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  • Harvard ‘legacy’ policy challenged on heels of affirmative action ruling

    Harvard ‘legacy’ policy challenged on heels of affirmative action ruling

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    July 3 (Reuters) – Three civil rights groups filed a complaint against Harvard on Monday, claiming its preferential policy for undergraduate applicants with family ties to the elite school overwhelmingly benefits white students, days after the U.S. Supreme Court struck down its race-conscious admissions policies.

    The groups filed a complaint with the U.S. Department of Education claiming that Harvard’s preferences for “legacy” applicants violates a federal law banning race discrimination for programs that receive federal funds, as virtually all U.S. colleges and universities do.

    Last week, the Supreme Court said race-conscious policies adopted by Harvard University and the University of North Carolina to ensure that more non-white students are admitted are unconstitutional. The decision was a major blow to efforts to attract diverse student bodies and is expected to prompt new challenges to admission policies.

    Harvard College is the undergraduate school of Harvard University.

    The groups in Monday’s complaint said the Supreme Court ruling had made it even more imperative to eliminate policies that disadvantage non-white applicants.

    Harvard did not immediately respond to a request for comment.

    The groups are represented by Lawyers for Civil Rights, a Boston-based nonprofit that describes itself on its website as working with “communities of color and immigrants to fight discrimination.”

    Ivan Espinoza-Madrigal, the group’s executive director, said the Supreme Court last week made clear that any policies that disadvantage racial groups are unlawful by noting that “eliminating racial discrimination means eliminating all of it.”

    “Your family’s last name and the size of your bank account are not a measure of merit, and should have no bearing on the college admissions process,” he said in a statement.

    Students and pedestrians walk through the Yard at Harvard University, after the school asked its students not to return to campus after Spring Break and said it would move to virtual instruction for graduate and undergraduate classes, in Cambridge, Massachusetts, U.S., March 10, 2020. REUTERS/Brian Snyder/File Photo

    Legacy policies, which are common at U.S. colleges and universities, have become increasingly controversial

    President Joe Biden, a Democrat, in remarks following las week’s Supreme Court ruling, said schools should consider eliminating legacy policies because they “expand privilege instead of opportunity.”

    Several prominent lawmakers from both parties made similar comments. Representative Barbara Lee, a Democrat from California, called legacy policies “affirmative action for white people” in a tweet.

    According to Monday’s complaint, nearly 70% of Harvard applicants with family ties to donors or alumni are white and are about six times more likely to be admitted than other applicants.

    About 28% of Harvard’s class of 2019 were legacies, the groups said in the complaint. That means fewer admissions slots were available for non-white applicants who are far less likely to have family ties to the school, they said.

    The groups are asking the Department of Education to investigate Harvard’s admission practices and order the school to abandon legacy preferences if it wants to continue receiving federal funding. Michael Kippins, one of the lawyers who filed the complaint, said in an email that Lawyers for Civil Rights has not ruled out filing a lawsuit against Harvard in the future.

    When the Supreme Court heard the Harvard and UNC cases last October, a lawyer for the group that had sued the schools argued that eliminating legacy preferences “would make Harvard far less white, wealthy, and privileged.”

    Conservative Justices Neil Gorsuch and Clarence Thomas appeared to agree, pressing Harvard’s lawyer on why the school could not get rid of the legacy policy instead of granting separate preferences to non-white students.

    The lawyer, Seth Waxman, told the court that there was no evidence that ending legacy preferences would lead to a more diverse student body.

    Reporting by Daniel Wiessner in Albany, New York; Editing by Alexia Garamfalvi and Leslie Adler

    Our Standards: The Thomson Reuters Trust Principles.

    Daniel Wiessner

    Thomson Reuters

    Dan Wiessner (@danwiessner) reports on labor and employment and immigration law, including litigation and policy making. He can be reached at daniel.wiessner@thomsonreuters.com.

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  • US colleges game out a possible end to race-conscious student admissions

    US colleges game out a possible end to race-conscious student admissions

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    WASHINGTON, May 24 (Reuters) – In 1998, the year a voter-approved measure barring the use of race-conscious admissions policies for public colleges and universities in California took effect, the percentage of Black, Hispanic and Native American students admitted at two of the state’s elite public schools plummeted by more than 50%.

    Those figures for UCLA and the University of California, Berkeley offer a cautionary tale as administrators at schools around the United States await a Supreme Court decision due by the end of June that is expected to prohibit affirmative action student admissions policies nationwide.

