97i1/wish/1655169229 2. Summary of Topic mmena11 https://padlet.com/mmena11/lhj0l2zguvdu97i1/wish/1655174576 The COVID-19 pandemic has caused institutions across the country to rethink their admissions policies as students are unable to test for SAT/ACT. Many institutions have turned to holistic admissions to admit students, while they try to increase diversity in their student body. The use of race as a factor in college admissions is hotly debated as prospective students fear they will be discriminated against in the college application process due to their race/ethnicity. As courts and institutions across the nation decide whether it is discriminatory or beneficial to use race in college admissions, admissions professionals need to be aware of ongoing litigation and judicial rulings regarding the use of race of admissions.
Admissions professionals interested in the topic of race in admissions should make sure to stay on top of the current court cases as rulings are made. Fisher v Texas (2016) is the most recent court case but currently UNC and Harvard have cases in appeals waiting on higher courts to make decisions. In addition to court cases, admissions professionals should be alert to any statewide bans, such as the affirmative action ban in Washington State that prevents the institutions from using race as a factor in admissions. Changes in admissions policy come from many different places and admissions professionals must be aware of new updates.]]> 2021-07-19 23:15:32 UTC https://padlet.com/mmena11/lhj0l2zguvdu97i1/wish/1655174576 3. Professional Association mmena11 https://padlet.com/mmena11/lhj0l2zguvdu97i1/wish/1655293003 Clinedinst, M. (2019). 2019 State of College Admission. National Association for College Admission Counseling. https://www.nacacnet.org/globalassets/documents/publications/research/2018_soca/soca2019_all.pdf

This annual report from NACAC (National Association for College Admission Counseling) goes over the admissions trends and data from both the institutions and college applicants. From 2019, the report notes what factors are used in admissions decisions, including race and how much influence the institutions place on it.

]]> 2021-07-20 00:54:11 UTC https://padlet.com/mmena11/lhj0l2zguvdu97i1/wish/1655293003 4. Current News Article mmena11 https://padlet.com/mmena11/lhj0l2zguvdu97i1/wish/1655339675 Gluckman, N. (2020). UNC trial opens with dispute over its ‘holistic’ admissions policies. The Chronicles of Higher Education. https://www.chronicle.com/article/unc-trial-opens-with-dispute-over-its-holistic-admissions-policies?cid=gen_sign_in

· This article introduces one of the newest court cases about the use of race in admissions. The case is University of North Carolina vs Student for Fair Admissions (SFFA) and SFFA alleges that UNC discriminated against Caucasian and Asian American applicants during the admissions process. It is also a possibility that this court case could end up in front of the Supreme Court as the previous cases concerning race in admissions have previously.

]]> 2021-07-20 01:22:20 UTC https://padlet.com/mmena11/lhj0l2zguvdu97i1/wish/1655339675 5. Current News Article mmena11 https://padlet.com/mmena11/lhj0l2zguvdu97i1/wish/1655415845 Hoover, E. (2020). Harvard doesn’t discriminate against asian american applicants, U.S. appeals court rules. The Chronicles of Higher Education. https://www.chronicle.com/article/harvard-doesnt-discriminate-against-asian-american-applicants-u-s-appeals-court-rules?cid=gen_sign_in

· Informs audience of U.S. Court of Appeals ruling in case of Harvard vs. SFFA. SFFA alleged Harvard discriminated against Asian Americans in admissions process, used quotas to create cohort, and ignored race-neutral admissions processes.

· Ruled Harvard was not discriminating against Asian American applicants and is in line with previous rulings on using race in admissions processes

· Court emphasized Harvard uses race in context with the rest of the student’s application, and doesn’t use it to boost one over the other automatically.

]]> 2021-07-20 02:08:27 UTC https://padlet.com/mmena11/lhj0l2zguvdu97i1/wish/1655415845 6. Original Source of Law mmena11 https://padlet.com/mmena11/lhj0l2zguvdu97i1/wish/1657330028 Constitutional Law - 14^th Amendment of the US Constitution
· The 14^th amendment states all citizens of the US and its states shall not be discriminated against in the Equal Protection Clause. It originally started with racial discrimination, but it has also come to protect other types of discrimination (gender, sexual orientation, disability, etc.)

U.S. Const. amend. XIV.]]> 2021-07-21 17:23:56 UTC https://padlet.com/mmena11/lhj0l2zguvdu97i1/wish/1657330028 7. Original Source of Law mmena11 https://padlet.com/mmena11/lhj0l2zguvdu97i1/wish/1657330148 Judicial Law - Fisher v University of Texas (2013)
· This Supreme Court Case argued that Fisher was racially discriminated against for being Caucasian when she applied to the University of Texas and ultimately was denied. The Supreme Court ruled in favor of the University of Texas that their admissions policy, which used race as a factor in holistic reviews, was allowed as long as this was a necessary way to bring diversity to campus for students to benefit from and there wasn’t a race-neutral alternative to use instead.

