2021. And at its most selective campuses, the shortfall is especially apparent, causing African American, Native American, and Latino/a students to struggle with feelings of racial isolation. 2021. Across measures of income, wealth, employment, and health, Black women face some of the most acute disparities with white men. endobj 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). Race-neutral policy such as the drive to eliminate affirmative action threatens racial equity in the states. Two "race-neutral alternatives" are frequently proposed: a search for socioeconomic diversity, which is often a proxy for racial and ethnic diversity, and a plan to admit the top candidates . 1 endobj Donate. Jones, Janelle, John Schmitt, and Valerie Wilson. The level of racial diversity at such schools, however, has not been as robust as it would be if race could be considered.. Race-conscious policies are just as important on state and local levels as on a federal level. A 2017 report titled Alternative Paths to Diversity: Exploring and Implementing Effective College Admissions Policies endeavors to answer this essential question: Is there a workable, nonracial way to achieve diversity without any consideration of a student's race in the admissions process? Consider, for example, a student's personal statement reflecting on the challenges of belonging to a particular race. (based on their race, gender, sexuality, or nationality) in specific areas such as college admissions or managerial ranks. Fair Housing Act (web page). Prince 12.5 (www.princexml.com) Recent history suggests banning affirmative action will significantly reduce the number of racial minorities on campus. Despite these specific barriers, Black women also endure the costs of caregiving, child care, and student loan debt, which also constrain womens prosperity. Peoples Policy Project, January 2018. And importantly, the court is not the only place where skepticism of race-conscious policies exists:Voters in California recently rejected a ballot measurethat would have restored the states affirmative action policy, suggesting broad public unease with race-conscious decision-making. . But leaders at the University of California and the University of Michigan say their race-neutral admissions policies have not worked, telling the Supreme Court and filings they haven`t been able to significantly increase enrollment of underrepresented minorities sends affirmative action bans in their states took effect. Wilson, Valerie, and Melat Kassa. http://www.jstor.org/stable/41058335. Out of nine justices, six are now conservative, and with Chief Justice John Roberts's acknowledgment of his preference for race-neutral admissions policies, a sweeping ban on affirmative action . In collaboration with AACRAO, ACT, and NACAC, College Board also submitted an amicus brief for the cases in 2022. For years, states have been the battleground on whether to advance race-neutral and race-conscious policies. Lawyers for some parents had sued to challenge the change in the admissions policy, which they said discriminated against Asian American students. The combined cases may have significant impacton the way all colleges and universities use race in their admissions practices. The acute gaps between the economic well-being of Black women and white men demonstrate the need for race-conscious policies that target the intersection of race and gender. 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. 1: 5681. The one involving UNC-Chapel Hill features similar claims but adds white students into the mix. However, as the Alternative Paths report points out, theory doesn't always translate into practice. 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. endobj Generate messaging that shows you continue to be committed to and invested in DEI initiatives that are unlikely to be affected by any Court ruling. Regardless of your current planning stage, you can prepare now by reviewing the Access and Diversity Collaboratives Action Guide for Higher Education. endobj For policymakers to craft meaningful criminal justice reform, legislation must address the systemic racial legacy of mass incarceration and the root causes of race and class divide through economic empowerment. This case asks the Supreme Court to decide whether Grutter v.Bollinger should be overruled and whether universities should be prohibited from using race in the admission process, as well as whether Harvard violated Title VI of the Civil Rights Act by discriminating against Asian American applicants in the admission process and by rejecting workable, race-neutral alternatives. But if college presidents embrace race . Their briefs claim that while outreach efforts have resulted in more low-income and first-generation students, they have not alone significantly increased diversity. Because many of those students come from under-resourced communities, the TTPP serves as a way to increase both low-income and racial minority students, at least in theory. For most of the 20th century, the criminal justice system has magnified and reinforced the growing racial divide in America. The persistent and in some cases widening gaps between economic outcomes for Black and white Americans are largely due to structural racism; racism that is entrenched within the very fabric of our customs, laws, systems, and institutions. 