Race and College Admissions Legal Guide Padlet by Anna Gutierrez https://padlet.com/agutierrez662/zrg760o1j8pdvxwr Module Seven: Legal Padlet Guide Activity en-us 2021-09-28 22:38:18 UTC 2025-11-05 12:47:31 UTC hello@padlet.com https://padlet.net/icons/png/1f392.png Slide #1: My Professional Perspective agutierrez662 https://padlet.com/agutierrez662/zrg760o1j8pdvxwr/wish/1776099826 College Admissions Offices across the nation are currently revamping the way they communicate, network, and reach out to students. Campuses are interested in recruitment, retention, and especially diversifying their campus. It is such a great time to be involved in Higher Education at a time where schools are more inclusive and actively seeking a diverse population of students. Numerous campuses are currently investing substantial monetary and material investments to support their vision of diversity. The efforts and goal of these changes aim to produce college students who embrace diversity, inclusivity, and social justice (Ashby-King & Hanasono, 2019).
This padlet is to give insight to other Higher Education professionals regarding the legalities of race and college admissions.

Ashby-King, D. T., & Hanasono, L. K. (2019). Diverging discourses: Examining how college students majoring in communication define diversity. Qualitative Research Reports in Communication, 20(1), 9–18. https://doi-org.easydb.angelo.edu/10.1080/17459435.2019.1572645

]]> 2021-09-28 22:40:09 UTC https://padlet.com/agutierrez662/zrg760o1j8pdvxwr/wish/1776099826 Slide #2: Summary of Topic agutierrez662 https://padlet.com/agutierrez662/zrg760o1j8pdvxwr/wish/1776100315 The topic of Race and College Admissions is on the rise. This topic is being widely discussed by directors and colleges alike as the pressure is on to begin diversifying more campuses. Large institutions are seeking those underrepresented communities and are offering numerous scholarships and programs to assist students along their journey of pursuing a degree at a Higher Education Institution (Dr. D. DeSousa of Texas A&M, personal communication, September 2021). This topic is near and dear to me personally as a first-generation, minority college student. Segregation in schools was still prevalent less than 60 years ago and although there are rules, regulations, and policies in place to protect students at colleges, there are many places where students are struggling to fit into colleges campuses. I think it is special to consider that in 1965 cases were sent before the Supreme Court to request equality and now colleges are actively seeking out and recruiting underrepresented students. 

One emerging issue that educators should keep an eye out for is how colleges are seeking applicant reviews in a more holistic approach. This may impact the topic of race and admissions. ]]> 2021-09-28 22:40:34 UTC https://padlet.com/agutierrez662/zrg760o1j8pdvxwr/wish/1776100315 Slide #3: Professional Association agutierrez662 https://padlet.com/agutierrez662/zrg760o1j8pdvxwr/wish/1776100757 This article found on the American Association of Collegiate Registrars and Admissions Officers or AACRAO showcased an article discussing how certain current events such as the pandemic and BLM movement have helped shift Higher Education Institutions into thinking and being more "race neutral." This also now includes the latest update in colleges shifting to a test-optional admissions process prompting the question as to whether or not students should take the ACT or SAT. “One key consideration is that the approach be race-neutral, it doesn’t exclude any student,” Sandlin said. “You can have the intent of increasing diversity, as long as the benefit applies equally to all students, based on life experiences, background, talents, work experience, and so on" (AACRAO, 2020).]]> 2021-09-28 22:40:57 UTC https://padlet.com/agutierrez662/zrg760o1j8pdvxwr/wish/1776100757 Slide #4: Current News Article agutierrez662 https://padlet.com/agutierrez662/zrg760o1j8pdvxwr/wish/1776101297
  • As of June 14, 2021 there have been discussions in the Supreme Court to consider banning race when professionals are reviewing applications for college admissions (Associated Press, 2021). One current issue in the United States is students claiming they are not being considered for admission because of their "race." 
  • While unfortunately this does impact a lot of students from a particular race, one must consider there are certain guaranteed admissions academic criteria for most institutions. For other institutions who are strictly holistic reviewed and are incorporating diversity by being more "race conscious," many Americans are left feeling that affirmative action is not falling within their favor. This will be an interesting story to follow as Harvard does deny all allegations stating they are discriminating against Asian-American students. 
    • ]]>     2021-09-28 22:41:25 UTC https://padlet.com/agutierrez662/zrg760o1j8pdvxwr/wish/1776101297     Slide #5: Current News Article agutierrez662 https://padlet.com/agutierrez662/zrg760o1j8pdvxwr/wish/1776101603
  • This article tackles the controversial topic of standardized testing discriminating against minority, low socio economic students. 
  • The fight specifically for black students in America has been on going since 1968, as the wealth gap between black families and white families clearly highlighted how some students were not able to financially afford test-prep courses and private counseling services as they prepared for college(Inside Higher Ed, 2020).
  • As colleges begin to implement programs narrowing in on a more diverse campus, many professionals are suggesting optional standardized testing and "legacy admissions" be omitted. 
  • 42.6% of schools do consider race as limited influence in college admissions decisions, while 58.4% of colleges stated that race and ethnicity has no influence on admissions decisions (Inside Higher Ed, 2020).
    • ]]>     2021-09-28 22:41:39 UTC https://padlet.com/agutierrez662/zrg760o1j8pdvxwr/wish/1776101603     Slide #9: Original Sources of Law agutierrez662 https://padlet.com/agutierrez662/zrg760o1j8pdvxwr/wish/1776102101 Source of Law: Administrative Law
    Link to full text:  § 100.3 Discrimination prohibited (please click text)

