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. Forde-Mazrui said he continues to be disappointed that the primary justification for affirmative action in the legal landscape is diversity. <>22]/P 18 0 R/Pg 45 0 R/S/Link>> 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 . 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? Black Women Workers Are Essential During the Crisis and for the Recovery but Still Are Greatly Underpaid. Working Economics Blog (Economic Policy Institute), August 12, 2020. Gale, William G. 2021. Learn more about the case, issues, and implications by reviewing one of our prerecorded webinars: Review this recorded session from April2022 for timely analysis on the case, as well as practical, hands-on recommendations from enrollment leaders. We must face race head-on to meaningfully address the racial inequality that persists in our society. It is the product of several years' research and collaboration with enrollment experts and higher education leaders. endobj 5 0 obj endobj We dont know for sure about some of the newer justices, but we know Samuel Alito, Clarence Thomas and John Roberts, they all voted to strike down affirmative action in the Fisher case.. Schlesinger, Traci. The U.S. Supreme Court is set to soon decide whether race-based programs in admissions are lawful. Mass Incarceration: New Jim Crow, Class War, or Both? The Sentencing Project. Published March 22, 2021. Across measures of income, wealth, employment, and health, Black women face some of the most acute disparities with white men. Learn more. For years, states have been the battleground on whether to advance race-neutral and race-conscious policies. Justices Clarence Thomas, Samuel A. Alito Jr. and Neil M. Gorsuch voted to block the new policy, but gave no reasons for their decisions. Affirmative action decision-making in employment and education is a . In collaboration with AACRAO, ACT, and NACAC, College Board also submitted an amicus brief for the cases in 2022. The Failure of Race-Blind Economic Policy. The Atlantic, February 16, 2017. 40 0 obj Affirmative Action Just Lost in CaliforniaAgain. Vox Media, November 4, 2020. The first is a preference based on socioeconomic factors. Clearly the link between race and mass incarceration is evident. Similar studies conducted by Georgetown's Center on Education and the Workforce issued the same verdict. Mark J. Drozdowski, Ed.D., is a senior writer with BestColleges. Campuses that have implemented race-neutral admissions policies have seen dramatic declines in enrollment of underrepresented minorities. 2017. She was referring to recent Supreme Court decisions on affirmative action. 34 0 obj Authoritative, up-to-date data on the living standards of American workers. New York: Liveright. In 2016 in Fisher v. University of Texas, the Supreme Court in a 4-3 vote held that the schools race-conscious undergraduate admissions policy did not violate the equal protection clause. And the Supreme Court has made clear that quotas are unconstitutional.. The Politics of Exclusion: The Failure of Race-Neutral Policies in Urban America. Hanauer, Nick, and Jessyn Farrell. Why give to EPI Without these policies, laws will only mitigatebut not dismantlethe barriers that racist and discriminatory laws and policies have reinforced. The Sentencing Project, October 2021. Did it work? [E]verybody would rather achieve all our racial diversity goals through race-neutral means, Associate Justice Elena Kagan said in the Harvard case. In response, the system ramped up its efforts to attract underrepresented students. Wilson, Valerie, and Melat Kassa. Life is stressful. Despite the intention of prohibiting discrimination by outlawing redlining (and other practices, such as real estate agents steering Black buyers away from white neighborhoods), the Fair Housing Act only mitigated the harm inflicted on communities of color by outlawing future racist policies. During oral arguments, several justices posed questions related to race-neutral admissions, or alternatives to race-conscious enrollment practices. 50 Years After the Kerner Commission: African Americans Are Better Off in Many Ways but Are Still Disadvantaged by Racial Inequality. After studying more than 60,000 students, the author learned that most minority students attending selective colleges would have been rejected under a "race-neutral" admissions process. This Essay reviews and synthesizes contemporary social science research relevant to the constitutional question, in Fisher v. University of Texas at Austin and more broadly, of whether consideration of socioeconomic status and percent plan admissions based on high school rank represent viable race-neutral alternatives to race-based affirmative action programs. Develop plans and preliminary drafts regarding communications to campus stakeholders in the wake of the anticipated Court decision. 