6 min read. <> Coalition to Defend Affirmative Action et al. Readersinterested in delving deeper into the issues touched on in this chapter are encouraged to explore the following resources suggested by the author. Recent debates over race-neutral policy have concerned affirmative action in higher education. Review each program or policyand consider adding/strengthening race-neutral strategies. In the first verdict, the court had overturned a lower court's approval of UT's race-sensitive admissions policy and called for race-neutral alternatives. 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. 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 . These cases arise from two distinct yet related lawsuits. It is the product of several years' research and collaboration with enrollment experts and higher education leaders. v. Regents of the University of Michigan et al. Why give to EPI The fight against affirmative action, and race . Jones, Tiffany, and Andrew Howard Nichols. Board of Directors Hankivsky, Olena, and Renee Cormier. New proposed legislation in Florida, House Bill 999, aims to ban public colleges from funding any projects that, "espouse diversity, equity, and inclusion or critical-race-theory rhetoric . endobj After Michigan voters passed Proposal 2 in 2006, the university discontinued even the limited consideration of race in holistic admissions programs that Grutter approved. Lewis, Nathan. August 2019. 0:00. The Failure of Race Neutral Policies: How Mandatory Terms and Sentencing Enhancements Contribute to Mass Racialized Incarceration. Crime & Delinquency57, no. <>/Metadata 2 0 R/Outlines 5 0 R/Pages 3 0 R/StructTreeRoot 6 0 R/Type/Catalog/ViewerPreferences<>>> 3 0 obj The Harvard affirmative action case is the latest legal challenge engineered byconservative legal strategist Edward Blum, who has been suing to bring an end to race-conscious policies, including affirmative action, for more than 25 years. 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. Summary:Race-neutral policies are harmful for achieving true racial equity and justice. <>9]/P 17 0 R/Pg 45 0 R/S/Link>> In the case involving the University of North Carolina, Students for Fair Admissions argues the college discriminates against white and Asian applicants by giving preference to Black, Hispanic and Native American students. 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. The data below can be saved or copied directly into Excel. <> A federal trial judge agreed and ruled the boards new policy amounted to illegal racial balancing.. endobj WASHINGTON Harvard vigorously defended admissions that consider race as one factor among many in arguments before the Supreme Court on Monday. Learn more. Prepare for the 2023 decision right now following the ADCs Action Guide for Higher Education: Establish a leadership team tasked with guiding all institutional plans regarding possible Court outcomes and addressing these issues: Establish a baseline by documenting a full inventory of all relevant policies and program descriptions associated with diversity, equity, and inclusion (DEI): Keep reading below to get the information, timely updates, and in-depth resources you need to examine your policies. Black women are also more likely to face occupational segregation that limits their access to higher-paying jobs (Wilson, Miller, and Kassa 2021). Critics of race-conscious admissions claim similar diversity outcomes could be met by substituting class for race. EPIs research helps policymakers, opinion leaders, advocates, journalists, and the public understand the bread-and-butter issues affecting ordinary Americans. Voters in California passed Proposition 209 in 1996, banning race-conscious admissions policies. application/pdf Center for American Progress, May 2019. In the ensuing years, despite extraordinary efforts that included many of the targeted outreach tactics employed in California as well as a reduction in the number of students enrolled via early acceptance programs, minority enrollment fell sharply, the university claims. New York: Liveright. Over the last 40 years, the incarcerated population has increased by 500%, with 2 million people in prison and jail today (The Sentencing Project 2021). Black undergraduate enrollment fell from 7.03% in 2006, when Proposal 2 was passed, to 3.92% in 2021. Our weekly mental wellness newsletter can help. The current scope of legacy admissions is hard to determine precisely. 