    • The Code of Federal Regulation states, "No person in the United States shall, on the ground of race, color, or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program to which this part applies." (34 C.F.R. § 100.3)
    • This law prohibits discriminatory action against denying any individual service, financial aid, etc. (34 C.F.R. §100.3). 
    • Prohibits treating an individual differently from others in determining whether they satisfy admission, enrollment, quota, eligibility, etc.   
    Connecting thought: Initially, the Code of Federal regulations was created following the Civil Rights Act of 1964. Now are other races feeling oppressed or discriminated against when applying for admissions?  


    ]]>     2021-09-28 22:42:03 UTC https://padlet.com/agutierrez662/zrg760o1j8pdvxwr/wish/1776102101     Slide #8: Original Sources of Law agutierrez662 https://padlet.com/agutierrez662/zrg760o1j8pdvxwr/wish/1776102411 Source of Law: Constitutional Law
    Link to full text: 10th Amendment link (please click text)

    • This Amendment was created so that the powers are reserved to the States respectively (U.S. Const. amend. X). 
    • This delegates powers to the states including educational decisions.
    • The law states that public education is a state's right to control. 
    Connecting thought: If system schools such as University of Texas System, Texas A&M System, Texas Tech System, Texas State System, etc., can the state of Texas make a decision about whether or not it is legal to allow state schools to make admissions decisions off based off of race/ethnicity? 

    ]]>     2021-09-28 22:42:19 UTC https://padlet.com/agutierrez662/zrg760o1j8pdvxwr/wish/1776102411     Slide #7: Original Sources of Law agutierrez662 https://padlet.com/agutierrez662/zrg760o1j8pdvxwr/wish/1776102890 Source of Law: Judicial Law
    Link to full text: Brown v. Board of Education, 1954 (please click text)

    • Prior to Admissions Cases debating race being a factor, Black Americans were fighting for basic rights to attend schools, use public playgrounds, bathrooms, etc. During this movement, a monumental case ruled in favor of omitting segregation in public schools.
    • This Supreme Court Case, Brown v. Board of Education (1954), ruled that racial segregation in public schools was unconstitutional. 
    • This court case shed light on the fact that separating students by their race was detrimental. This was one of the many victories in creating true equal opportunities for all students. 
    Connecting thought: Only 70 years ago, times when our grandparents and loved one were alive, people witnessed segregation which stripped minorities of basic human rights. Now in 2021, movements like the BLM and the pandemic have shown there are still changed that need to be made in order to truly give students resource and access to a fair education.  
    ]]>     2021-09-28 22:42:42 UTC https://padlet.com/agutierrez662/zrg760o1j8pdvxwr/wish/1776102890     Slide #6: Original Sources of Law agutierrez662 https://padlet.com/agutierrez662/zrg760o1j8pdvxwr/wish/1776103285 Source of Law: Statutory Law
    Link to full text: Civil Rights Act of 1964 (please click text)

    • This law passed by the Senate states that segregation was banned in all places. While this included schools, colleges, and other educational entities, this was also including any other establishment in the U.S. 
    • No citizen in America could be segregated on the grounds of race, religion, and even national origin (42 U.S.C. § 2000d et seq).  
    • This law followed the Supreme Court case ruling and has forever changed the United States creating an equal and more inclusive environment. 


