https://padlet.com/aharper109/uhd1gn6nxsm2muka en-us 2023-09-18 14:34:28 UTC 2023-10-04 17:27:31 UTC hello@padlet.com aharper109 https://padlet.com/aharper109/uhd1gn6nxsm2muka/wish/2708962618 As a program coordinator at the local community college, I serve as an enrollment advisor, academic advisor, and instructor. We are an open-enrollment campus, and anyone who applies is accepted. Our students then move on to other schools; they will transfer to several campuses across the state and nation if they wish to obtain a baccalaureate degree. While we are open enrollment, the transfer institutions are much more selective about who they admit to their institution. My job is to guide my students to be the best candidates possible on paper for acceptance at the transfer institution.  

 Topic of the Legal Guide: Race and college admissions.

This is a guide for admissions and enrollment counselors on recent rulings and legislation regarding admissions requirements and required changes to educational policies that comply with Supreme Court rulings. 

This topic addresses the need to understand the importance of access to higher education and placing value back on higher education degrees. With the still unknown effects of COVID-19 on the world of higher education, enrollment changes and the devaluation of higher education are at the forefront of the issues plaguing higher education today. ]]> 2023-09-18 14:38:02 UTC https://padlet.com/aharper109/uhd1gn6nxsm2muka/wish/2708962618 aharper109 https://padlet.com/aharper109/uhd1gn6nxsm2muka/wish/2708963312 The topic of race and admissions does not only affect first-time college students; it also impacts transfer students. When students decide where to attend college and start or complete their bachelor's degree, clear admissions and financial aid requirements may be a deciding factor. If a student feels that there is not a level playing field in the college admissions process or financial aid package, it may deter them from applying to the institution. The decrease in applications could lead to a decline in enrollment as well.

Future implications show that verbiage in admissions policies or admissions committee practices will not be the only policy that will be scrutinized. SCOTUS has also opened the door to analyzing the admissions policies of legacy students, early decision students, and automatic admission students. This initial ruling could affect how colleges choose to support the students they serve. This will also impact the financial aid sector of student affairs regarding the distribution of federally funded student grants and scholarships. ]]> 2023-09-18 14:38:23 UTC https://padlet.com/aharper109/uhd1gn6nxsm2muka/wish/2708963312 aharper109 https://padlet.com/aharper109/uhd1gn6nxsm2muka/wish/2708963980 The statement by NASPA is in disagreement with the SCOTUS decision in June 2023. The authors agree that this ruling will set institutions back in the ways of diversity, equity, and inclusion and create racially diverse and accepting campus cultures. NASPA reaffirms its mission to diversity, equity, inclusion, and social justice in its statement. They are promoting the continued importance of student affairs professionals to "foster an inclusive campus" and promote access to higher education (NASPA, 2023). 

NASPA. (2023, June 29). NASPA condemns SCOTUS decision on race-conscious admissions. NASPA. https://naspa.org/news/naspa-condemns-scotus-decision-on-race-conscious-admissions]]> 2023-09-18 14:38:44 UTC https://padlet.com/aharper109/uhd1gn6nxsm2muka/wish/2708963980 aharper109 https://padlet.com/aharper109/uhd1gn6nxsm2muka/wish/2708964544 In this article, Knox outlines the domino effect that the SCOTUS ruling against affirmative action in college admissions has started. Cases previously stalled while awaiting the opinion have been brought back to life. Yale chose to settle their case outside of court, and the University of Texas case is in negotiations; some lawyers fear that if UT settles, it could lead to a more conservative reading of the SCOTUS opinion (Knox, 2023). The ruling has also sparked cases from the left aimed at legacy admissions and the barriers that this is for people of color. 

Knox, L. (2023, September 30). A new legal blitz on affirmative action. Inside Higher Ed.  https://www.insidehighered.com/news/admissions/traditional-age/2023/09/20/affirmative-action-lawsuits-return-vengeance]]> 2023-09-18 14:39:01 UTC https://padlet.com/aharper109/uhd1gn6nxsm2muka/wish/2708964544 aharper109 https://padlet.com/aharper109/uhd1gn6nxsm2muka/wish/2708965165 This article discusses future implications for the state of college admissions policies. Focusing on the practice of early decision from a social justice standpoint, the article paints early decision as "favoring affluent" students over minority students (Charles, 2023). This practice has been voluntarily discontinued and reinstated in multiple selective institutions nationwide. With the new SCOTUS ruling, this admissions practice and others could also come under fire.

Charles, J. B. (2023, Spetember 20). After affirmative action and legacy admissions, will early decision be the next to go?. The Chronicle of Higher Education. https://www.chronicle.com/article/after-affirmative-action-and-legacy-admissions-will-early-decision-be-the-next-to-go]]> 2023-09-18 14:39:19 UTC https://padlet.com/aharper109/uhd1gn6nxsm2muka/wish/2708965165 aharper109 https://padlet.com/aharper109/uhd1gn6nxsm2muka/wish/2708965729

14^th Amendment

U.S. Const. amend. XIV

https://www.senate.gov/about/origins-foundations/senate-and-constitution/constitution.htm#amdt_14_(1868)

The Equal Protection Clause of the Fourteenth Amendment provides citizens' rights to all born or naturalized in the United States. The broad language does not limit the protections to one racial group or another. 