2023 by the Rector and Visitors of the University of Virginia, Menaka Guruswamy, Arundhati Katju Helped Win Landmark Ruling in India, Consumer Information (ABA Required Disclosures), issued a statement to University students, faculty, staff and foundations, Jamar Walker 11 Makes History as First LGBT Federal Judge in Virginia, Sean Onwualu 24 Trades in Playbooks for Casebooks, LGBT Rights Litigators To Receive Jefferson Medals in Law, Big Data and War: Can a Cyberattack Warrant an Armed Response? 2017. The Failure of Race-Blind Economic Policy. The Atlantic, February 16, 2017. Washington, DC 20005 30 0 obj Only race-conscious policiespolicies that may disproportionately help communities of colorcan dismantle the structural barriers to prosperity, safety, and equity for Black Americans. In fact, that will increase as a result of affirmative action being eliminated. Like the University of California, Michigan told the court that after many years of trying to achieve racial diversity, it has proven that goal cannot be adequately realized at selective institutions without taking race into account as one factor among many in admissions decisions. endobj Phone: 202-775-8810 epi@epi.org But Title VI and Supreme Court precedent impose limitations on Harvard's ability to consider race in its admissions processlimitations that Harvard has not respected. Have these measures proven successful? She has had an extensive editing career at several news organizations, including The Virginian-Pilot and The Atlanta Journal-Constitution. In 2009, Texas amended the policy, raising the threshold to 6-7% for the University of Texas at Austin. A race-blind admissions standard, they say . 2020. Clearly the link between race and mass incarceration is evident. Jones, Tiffany, and Andrew Howard Nichols. Center for American Progress. Copy the code below to embed this chart on your website. Perhaps that student took part in extracurricular activities signaling membership in a minority community. Race-neutral admissions emerged in 1995 as a significant policy issue when the Regents of the University of California (UC) adopted Resolution SP-1, prohibiting the use of race, religion, sex, color, ethnicity, or national origin in the UC admission process. Many schools lack the resources that U-M has been able to put into this effort, Michigan's brief states, and would not be able to undertake such a broad array of initiatives to respond to such a disruptive change. race in university admissions, 11. and both researchers and policymakers tend to assume that these schools are ideal exemplars of the operation and effects of race-neutral pol-icies. Some public universities have already experimented with race-neutral recruitment efforts because of state laws banning racial preferences. Countywide, the demographic breakdown of all high school students is 38% white, 27% Latino, 19.5% Asian and 10% Black. endobj The University of Michigan (U-M) shared a similar story in an amicus brief submitted to the court. During that span, the percentage of college-aged Black students in Michigan increased from 16% to 19%. We need disaggregated race data to truly aid in identifying the inequities, documenting the harm, and advancing equitable and comprehensive policies to address the inequities. That clause reads No State shall deny to any person within its jurisdiction the equal protection of the laws., Students for Fair Admissions claims that UNC could use race-neutral alternatives to achieve racial diversity, Forde-Mazrui said, which would fail the Grutter test, because that test says you should only use race if there are no workable race-neutral alternative ways to achieve racial diversity.. During oral arguments, several justices posed questions related to race-neutral admissions, or alternatives to race-conscious enrollment practices. Thinking Hard About 'Race-Neutral' Admissions Criminal Justice Facts (web page). 1. Adams, Michelle. Race & Reconciliation Initiative at Texas Christian University. 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. Forde-Mazrui said this case is more complicated. The Economic Policy Institute staff is unionized with the Breadwinning Mothers Continue to be the U.S. Regardless of the courts ruling, we will remain steadfast in our commitment to make diversity a core part of the educational experience at UVA, and will strive to do all we can, within the bounds of the law, to continue to admit and recruit a widely diverse student body, they wrote. 2019. 