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. endobj Following the recent U.S. Supreme Court oral arguments on affirmative action, many experts predict the days of considering race in college admissions may be numbered. The Supreme Court heard oral argument in a case concerning the University of North Carolina's race-conscious admissions policy, which is among the factors used in UNC's holistic review of each of . The decision, dated Sept. 30, emphasizes the need for consideration of race in admissions as a temporary measure to get society to a point of . Various years. Wingfield, Adia Harvey. endstream The combined cases may have significant impacton the way all colleges and universities use race in their admissions practices. Richard H. Sander and Aaron Danielson For most of the 20th century, the criminal justice system has magnified and reinforced the growing racial divide in America. 23 0 obj The Civil Rights Act was passed under the authority of Congress to enforce the Fourteenth Amendment, one of the post-Civil War Reconstruction Amendments that bans denying any individual "the . The wisdom of race-based admissions policies like Harvard's is subject to vigorous debate. 2019. If Kahlenberg is right, Fisher v. Texas might mean the end of affirmative action as we know it in higher education. 1 (2011): 21729. Events It claims numerous studies have demonstrated that replacing a holistic admissions policy with a top 10% plan would not successfully restore the number of students of color at the most selective four-year campuses that would be achieved under a policy that considers race. Race-conscious college admissions policies are critical to enrolling underrepresented minorities including Black and Latinx students and have been upheld by the courts, says American Civil Liberties Union President Deborah Archer. Contact us Have these measures proven successful? . He cites a 2016 Gallup poll in which 63% of Americans opposed colleges using race in admissions decisions while 61% of them favored the consideration of economic circumstances. 25 0 obj 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. 2022-05-13T12:30:17-07:00 A moral policy approach for addressing persistent group-based disparities, Serving, organizing, and empowering communities of color, Best practices for aligning research, advocacy, and activism, Asian Americans and the anti-racist equity agenda, Racial and ethnic disparities in the United States, Program on Race, Ethnicity, and the Economy, Economic Analysis and Research Network (EARN), The Failure of Race Neutral Policies: How Mandatory Terms and Sentencing Enhancements Contribute to Mass Racialized Incarceration, The Failure of Race-Blind Economic Policy, Race Neutral Policies as Barriers to Reconciliation, Theres No Such Thing as Race-Neutral Policy (with Valerie Wilson), The Unfulfilled Promise of the Fair Housing Act, Race-Conscious PoliciesIncluding Affirmative ActionAre Necessary for Addressing Racial Inequity, Affirmative Action Just Lost in CaliforniaAgain, Intersectionality and Public Policy: Some Lessons from Existing Models, Race, Mass Incarceration, and the Disastrous War on Drugs, Housing Vacancies and Homeownership (CPS/HVS), Racial Representation in Professional Occupations: By the Numbers, Black Women Workers Are Essential During the Crisis and for the Recovery but Still Are Greatly Underpaid, Guiding principles for anti-racist research, the bodycam for racial economic injustice, Multidimensional identities of the Hispanic population in the United States, The power of self-determination in building sustainable economies in Indian Country, Program on Race, Ethnicity, and the Economy PREE, Economic Analysis and Research Network EARN. Jones, Janelle, John Schmitt, and Valerie Wilson. 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. Reflections on What Makes a Policy Racist. 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. Race-Conscious Admissions. In addition to discriminatory home sales practices such as redlining, the act outlaws discriminatory practices in a range of rental and housing-financing activities. 2021. More recently, in 2016's Fisher v. University of Texas at Austin, Justice Anthony Kennedy, writing the majority opinion, upheld the use of racial preferences but stressed the university bears the burden of demonstrating that 'available' and 'workable' 'race-neutral alternatives' do not suffice. California provides a fascinating case study because of its diverse population and the breadth and quality of its public higher education system. As of 2021, the homeownership rate for Black people is approximately 45%nearly 30 percentage points lower than the white U.S. homeownership rate of approximately 74% (U.S. Census Bureau 2022). Newsletter 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. endobj In the Harvard case, Students for Fair Admissions also is calling for overturning Grutter v. Bollinger. 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. 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 . Kahlenberg claims this tactic is fairer and more appealing. The Case for Race-Conscious Policies. Social Mobility Memos (Brookings blog), February 4, 2016. 