Were a cross-disciplinary group of education professionals and organizations dedicated to upholding the principles of equitable access to higher educationand promoting diversity on campus. <> <><>17 18]/P 18 0 R/Pg 45 0 R/S/Link>> Saving Black Lives in Pittsburgh, One Call at a Time, State Lawmakers Must Protect the Cultural and Religious Expression of Indigenous Students, Making Black History, Building Black Futures, To Root Out Racism in the Criminal Legal System, We Cant Fear Too Much Justice, Legal Fellow, ACLU Racial Justice Program, conservative legal strategist Edward Blum, Regents of the University of California v. Bakke, Voters in California recently rejected a ballot measure. <> Yet, some race-neutral methods could help colleges improve diversity - and stand up to legal scrutiny. For expert observations ahead of Mondays arguments, UVA Today reached out to Kim Forde-Mazrui, director of the Center for the Study of Race and Law at the University of Virginia School of Law. She was referring to recent Supreme Court decisions on affirmative action. EdSource. The school system insisted its new admissions policies are race-neutral; among other things, they noted that the panelists who evaluate applications don't even know the race of the students they . However, research suggests that while racial discrimination is explicit within the criminal justice system, the class composition of each racial group is strongly correlated with the big overall gap in Black and white incarceration rates (Lewis 2018). In an amicus brief submitted to the court ahead of oral arguments, the University of California system recounted the effects of its race-neutral admissions strategies on campus diversity. AppendPDF Pro 6.3 Linux 64 bit Aug 30 2019 Library 15.0.4 Despite these specific barriers, Black women also endure the costs of caregiving, child care, and student loan debt, which also constrain womens prosperity. The justices, over three dissents from conservatives, agreed with a federal appeals court that the school board may use race neutral means, including family income, to admit more Black and Latino students to the highly selective Thomas Jefferson High School for Science and Technology. See National Fair Housing Alliance 2021. In challenging the admissions policies, SFFA requests that SCOTUS overrule Grutter v. Bollinger, 539 U.S. 306 (2003), . Center for American Progress. endobj 6 0 obj 30 0 obj The Guide summarizes key conversations held in the summer and fall of 2022 to discuss ADC sponsors preparations for the decision and outlines strategies to take proactive steps to prepare for an array of possible outcomes. Criminal Justice Facts (web page). The Harvard case alleges the university has discriminated against Asian Americans in violation of Title VI of the Civil Rights Act of 1964 and the Equal Protection Clause of the 14th Amendment. <>/Metadata 2 0 R/Outlines 5 0 R/Pages 3 0 R/StructTreeRoot 6 0 R/Type/Catalog/ViewerPreferences<>>> Kuhn, Moritz, Mortiz Schularick, and Ulrike I. Steins. uuid:a5890c9e-b41c-11b2-0a00-b04a9b020000 2011. Cineas, Fabiola. The steep increase in the prison population can be largely attributed to many of the policies passed in the 1970sincluding the war on drugs legislationand maintained over the subsequent decades that disproportionately hurt Black and brown people and established what we know today as mass incarceration (Taifa 2021). Policies to protect and uplift women may not always address the intersectional needs of Black women nor combat the structural racist and patriarchal impediments they face. . Theres No Such Thing as Race-Neutral Policy (with Valerie Wilson). Pitchfork Economics (podcast), April 20, 2021, 24 min. Focus on policies and programs conscious of race, ethnicity, sex, and gender. Wilson, Valerie, Ethan Miller, and Melat Kassa. . 2022-05-13T12:30:17-07:00 August 2019. Their briefs claim that while outreach efforts have resulted in more low-income and first-generation students, they have not alone significantly increased diversity. 2019. After Michigan voters passed Proposal 2 in 2006, the university discontinued even the limited consideration of race in holistic admissions programs that Grutter approved. At UCLA, Black enrollment, which had been 7% before Proposition 209, fell to 3.4% by 1998. 2011. Prior to 2020, about 70% of the admitted students at Thomas Jefferson were Asian Americans, but that percentage fell to 54% under the new policy. Sawhill, Isabell V., and Richard V. Reeves. Policy choices have tilted the playing field toward the rich and corporations. 1, Meredith v. Jefferson County Board of Education, The Diversity Imperative: The Compelling Case, Access and Diversity: Related but Distinct Concepts, Key Terms and Concepts: Knowing the Basics, Mythbusters: Correcting Common Misunderstandings, Making Connections: A Holistic View of Key Strategies, Admission: Exploring Key Strategies for Achieving Success, Financial Aid and Scholarships: Exploring Key Strategies for Achieving Success, Getting from Here to There: Managing the Process of Policy Change, Beyond Federal Law: State Voter Initiatives and Their Consequences, Taking a Stand: Higher Education Leadership for the 21st Century, The Initiative on Transfer Policy and Practice, Community Colleges and Student Search Service, Professional Development for Higher Education, Summer Institute on College Admission and School Relations, International Professional Development Events, Summer Institute for International Counselors at NYU, International Admissions Symposium and University Fair, College Board Electronic Discussion Groups, Access and Diversity Collaboratives Action Guide for Higher Education, ADCs Key Action Guide for Every Institution, Engaging Campus Stakeholders on Enrollment Issues Associated with Student Diversity, The Playbook: Understanding the Role of Race Neutral Strategies in Advancing Higher Education Diversity, 2nd Edition, Listen to the oral arguments from SFFA v. Harvard, Listen to the oral arguments from SFFA v. UNC, Read our full public statement on the amicus brief, Brief on