32 0 obj 36 0 obj The decision is a welcome affirmation that using race-conscious decision-making is both lawful and necessary in higher education. Exploreresources. Universities in these states have come up with ways to attempt to admit fairly diverse classes through race-neutral criteria, such as looking more to socioeconomic disadvantage and personal essays that describe unusual or challenging backgrounds and experiences, he said. Our country isnt race-neutral despite efforts to push race-neutral policy. You may occasionally receive promotional content from the Los Angeles Times. They point to race-neutral college admission policies in California, Michigan and other states where the practice is banned and diversity has declined. This Appendix examines "race-neutral" policies employed by universities in several states in We expect the Courts decision by June 2023 and audio recordings for both the UNC and Harvard cases are now available on the Courts website. Hard Truths: Why Only Race-Conscious Policies Can Fix Racism in Higher Education. Published March 22, 2021. The U.S. Supreme Court is set to soon decide whether race-based programs in admissions are lawful. Browse events and recorded sessions. The Case for Race-Conscious Policies. Social Mobility Memos (Brookings blog), February 4, 2016. If that comes to pass, how will universities achieve their long-standing goal of educating a diverse student body in a post-affirmative action world? Review this recorded session from June2022 to learn additional specific, race-neutral enrollment management strategies in advance of the major U.S. Supreme Court action expected this fall and next year. <>42]/P 23 0 R/Pg 45 0 R/S/Link>> Satio, Leland T. 2009. Newsroom Justices Clarence Thomas, Samuel A. Alito Jr. and Neil M. Gorsuch voted to block the new policy, but gave no reasons for their decisions. At least nine states Arizona, California, Florida, Idaho, Michigan, Nebraska, New Hampshire, Oklahoma, and Washington have passed laws prohibiting affirmative action in university admissions. In Michigan's case, there are almost six times as many white students as Black students from low-income families. endobj While there are many factors that may play a role in the low Black homeownership rate, one key factor is the racist history of redliningthe practice in which lenders deny mortgage loans or other services to communities of color. Did it work? endobj Kuhn, Moritz, Mortiz Schularick, and Ulrike I. Steins. So is there a viable race-neutral substitute for affirmative action that sufficiently satisfies diversity goals? . Reflections on What Makes a Policy Racist. endobj Yet, a small but growing body of research suggests that compliance with race-preference bans is irregular; "race-neutral" universities often do appear to give Newsletter Why not implement affirmative action measures for the poor? Here's how to tilt it back. Other includes AAPI in years in which AAPI data are not available. The law was passed once again in 2020. 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. And that's certainly what our cases say you have to do. Campuses that have implemented race-neutral admissions policies have seen dramatic declines in enrollment of underrepresented minorities. But class disadvantage and racial disadvantage are distinct problems with different roots and different impacts and they require distinctive solutions. Asian-American representation at Harvard would, under a race-neutral . A large body of evidence shows so-called race-neutral admissions policies are not as effective for attaining racial diversity on campus. 2017. 2022-05-13T12:30:17-07:00 endobj He has 30 years of experience in higher education as a university administrator and faculty member and teaches writing at Johns Hopkins University. Several state university systems have created race-neutral policies to determine which students are admitted and which are not. Race-neutral policiessuch as equal protection civil rights lawsfail to reverse the gaps and barriers that exist because of structural racism. This analysis indicates that these disparities are largely due to a racialized class system. These materials and publications can support your work as you prepare for the Supreme Courts decision by examining policies or moving toward race-neutral admission policies. 2 0 obj 2011. Measures included outreach programs for low-income and first-generation students, targeted recruitment in certain communities, and summer immersion programs to prepare students for the college environment. In the 2016 verdict, the court found that race played only a modest role UT's "holistic" affirmative action policy. The inclusion of race, class, and disaggregated gender disparities as policy targets are critical in advancing race-conscious policies on both federal and state levels. Mark J. Drozdowski, Ed.D., is a senior writer with BestColleges. Last updated June 3, 2021. Race & Reconciliation Initiative at Texas Christian University. endobj Following are key reasons why we need to combat the harms of race-neutral policy with race-conscious policies to build a racially just economy and how those policies should be structured: Over 50 years ago, the civil rights era