Culminating Project Legal & Ethical Guide by Nathan Schwausch https://padlet.com/nschwausch31/oj3ivy7f5chiwaw1 Race and Diversity in College Admissions en-us 2022-07-16 22:33:36 UTC 2022-07-23 03:00:54 UTC hello@padlet.com Slide 1: Professional Perspective nschwausch31 https://padlet.com/nschwausch31/oj3ivy7f5chiwaw1/wish/2244615277 I will be taking the perspective of a high school college and career advisor. I have worked as a College and Career Advisor for two high schools over the past five years. In my role, I have worked in high schools with high numbers of students from underrepresented racial backgrounds. Many of these students were also first-generation college students, meaning they would be the first in their family to attend and graduate from a university. Having the opportunity to attend college can be life-changing for these students. This legal guide will consider the degree to which undergraduate admissions departments can consider race in their recruitment strategies and admissions decisions and how institutions can work to create a more diverse student body. This is an important topic for college access professionals to consider because it is important that institutions increase diversity to provide more opportunities for historically underrepresented student populations. The information included in this guide will provide college access professionals with the information needed to advocate on their students' behalves and help them to find the schools that are the best fit for them to attend to achieve their academic and career goals.]]> 2022-07-16 22:40:44 UTC https://padlet.com/nschwausch31/oj3ivy7f5chiwaw1/wish/2244615277 Slide 2: Professional Interview nschwausch31 https://padlet.com/nschwausch31/oj3ivy7f5chiwaw1/wish/2244615330 I interviewed Mr. Nick Howell for this assignment. Mr. Howell currently works for Pflugerville High School as a College and Career Advisor. Prior to joining Pflugerville High School, Mr. Howell worked in undergraduate admissions departments at Western Michigan University, the University of Houston, the University of Texas at Austin, and Texas State in different capacities over the course of 15 years. https://nicholashowell.wixsite.com/collegeandcareer/meet-the-team

Increasing diversity in college admissions is crucial to providing opportunities for students from underrepresented backgrounds. Whether colleges should or can consider race when deciding whether to admit a student is a source of debate. According to Mr. Howell, race has not been used as a determining factor in admissions decisions in any of the admissions offices for which he has worked. However, colleges may still use race as a principal through which they organize recruitment strategies towards specific high schools (N. Howell, personal communication, July 14, 2022).

One issue that admissions professionals should continue to monitor is whether institutions begin to require applicants to submit their SAT or ACT scores as part of their college applications. According to Mr. Howell, the rise of test-optional policies following the Covid-19 pandemic has encouraged more minority students to apply to college because they now have the option to not submit their test scores. Previously, students may essentially "self-deny" themselves for admission to a university because they believe their scores were not high enough. With test-optional policies, underrepresented students are more likely to submit an application which can ultimately result in more underrepresented students being accepted to an institution (N. Howell, personal communication, July 14, 2022).

Best Practices:
  • Institutions should target high schools with high numbers of underrepresented students in their recruitment strategies to increase diversity.
  • Admissions counselors should help connect accepted minority students with support services on campus meant to support the unique needs of underrepresented students.
  • Financial barriers are one of the biggest challenges students face in attending college, so helping students find opportunities by completing the Free Application for Federal Student Aid (FAFSA), or applying for scholarships that are available only to students from underrepresented backgrounds can help students access college (N. Howell, personal communication, July 14, 2022).
]]> 2022-07-16 22:41:12 UTC https://padlet.com/nschwausch31/oj3ivy7f5chiwaw1/wish/2244615330 Slide 3: Professional Association nschwausch31 https://padlet.com/nschwausch31/oj3ivy7f5chiwaw1/wish/2244615500 The National Association for College Admission Counseling (NACAC), is the nation's largest professional association for college admissions professionals. Throughout the years, NACAC has advocated on behalf of institutions that have been faced with legal issues over race-based admissions decisions. NACAC believes that institutions should strive to create a diverse student body and work to increase equity in the application and admissions process. NACAC has also submitted amicus briefs with postsecondary institutions that have faced legal challenges to affirmative action admissions policies. These amicus briefs ensure that courts take the profession's standards and beliefs into account when considering affirmative action cases. As affirmative action cases continue to be considered by the Supreme Court, NACAC vows to advocate on behalf of postsecondary institutions and underserved students to promote equitable admissions practices that foster racial diversity in college admissions (NACAC, n.d.).