13 0 obj 2018. Asian-American representation at Harvard would, under a race-neutral . Staff sBOx-SIWQg, Thinking Hard About 'Race-Neutral' Admissions. Since its 1978 decision inRegents of the University of California v. Bakke, the court has failed to meaningfully distinguish race-based policies, which seek to dismantle racial hierarchy, from those that aim to perpetuate it. On Oct. 31, the Supreme Court heard oral arguments for two related affirmative action cases brought by Students for Fair Admissions against Harvard University and the University of North Carolina at Chapel Hill (UNC-Chapel Hill). Donate. 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 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 . This includes voting, education, employment, and much more. Subject matter experts Countywide, the demographic breakdown of all high school students is 38% white, 27% Latino, 19.5% Asian and 10% Black. Black homeownership rate still lags nearly 30 percentage points behind white homeownership rate, Homeownership rates by race and ethnicity, 19942021, Advancing anti-racist economic research and policy, Perspectives and resources on race, ethnicity, and the economy. A federal trial judge agreed and ruled the boards new policy amounted to illegal racial balancing.. This latest case against Harvard demonstrates that color-blindness cannot uproot this countrys legacy of racism. Theres No Such Thing as Race-Neutral Policy (with Valerie Wilson). Pitchfork Economics (podcast), April 20, 2021, 24 min. Race Neutral Policies as Barriers to Reconciliation. YouTube video, 59:21. By 2019, UCLA's Black enrollment had grown to almost 6%. 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. 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 . The Color of Law: A Forgotten History of How Our Government Segregated America. Several state university systems have created race-neutral policies to determine which students are admitted and which are not. The Unfulfilled Promise of the Fair Housing Act. The New Yorker, April 11, 2018. The Court stated that the 10% plan did not meet the university's A year after the landmark Dobbs ruling, conservative legal campaigners could secure another major victory. Mondays one-line order by the Supreme Court allows the new policy to go into effect. Instead, it achieved greater diversity by setting aside slots for students from all 26 middle schools in Fairfax County. Despite these specific barriers, Black women also endure the costs of caregiving, child care, and student loan debt, which also constrain womens prosperity. She has had an extensive editing career at several news organizations, including The Virginian-Pilot and The Atlanta Journal-Constitution. The University of Michigan (U-M) shared a similar story in an amicus brief submitted to the court. 2019. 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. The Failure of Race Neutral Policies: How Mandatory Terms and Sentencing Enhancements Contribute to Mass Racialized Incarceration. Crime & Delinquency57, no. 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. Given the state of educational inequality in our country, solely relying on race-neutral policies does not eliminate discrimination; it reinforces it. 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? Immediately following the affirmative action ban, it notes, the number of first-year students from underrepresented minority groups dropped precipitously across the system, plummeting by more than 50% at its most selective campuses, including Berkeley and Los Angeles (UCLA). Policy choices have tilted the playing field toward the rich and corporations. The race-poverty correlation is far from perfect the report notes, and the schools that do have double segregation by race and class tend to be the very schools that are the least effective in preparing students for college for many reasons. Writing in The Economist, Kahlenberg suggests giving a leg up to economically disadvantaged students of all races, a disproportionate share of whom are people of colour. The Color of Justice: Racial and Ethnic Disparity in State Prisons. One is that, even under the current law of Grutter v. Bollinger [a 2003 case in which the Supreme Court upheld affirmative action policies at the University of Michigan Law School], the University of North Carolina is violating the equal protection clause in the 14th Amendment. "Despite persistent, vigorous, and varied efforts to increase student-body racial and ethnic diversity by race-neutral means, admission and enrollment of underrepresented minority students have . Review each program or policyand consider adding/strengthening race-neutral strategies. He has 30 years of experience in higher education as a university administrator and faculty member and teaches writing at Johns Hopkins University. 1 0 obj If the court rules in favor of the plaintiffs this term, what will be the result? Those decisions were correct then and remain correct today, Harvards attorneys wrote in their brief. Focus on policies and programs conscious of race, ethnicity, sex, and gender. They said the boards policy should be blocked because of its intent to discriminate against Asian American applicants.. Here's how it impacts your workplaceand our democracy. Race-neutral admissions policies have had mixed results. 