ushered in numerous transformative policies that sought to give people of color equal access to various social and democratic institutions free from explicit discrimination based on race. Schools will be scrambling to do what many universities have actually already had to do, Forde-Mazrui said. Bok assesses the different policy alternatives, like class-based affirmative action and top 10 percent plans. These briefs contradict statements Students for Fair Admissions made Monday in its argument against Harvard before the Supreme Court, in which the group's lawyers claimed that the experiences of Michigan and California show how a university can achieve effective race-neutral alternatives. The Sentencing Project, October 2021. National Fair Housing Alliance. The Education Trust, January 2020. . 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. Norm. Schlesinger, Traci. Tax Policy Center, November 2021. 2018. Said Eisgruber, "We will do our best to be . Consequently, disparities in wealth and numerous other indicators connected to homeownership and residential patterns continue to grow while the economy leaves communities of color further behind. Paul B. Stephan 77 Weighs In, A Year of War: Three Experts Weigh In on the Ukraine Invasion So Far, Common Law Explores Why Once-Contentious Natural Gas Pipelines Are Now Rubber-Stamped, Book by Danielle Citron Traces History of Privacy Law, Reforms for Today, Podcast: Global Crisis Triggered by Knowledge Economy, Says Paul B. Stephan 77, Podcast: Kim Krawiec Discusses Political Economy of Organ Transplantation. 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. Interactive tools and videos bringing clarity to the national dialogue on economic inequality. Affirmative action decision-making in employment and education is a . 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. 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. William A. Darity Jr. Duke University The University of California has spent billions of dollars pursuing race-neutral alternatives. To access the recording, use this passcode: access2022! 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 . <><>17 18]/P 18 0 R/Pg 45 0 R/S/Link>> The strong weight of the evidence . Certainly, selective colleges should strive for class diversity along with racial diversity, wrote Anthony Carnevale, the center's director. At UCLA, Black enrollment, which had been 7% before Proposition 209, fell to 3.4% by 1998. 2022-05-13T12:30:17-07:00 As colleges nationwide await a Supreme Court decision, they face an uncertain future about how to craft a class and ensure diversity within their student body. The Color of Law: A Forgotten History of How Our Government Segregated America. This summer, the Supreme Court will rule in Students for Fair Admissions (SFFA) v.President and Fellows of Harvard College and SFFA v. University of North Carolina, two cases that seek to eliminate affirmative action in college admissions.. Need to become up to speed on the case and its implications for your campus? Affirmative action decision-making in employment and education is a useful way to implement race-conscious practices that address inequities springing from historical barriers for marginalized people. For example, in the first year UC Berkeley eliminated race as a factor in its admissions, the admissions rate for Black students dropped from 50 percent to 20 percent and from 45 percent to 21 percent for Latinx students. In Students for Fair Admissions language, Harvard is penalizing Asian applicants, so that its even harder to get into Harvard if youre Asian than if youre white, Forde-Mazrui said. 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 . 10 After two decades with Proposition 209 in California, college enrollment by black and Latino students was lower than before the proposition was passed. There are several states that have already banned affirmative action, including California, Washington, Michigan and Florida. Contact us Cineas, Fabiola. Its racial egalitarianism that motivates affirmative action, in his legal opinion. David G. Savage has covered the Supreme Court and legal issues for the Los Angeles Times in the Washington bureau since 1986. The plaintiff is the same in both: Students for Fair Admissions, an organization that represents college applicants of Asian ancestry. Legal, policy, and practice professionals share their expertise and guidance, including how to leverage College Board's Landscapetool in the context of the broader legal environment. Accessed January-February 2022. 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 . Action world Atlanta Journal-Constitution to 3.4 % by 1998 certainly what our cases you... Race-Neutral admissions policies are not available the mix policy have concerned affirmative action and top 10 percent plans Continue be... 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