Fisher v. University of Texas, 579 US ___ , (2016) https://www.supremecourt.gov/opinions/15pdf/14-981_4g15.pdf]]> 2021-07-21 17:24:06 UTC https://padlet.com/mmena11/lhj0l2zguvdu97i1/wish/1657330148 8. Original Source of Law mmena11 https://padlet.com/mmena11/lhj0l2zguvdu97i1/wish/1657330273 Statutory Law - Texas Education Code § 51.805
· This section details that universities may use a set of 18 characteristics to determine admissions for a student. Race is not explicitly listed but the last characteristic is one that the institution determines is necessary to help fulfill the universities mission, which could be argued race is necessary to promote diversity.

Other Admissions, Tex. Educ. Code § 51.805 (1997). https://statutes.capitol.texas.gov/Docs/ED/htm/ED.51.htm#51.805]]> 2021-07-21 17:24:16 UTC https://padlet.com/mmena11/lhj0l2zguvdu97i1/wish/1657330273 9. Original Source of Law mmena11 https://padlet.com/mmena11/lhj0l2zguvdu97i1/wish/1657330385 Administrative Law - Dear Colleague Letter

· The Dear Colleague Letter provides colleges guidance to properly use race in the admissions process by discontinuing use of quotas, stating race is essential to the institution, consider race individually for each student, and not let it be used detrimentally for other students. These guidelines clarify what is considered discrimination and that schools must explore race-neutral admissions practices.

Monroe, S. J. (2008, Aug 28). Dear Colleague Letter. Washington, D.C: U.S. Department of Education, Office for Civil Rights. Retrieved from https://www2.ed.gov/about/offices/list/ocr/letters/raceadmissionpse.html]]> 2021-07-21 17:24:24 UTC https://padlet.com/mmena11/lhj0l2zguvdu97i1/wish/1657330385 10. Local Administrative Law/Policy/Rule mmena11 https://padlet.com/mmena11/lhj0l2zguvdu97i1/wish/1657330700 Administrative Law - University of Texas at Austin Handbook of Operating Procedures

· Within UT’s handbook of operating procedures, UT clarifies the university will prohibit discrimination based on a variety of characteristics but most importantly, race. They further state the policy is to be extended to applicants for UT but it is crucial to note that UT states in their admissions webpage they are using race/ethnicity as an admissions factor in the admissions process.

University of Texas at Austin. (2018, October 12). Handbook of Operating Procedures, Nondiscrimination Policy. Retrieved from https://policies.utexas.edu/policies/nondiscrimination-policy]]> 2021-07-21 17:24:50 UTC https://padlet.com/mmena11/lhj0l2zguvdu97i1/wish/1657330700 11. Ethical Principle mmena11 https://padlet.com/mmena11/lhj0l2zguvdu97i1/wish/1657330902 National Association for College Admission Counseling. (2020). Guide to ethical practice in college admission. Retrieved from https://www.nacacnet.org/globalassets/documents/advocacy-and-ethics/nacac_guide-to-ethical-practice-in-college-admission_sept.-2020_final.pdf

"Access and Equity - We believe we should strive to increase access and eliminate from the education system bias based on race, ethnicity, religion or creed, sex, gender identity, sexual orientation, socioeconomic status, age, political affiliation, national origin, or disability. We view this as fundamental to our responsibility as educators."

One of the core values of NACAC's Guide for Ethics is access and equity as it is integral to our mission as admissions professionals to provide opportunities for all of our students. Ensuring they are not discriminated against within the admissions process is essential to overcoming racial issues.]]> 2021-07-21 17:25:08 UTC https://padlet.com/mmena11/lhj0l2zguvdu97i1/wish/1657330902 12. Non-Law Source mmena11 https://padlet.com/mmena11/lhj0l2zguvdu97i1/wish/1657331068 Tatum, B. D. (2017). Why are all the black kids sitting together in the cafeteria?: And other conversations about race. Basic Books. (Original work published in 1997)

The book covers racial identities, how it currently impacts our society, and ways to have conversations to resolve the racial issues. The newest edition includes information regarding Barack Obama as the first black president, racial segregation in schools, as well as the author's thoughts about police brutality.]]> 2021-07-21 17:25:21 UTC https://padlet.com/mmena11/lhj0l2zguvdu97i1/wish/1657331068 13. Bulleted list of Recommendations / Best Practices for Compliance mmena11 https://padlet.com/mmena11/lhj0l2zguvdu97i1/wish/1657331329 · The universities need to establish consistent and clear support of diversity and inclusion in their student body and mission statement and goals.

· Universities can create admissions policies promoting a diverse incoming cohort which use race as just one factor of admissions, amongst many more factors.

· Research race-neutral admissions policies that can create a diverse cohort without using race in the admissions process. If such an admissions policy is possible, the institution should move to adopt the race-neutral policy.

· Be clear to students about the factors considered in the admissions process and explain clearly how race will be used.

· Communicate with the institutional legal department to maintain legally compliant admissions policies as rulings and laws come into effect.

· Continue to promote a diverse campus not only by working on admissions policies to admit students, but cultivate a campus where all students are encouraged and supported through their college journey.

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