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. Its not racial favoritism. Hard Truths: Why Only Race-Conscious Policies Can Fix Racism in Higher Education. And finally, the district court found that a race-neutral admissions model that weights for low socioeconomic status was not a workable alternative, as it would both reduce racial diversity and lower average entrance test . In Michigan's case, there are almost six times as many white students as Black students from low-income families. 2019. August 2019. race-neutral admissions policies have not significantly increased enrollment of underrepresented . Perhaps that student took part in extracurricular activities signaling membership in a minority community. The current scope of legacy admissions is hard to determine precisely. endobj Hanauer, Nick, and Jessyn Farrell. Fair Housing Act (web page). The plaintiff is the same in both: Students for Fair Admissions, an organization that represents college applicants of Asian ancestry. The data below can be saved or copied directly into Excel. 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. Prepare your campus by using the materials and publications to examine and review your admissions policies. v. Regents of the University of Michigan et al, Parents Involved in Community Schools v. Seattle School District No. Photo by Ian Bradshaw. And race-neutral admissions policies do not appear to result in the degree of parity that race-conscious admissions policies have produced. However, over the past several years, affirmative action has been under attack in the higher education space as some believe race shouldnt be a factor for admission into a school or program. 2018. Policies that may disproportionately help communities of color are critical to building a more racially just society and economy because historically communities of color have been socially, economically, and politically disempowered. Last updated June 3, 2021. Said Eisgruber, "We will do our best to be . Under the new admissions policy at Thomas Jefferson, the entering freshman class would be 54% Asian, 22% white, 11% Latino and 7% Black, the board said. Our webinars and events combine expert analysis with hands-on best practices and discussions from leaders in the field of diversity and admissions. Critics of race-conscious admissions claim similar diversity outcomes could be met by substituting class for race. Burgess, Tiffani. . 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 . <>36]/P 21 0 R/Pg 45 0 R/S/Link>> 2021. 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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. A third claim is that Harvard is engaged in racial balancing, which means they are essentially seeking a quota, Forde-Mazrui said. In systems and institutions like higher education with a history of long-entrenched racial segregation and discrimination, race-conscious policies are pivotal in enhancing the representativeness, diversity, and educational outcomes of people of color. Norm. 2020. <> 1 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. 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). Why not implement affirmative action measures for the poor? And that's certainly what our cases say you have to do. 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). Race-conscious admission policies and the priority of diversity are all crucial factors in promoting equity in education." However, Blum believes that race-neutral admissions could increase diversity, and that colleges such as UNC chose to reject this. 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. 6 min read. Learn with your peers. What's more, both the University of California and Michigan have considerable financial resources for such recruitment programs, and they suggest it would be that much more difficult for other state universities to replicate their efforts. A former columnist for The Chronicle Darlene Earnest is a copy editor for BestColleges. v. Regents of the University of Michigan et al. 0:57. 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Sex, and health, Black Women Workers are Essential During the Crisis and the! To almost 6 %: How Mandatory Terms and Sentencing Enhancements Contribute to mass Racialized Incarceration represents! Janelle, John Schmitt, and NACAC, College Board also submitted an amicus brief submitted to the.... Michigan ( U-M ) shared a similar story in an race neutral admissions policy brief submitted to the Court in..., or alternatives to race-conscious enrollment practices she was referring to recent Supreme decisions. The Color of Law: a Forgotten History of How our Government Segregated America admissions also is calling overturning. Educational inequality in our society submitted an amicus brief submitted to the Court what will be the result student. Are Greatly Underpaid Disadvantaged by racial inequality impacts your workplaceand our democracy issued same... The link between race and mass Incarceration is evident and ruled the boards policy should be blocked of. 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