    That potential outcome in cases involving Harvard University and the University of North Carolina has brought new urgency to efforts by schools to maintain or increase racial and ethnic diversity in their student populations, according to interviews with senior administrators at a dozen colleges and universities.

    “We cannot afford as a nation to regress on our goals to create an educated and equitable society,” said Seth Allen, head of admissions at Pomona College in California. “So it’s incumbent on higher education to figure out how to work collectively together to ensure that we’re not furthering the enrollment gap among different groups of students.”

    Many selective U.S. colleges and universities for decades have used some form of affirmative action to boost enrollment of minority students, seeing value in having a diverse student population not only to offer educational opportunity but to bring a range of perspectives onto campuses.

    Affirmative action refers to policies that favor people belonging to certain groups considered disadvantaged or subject to discrimination, in areas such as hiring and student admissions.

    Schools are exploring numerous options. Administrators said they are drafting strategies to expand their recruitment of diverse applicants, remove application barriers and increase the rate of minority students who accept their admissions offers.

    An official at Rice University in Houston said the school will lean on student essay responses to ensure it admits students from diverse backgrounds. The U.S. Air Force Academy will focus on recruiting more students from diverse congressional districts.

    The president of Skidmore College in New York said connecting with high school counselors will become “more important than ever” to broaden the school’s applicant pool.

    Many schools said they already have waived fees, made standardized testing optional and are looking to improve financial aid offers – steps that could help boost minority enrollment.

    All of the administrators said their plans could change to comply with the scope of the Supreme Court’s reasoning in the Harvard and UNC cases. Some acknowledged that whatever steps schools take to circumvent a ban on race-conscious admissions policies might face legal challenges of their own.

    “We’re likely to see a whole new generation of lawsuits arise from the new admission standards that will be adopted by colleges and universities,” said Danielle Holley, current dean of Howard University School of Law in Washington and incoming president of Mount Holyoke College in Massachusetts.

    Lawsuits backed by an anti-affirmative action activist accused Harvard and UNC of unlawful discrimination in student admissions either by violating the U.S. Constitution’s promise of equal protection under the law or a federal law barring discrimination based on race and other factors.

    UNC was accused of discriminating against white and Asian American applicants. Harvard was accused of bias against Asian American applicants. The schools denied these allegations.

    GOING LOCAL

    Many of the school administrators said they plan to focus resources on recruitment, a part of the admissions cycle they do not expect the court will restrict.

    Admissions officers said they were broadening their outreach to high schools and community-based organizations in neighborhoods with lower incomes and educational attainment – places often populated by racial minorities.

    Yvonne Berumen, vice president of admissions at Pitzer College in California, said her team might run essay workshops at high schools in those targeted zip codes – postal regions – in hopes of generating applications.

    Chris George, dean of admissions at St. Olaf College in Minnesota, said high school data from national organizations like the College Board, which offers information on neighborhood income and housing stability, will help guide which high schools the college sends representatives to visit and the recruitment events they attend.

    Community-based organizations that identify local students who show academic promise and help them apply to college will be crucial partners for identifying and recruiting potential applicants from diverse backgrounds, the administrators said.

    “They become extensions of our recruiting and admissions team in many ways, and we’re seeing each year a bigger and bigger percentage of our students come from those community-based organizations,” said Kent Devereaux, president of Goucher College in Maryland.

    Administrators at schools located in or near major cities, including Pomona College near Los Angeles and Sarah Lawrence College in New York, said they would hope to draw more students from racially diverse local high schools and take more transfer students from local community colleges.

    Colonel Arthur Primas Jr., the U.S. Air Force Academy’s admissions director, said his racially diverse recruiting team will continue to visit schools in U.S. congressional districts with heavy concentrations of minorities and will try to encourage more students to seek nominations to the academy from their local members of Congress.

    “The Air Force Academy has had a long tradition of actively recruiting diverse candidates,” Primas said. “But we’re going to have to really be expansive.”

    Reporting by Gabriella Borter; Additional reporting by Donna Bryson; Editing by Will Dunham and Colleen Jenkins

    Our Standards: The Thomson Reuters Trust Principles.

    Gabriella Borter

    Thomson Reuters

    Gabriella Borter is a reporter on the U.S. National Affairs team, covering cultural and political issues as well as breaking news. She has won two Front Page Awards from the Newswomen’s Club of New York – in 2020 for her beat reporting on healthcare workers during the COVID-19 pandemic, and in 2019 for her spot story on the firing of the police officer who killed Eric Garner. The latter was also a Deadline Club Awards finalist. She holds a B.A. in English from Yale University and joined Reuters in 2017.

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