    ]]>     2021-09-28 22:43:01 UTC https://padlet.com/agutierrez662/zrg760o1j8pdvxwr/wish/1776103285     Slide 10: Local Administrative Law/Policy/Rule agutierrez662 https://padlet.com/agutierrez662/zrg760o1j8pdvxwr/wish/1776103749 UTSA has provided their students, faculty, and staff the Handbook of Operating Procedures or HOP in order to provide the federal rules and regulations the institution is abiding by. For the topic of "Race and Admissions," section 9.01 in the HOP is regarding the institutions zero tolerance for Nondiscrimination. This section regarding the policies of nondiscrimination state this institution prohibits unlawful discrimination on the basis of color, race, gender, sex, religion, national origin, age, disability, citizenship, gender identity, and veteran status (University of Texas at San Antonio, 2021). These statements prohibit discrimination at any capacity (i.e. visitors, APPLICANTS, faculty, staff, students, etc.). This was selected to show how serious this matter is at this state institution. ]]> 2021-09-28 22:43:19 UTC https://padlet.com/agutierrez662/zrg760o1j8pdvxwr/wish/1776103749 Slide #11: Ethical Principle agutierrez662 https://padlet.com/agutierrez662/zrg760o1j8pdvxwr/wish/1776104316 One item in my professional code of ethics is Autonomy. According to the  Council for the Advancement of Standards in Higher Education (2015), autonomy is defined as taking responsibilities for our actions and supporting the empowerment to and individual or group's freedom of choice. 

    Link:  http://standards.cas.edu/getpdf.cfm?PDF=D67207DB-A711-46AA-86038F4A48ACF434]]>     2021-09-28 22:43:43 UTC https://padlet.com/agutierrez662/zrg760o1j8pdvxwr/wish/1776104316     Slide #12: Non-Law Source agutierrez662 https://padlet.com/agutierrez662/zrg760o1j8pdvxwr/wish/1776104802 The Chronicle of Higher Education is a website I highly recommend professional utilize to learn more about this topic. This website has a free subscription and send daily emails with new research, news articles, and current events happening at higher education institutions in the U.S. 

    Link: https://www.chronicle.com/]]>     2021-09-28 22:44:06 UTC https://padlet.com/agutierrez662/zrg760o1j8pdvxwr/wish/1776104802     Slide #13: Bulleted list of Recommendations/Best Practices for Compliance agutierrez662 https://padlet.com/agutierrez662/zrg760o1j8pdvxwr/wish/1776105405 Race and Admissions has been widely discussed among professionals. As Higher Education Institutions begin to modify and shift their processes to align more closely with their goals and missions, I do have a few recommendations for legal compliance along this topic: 
    1. Continue to create equal opportunities within the admissions process that has nothing to do with race/ethnicity. This would include allowing auto entry for certain GPAs or Ranks. Something that can solely be based on academics. 
    2. If an institution is attempting to diversify their campus, consider standardized testing being an optional submission. 
    3. Holistic Review on college applications. This would take things such as academics, extracurricular activities, statements of intent, etc. into consideration. 
    4. Make it a priority and a point to recruit in places where there is an underrepresented population of students. Often times these students are not as exposed to higher education opportunities because of where they reside. 
    5. When Diversity is the goal of a campus, it is of utmost importance to hire faculty/staff who are diverse as well. They are not only a critical piece of the goal to diversity but they are more relatable for students who are considering a school. 
    6. Consider prioritizing funding to promote a more inclusive education. This can be applicable to all races and ethnicities but puts Americans with financial need as a priority.

    ]]>     2021-09-28 22:44:32 UTC https://padlet.com/agutierrez662/zrg760o1j8pdvxwr/wish/1776105405