SCOTUS taking UNC and Harvard Cases. endobj Similar studies conducted by Georgetown's Center on Education and the Workforce issued the same verdict. The conservative Supreme Court will meet Monday to consider whether colleges and universities can continue to take race into consideration as a factor in admissions, a case that could diminish the . However, as the Alternative Paths report points out, theory doesn't always translate into practice. Exploreresources. Satio, Leland T. 2009. Published March 22, 2021. Lawyers for the Pacific Legal Foundation, a conservative advocacy group based in Sacramento that had sued on behalf of several parents, filed an emergency appeal with the Supreme Court. The hearing came eight years after Students for Fair Admissions Inc., founded by conservative activist Edward Blum, first sued Harvard seeking to end its race-conscious admissions policy, which is . I speculate that the courts conservative supermajority wants to overturn Grutter, Forde-Mazrui said. After centuries of systemic exclusion of Black Americans from full participation in our society and economy, targeted, intersectional, race-conscious policies to ensure full participation are long overdue. In the 2016 verdict, the court found that race played only a modest role UT's "holistic" affirmative action policy. The new policy also dropped several standardized tests that were used to rank applicants, as well as the $100 fee to apply. . The level of racial diversity at such schools, however, has not been as robust as it would be if race could be considered.. University of Texas's race-conscious admissions policy against the challenger's arguments that the university must instead, as a race-neutral alternative, expand its policy of admitting the top 10% of students from the state's high schools. Race-neutral policiessuch as equal protection civil rights lawsfail to reverse the gaps and barriers that exist because of structural racism. Colleges across the United States are preparing for a future without race-based admissions policies as the Supreme Court will soon decide whether to end decades of affirmative action precedent. Thats why the ACLU filed a friend of the court brief (also known as an amicus brief) supporting Harvards ability to consider race when deciding which of its 35,000 applicants will fill the 1,600 seats in its incoming class each year. Said Eisgruber, "We will do our best to be . Fair Housing Act (web page). <>22]/P 18 0 R/Pg 45 0 R/S/Link>> The group alleged in its 2014 lawsuit that the admissions process at North Carolina's flagship university is unlawful because it considers race as a factor and overlooks race-neutral alternatives . A large body of evidence shows so-called race-neutral admissions policies are not as effective for attaining racial diversity on campus. 11 These affirmative action bans in . endstream We develop a theoretical framework that motivates quantifying the e ciency cost of race-neutral policies by the extent admissions decisions are distorted more than needed to achieve a given level of diversity. A final example of a race-conscious policy is the Texas "top 10" law, which guarantees admission to any public university in the state for students in the top 10 percent of their high school . Washington, DC 20005 2021. In addition to discriminatory home sales practices such as redlining, the act outlaws discriminatory practices in a range of rental and housing-financing activities. Affirmative action decision-making in employment and education is a . endobj The plaintiff is the same in both: Students for Fair Admissions, an organization that represents college applicants of Asian ancestry. 32 0 obj A year after the landmark Dobbs ruling, conservative legal campaigners could secure another major victory. Reflections on What Makes a Policy Racist. Efforts have paid some dividends over time, and numbers have rebounded. Within the past few years, Harvard University has been under legal attack to ban affirmative action in its admission process despite the literature available indicating that schools that rely on race-neutral policies and abandon affirmative action decision-making are less accessible and less diverse to underrepresented students of color (Burgess 2020). California, where voters banned affirmative action in 1996, has already been down that road, and University of California officials have asked the court to allow race-conscious admissions policies elsewhere. For example, on an average hourly basis, Black women are paid just 66 cents on the dollar relative to non-Hispanic white men with the same level of education and age (Wilson and Kassa 2020). Affirmative action is a set of policies and practices within government or an organization that seeks to boost participation of underrepresented groups (based on their race, gender, sexuality, or nationality) in specific areas such as college admissions or managerial ranks. Race-neutral admissions alternatives have been found to have no effect on or to increase white admission in secondary schools, and no simulation in the record would produce the level of diversity . In an amicus brief submitted to the court ahead of oral arguments, the University of California system recounted the effects of its race-neutral admissions strategies on campus diversity. <>/MediaBox[0 0 612 792]/Parent 63 0 R/Resources<>/Font<>/ProcSet[/PDF/Text/ImageC]/XObject<>>>/StructParents 0/Tabs/S/Type/Page>> But in the face of persistent structural inequality, such policies are anything but neutral.. New York: Liveright. Only race-conscious policiespolicies that may disproportionately help communities of colorcan dismantle the structural barriers to prosperity, safety, and equity for Black Americans. 23 0 obj Tax Policy Center, November 2021. In the 2003 case Grutter v. Bollinger, the court held in favor of the University of Michigan's affirmative action policy but noted the university could employ race-conscious admissions to promote student diversity only after exhausting race-neutral alternatives. . 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