Reference:
NACAC. (n.d.). Diversity and access. Retrieved July 17, 2022, from https://www.nacacnet.org/knowledge-center/marginalized-populations/diversity-and-access/]]> 2022-07-16 22:42:26 UTC https://padlet.com/nschwausch31/oj3ivy7f5chiwaw1/wish/2244615500 Slide 4: Current News Article nschwausch31 https://padlet.com/nschwausch31/oj3ivy7f5chiwaw1/wish/2244615555 Affirmative action in college admissions will soon be reconsidered by the Supreme Court. 

This news article informs race in college admissions in the following ways:
  • In January 2022, the Supreme Court agreed to review lawsuits that claim that the University of North Carolina and Harvard University discriminate against Asian American students in favor of other racial minorities. 
  • The lawsuit also seeks to overturn the Supreme Court's decision in Grutter v. Bollinger (2003) in which the court ruled that the University of Michigan did not violate the Amendment XIV to the U.S. Constitution by considering race in their college admissions decisions (Binkley, 2022). 
  • If the court rules in favor of the plaintiffs in this case, affirmative action in college admissions will end which would have an adverse impact on increasing diversity in college admissions.

    Reference:
    Binkley, C. (January 24, 2022). Explainer: Supreme court takes up race in college admissions. AP News. https://apnews.com/article/college-admissions-us-supreme-court-race-and-ethnicity-racial-injustice-harvard-university-95be5363a3245fbf185babe8423426a4
]]> 2022-07-16 22:42:54 UTC https://padlet.com/nschwausch31/oj3ivy7f5chiwaw1/wish/2244615555 Slide 5: Current News Article nschwausch31 https://padlet.com/nschwausch31/oj3ivy7f5chiwaw1/wish/2244615625 In June 2022, NACAC announced that it will hold a symposium to address the findings and recommendations in its recent report "Towards a More Equitable Future for Postsecondary Access." 

This article informs improving diversity in college admissions because:

  • The goal of the symposium is to bring together a group of diverse leaders from different postsecondary institutions to discuss ways in which they can eliminate barriers that prevent students from underrepresented racial backgrounds from accessing higher education.
  • Discussions at the symposium will address ways in which college admissions offices can support the needs of Black students in particular. The stated reason for the symposium's goal to address college admissions barriers for Black students is because of the historical barriers they must overcome and the detestable treatment many of them face even to this day (Jaschik, 2022).

Reference:
Jaschik, S. (2022, June 27). Acting on a report. Inside Higher  Ed. https://www.insidehighered.com/admissions/article/2022/06/27/nacac-convene-group-carry-out-changes-admissions
]]> 2022-07-16 22:43:27 UTC https://padlet.com/nschwausch31/oj3ivy7f5chiwaw1/wish/2244615625 Slide 6: Original Source of Law nschwausch31 https://padlet.com/nschwausch31/oj3ivy7f5chiwaw1/wish/2244615765 Constitutional Law:
Amendment XIV to the U.S. Constitution requires that states provide all citizens with equal protection of the laws (U.S. Const. amend. XIV).

The 14th Amendment is crucial to racial equity in college admissions because:
  • It means that states cannot make laws or policies that disproportionately benefit or harm different racial groups.
  • Landmark court cases pertaining to race in college admissions like Sweatt v. Painter (1950) and Fisher v. University of Texas (2016) have relied on the equal protection clause to advance racial equity in college admissions.