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Supreme Court Opinion

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

https://www.supremecourt.gov/opinions/22pdf/20-1199_l6gn.pdf

The Students for Fair Admissions (SFFA) claims that Harvard’s use of race in its holistic admissions review is a violation of Title VI of the Civil Rights Act. Harvard argued that they were operating within the bounds set by the precedent of the Grutter v. Bollinger case of 2003. While Harvard uses race as a factor, it is not the only portion of the holistic review considered for selective admission. The Supreme Court ruled in favor of SFFA, stating that Harvard is in violation of Title VI of the Civil Rights Act and the Equal Protection Clause of the 14^th Amendment. 

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Code of Federal Regulations

Discrimination Prohibited, 34 C. F. R. §100.3(b)(1)(v)

https://www.ecfr.gov/current/title-34/subtitle-B/chapter-I/part-100

This section prohibits the different treatment of any individual in determining the satisfaction of admissions, eligibility, or enrollment in a program. This would keep individuals from having their race considered as a part of their satisfaction with admissions criteria. 

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Texas Education Code

Uniform Admission Policy, Tex. Educ. Code § 51.805

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

The code outlines institutions' requirements for setting admissions criteria outside of automatic admission. Section 51.805 gives the authority for defining admissions criteria to the institution. It states that institutions may “review other factors” when reviewing applications for admissions (Tex. Educ. Code §51.805).

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• University of North Carolina. (2023). Undergraduate Admissions Policy.  https://catalog.unc.edu/admissions/undergraduate/#admissionspolicytext
• Source of Law: Administrative Law
• The admissions policy includes a statement of non-discrimination in their admissions procedures. This statement coincides with the university’s administrative policy of non-discrimination and ethics policy that is enforced for all departments and areas of the university’s administration. 

]]> 2023-09-18 14:40:47 UTC https://padlet.com/aharper109/uhd1gn6nxsm2muka/wish/2708967941 aharper109 https://padlet.com/aharper109/uhd1gn6nxsm2muka/wish/2708968276 Principle IV- Justice

-This ethical principle is centered around the fair and equal treatment of every person that a student affairs professional comes into contact with. As a part of the principle, it is the job of the professional to "recognize diversity" and promote the student body as a whole despite the students' unique differences (CAS, 2023).

Council for the Advancement of Standards in Higher Education (2023). CAS statement of shared ethical principles. In J. B. Wells & L. K. Crain (Eds.), CAS professional standards for higher education (Version 11). Author. https://www.cas.edu/ethics--values.html

]]> 2023-09-18 14:40:57 UTC https://padlet.com/aharper109/uhd1gn6nxsm2muka/wish/2708968276 aharper109 https://padlet.com/aharper109/uhd1gn6nxsm2muka/wish/2708968734 A lobbying group of lawyers who focus on education wrote this document. It outlines the SCOTUS opinion in lamens terms that non-legal professionals in higher education can easily understand. At the end of the document are suggested policy considerations for institutions to review. Using these legal suggestions and review by the institution's legal team can aid administration and student affairs professionals to ensure compliance with the court's ruling. 


Educational Counsel team. (2023, July 6). EducationCounsel’s Preliminary Guidance Regarding the U.S. Supreme Court’s Decision in SFFA v. Harvard and SFFA v. UNC. https://educationcounsel.com/storage/seLGkbGgqeKNZ56fYVH9l4AT5U0cw88M2YwTomUc.pdf

]]> 2023-09-18 14:41:11 UTC https://padlet.com/aharper109/uhd1gn6nxsm2muka/wish/2708968734 aharper109 https://padlet.com/aharper109/uhd1gn6nxsm2muka/wish/2708969275 As the legal and ethical ramifications of the SCOTUS decision come to light, it will be important for higher education institutions to follow all guidance provided by federal and state education departments. My recommendations for legal and ethical compliance are as follows:

- Institutions must audit their admissions policies to ensure compliance with the Department of Education's guidance.

- Selective institutions need clearly defined admissions requirements and transparency of the admissions review process.

- Members of the admissions committees need to be faculty and staff who have been well versed on the admissions requirements and institutional goals. 

- Admissions committee members should be required to sign an ethical principle document stating that they will uphold the integrity and confidentiality of the institution and admissions process. 

- Students need a clear understanding of the admissions appeal process if they would like to challenge the admissions committee decision. 

- Compliance with the decision should extend to areas of publically funded scholarships and grants and exclude privately funded scholarships and grants. 

- Administrators need to ensure that faculty and staff are aware of policy changes that may need to be made to ensure compliance and provide any required professional development in conjunction with the change.

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