Link to text: 
https://constitution.congress.gov/browse/amendment-14/

Reference:
U.S. Const. amend. XIV.
]]> 2022-07-16 22:44:26 UTC https://padlet.com/nschwausch31/oj3ivy7f5chiwaw1/wish/2244615765 Slide 8: Original Source of Law nschwausch31 https://padlet.com/nschwausch31/oj3ivy7f5chiwaw1/wish/2244615867 Judicial Law:
In the landmark Supreme Court case Regents of the University of California v. Bakke (1978), the court ruled that affirmative action programs in college admissions which considered race among other factors when making admissions decisions did not violate Amendment XIV to the U.S. Constitution or The Civil Rights Act of 1964 (Regents of the University of California v. Bakke, 1978).

This Supreme Court decision is a crucial event in advancing equity in college admissions because:
  • It outlawed racial quotas in college admissions.
  • While racial quotas were ruled unconstitutional, the court did hold that universities could consider race when making admissions decisions. This means that universities can consider race in making college admissions decisions, but these decisions cannot be based on meeting a racial quota.
  • The precedent set forth by this case has been used in future Supreme Court cases like Grutter v. Bollinger (2003) and Fisher v. University of Texas (2016) which also upheld affirmative action in college admissions.

Link to decision:
https://www.law.cornell.edu/supremecourt/text/438/265

Reference
Regents of the University of California v. Bakke, 438 U.S. 265 (1978).
]]> 2022-07-16 22:45:12 UTC https://padlet.com/nschwausch31/oj3ivy7f5chiwaw1/wish/2244615867 Slide 9: Original Source of Law nschwausch31 https://padlet.com/nschwausch31/oj3ivy7f5chiwaw1/wish/2244615951 Administrative Law:
Section 51.803 of Texas Education Code (TEC) requires that public state institutions admit applicants who are in the top 10 percent of their graduating high school class. The only exception to this rule is that the University of Texas at Austin only automatically accepts students in the top six percent of their graduating class (TEC §51.803).

This administrative law informs consideration of race and increasing diversity in higher education because:
  • It provides more equitable opportunities for students from any background to meet automatic admission requirements regardless of their race.
  • Minority students who are in the top 10 percent of their graduating class receive the same treatment in admissions as their racial majority peers.
  • "The top 10 percent law is a wonderful thing that helps achieve equity and keep institutions diverse" (N. Howell, personal communication, July 14, 2022).

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

Reference:
Automatic Admission: All Institutions, Tex. Educ. Code §51.803 (June 10, 2019).
]]> 2022-07-16 22:45:47 UTC https://padlet.com/nschwausch31/oj3ivy7f5chiwaw1/wish/2244615951 Slide 7: Original Source of Law nschwausch31 https://padlet.com/nschwausch31/oj3ivy7f5chiwaw1/wish/2244616007 Statutory Law:
The Civil Rights Act of 1964 is a landmark anti-discrimination law that was signed into law by President Lyndon B. Johnson on July 2, 1964.

The Civil Rights Act of 1964 is crucial to racial equity in college admissions because:
  • It outlawed discrimination based race or national origin and ended segregation (Civil Rights Act, 1964).
  • Title VI of The Civil Rights Act of 1964 prohibits institutions that receive federal funding from discriminating among students based on race. Since public universities receive federal funding, this means that universities cannot deny applicants admission to their respective institution simply based on their race (Civil Rights Act, 1964).
  • This act was used as the basis for the Supreme Court's decision to strike down the University of California's use of racial quotas in the landmark case Regents of the University of California v. Bakke (1978).
  • This law is important because it ensures that racial minority students have the opportunity to attend colleges and universities without facing discrimination in the admissions process.

Link to text:
https://www.senate.gov/artandhistory/history/resources/pdf/CivilRightsActOf1964.pdf

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


]]> 2022-07-16 22:46:21 UTC https://padlet.com/nschwausch31/oj3ivy7f5chiwaw1/wish/2244616007 Slide 10: Local Administrative Law/Policy/Rule nschwausch31 https://padlet.com/nschwausch31/oj3ivy7f5chiwaw1/wish/2244616157 The University of Texas at Austin's (2022) General Information Handbook describes the institution's undergraduate admissions policies. The handbook states that automatic admissions criteria aligns with Section 51.803 of Texas Education Code. For holistic review, the university considers academic factors, personal achievements, letters of recommendation, essay and short answer responses, and competitiveness of the major for which the student has applied. The university does not consider race when making an admissions decision. This aligns with what Mr. Howell said that the university does not use race as a determining factor when making admissions decisions (N. Howell, personal communication, July 14, 2022).

Link to text:
https://catalog.utexas.edu/pdf/2021-22-generalinformation.pdf

Reference:
The University of Texas at Austin. (2022). General information 2021-2022. Retrieved July 18, 2022, from https://catalog.utexas.edu/pdf/2021-22-generalinformation.pdf]]> 2022-07-16 22:47:20 UTC https://padlet.com/nschwausch31/oj3ivy7f5chiwaw1/wish/2244616157 Slide 11: Ethical Principle nschwausch31 https://padlet.com/nschwausch31/oj3ivy7f5chiwaw1/wish/2244616214 Principle IV of the Council for the Advancement of Standards in Higher Education (CAS) emphasizes the importance of promoting equality. This principle states that institutions should strive to recognize diversity and eliminate barriers. This pertains to admissions practices because it speaks to the importance of minimizing barriers underrepresented students face in the admissions process and seeking to create more diverse learning environments (Council for the Advancement of Standards in Higher Education, n.d.).

Link to text:
https://www.cas.edu/files/CASethicsstatement.pdf?mc_cid=467ed5fe4a&mc_eid=052333efc4

Reference: Council for the Advancement of Standards in Higher Education. (n.d.). CAS statement on shared ethical principles. Retrieved July 18, 2022, from https://www.cas.edu/files/CASethicsstatement.pdf?mc_cid=467ed5fe4a&mc_eid=052333efc4]]> 2022-07-16 22:47:41 UTC https://padlet.com/nschwausch31/oj3ivy7f5chiwaw1/wish/2244616214 Slide 12: Personal Connection to the Legal and Ethical Standards nschwausch31 https://padlet.com/nschwausch31/oj3ivy7f5chiwaw1/wish/2244616274 For the past five years, I have worked as a college access professional in two different high schools. Both schools I worked in had high numbers of students from underrepresented racial backgrounds. I have helped countless students access higher education which has changed their lives and set them up for long-term career success. Without these legal and ethical principals, these students would not have been able to attend college.]]> 2022-07-16 22:48:14 UTC https://padlet.com/nschwausch31/oj3ivy7f5chiwaw1/wish/2244616274 Slide 13: Bulleted list of Recommendations / Best Practices for Compliance nschwausch31 https://padlet.com/nschwausch31/oj3ivy7f5chiwaw1/wish/2244616496 Below is a list of recommendations and best practices for increasing diversity in higher education admissions:
  • Per Supreme Court precedent, race can be considered as one of many factors in college admissions decisions.
  • College admissions offices cannot use racial quotas.
  • Admissions counselors should increase recruitment efforts at high schools with predominantly Black or Hispanic student populations.
  • Admissions counselors should connect prospective minority students with on-campus programs that support that respective student population and help them develop a greater sense of belonging (example: University of Texas at San Antonio's Multicultural Student Center for Equity and Justice, or UTSA's Hispanic Student Association).
  • College access professionals and college admissions counselors should help racial minority students access financial aid and scholarship opportunities. Many of these students may struggle to afford college but are not aware of the financial aid opportunities available to them through state and federal grants or scholarships designated to racial minority students.
  • Universities should consider adopting test-optional admissions policies. Data indicates that test-optional policies increase the volume of applications, in particular applications from minority students (Einhorn, 2022; N. Howell, personal communication, July 14, 2022).
  • College access professionals should work directly with minority students to help them narrow the "information gap" and ensure that they are able to identify schools that are the best match and fit for them (N. Howell, personal communication, July 14, 2022).

Reference:
Einhorn, E. (2022, April 10). Inside the vast national experiment in test-optional college admissions. NBC News. https://www.nbcnews.com/news/us-news/college-admissions-test-sat-act-rcna23574
]]> 2022-07-16 22:49:44 UTC https://padlet.com/nschwausch31/oj3ivy7f5chiwaw1/wish/2244616496