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? Browse events and recorded sessions. Reflections on What Makes a Policy Racist. 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. And Richard Sander, a University of California, Los Angeles, law professor, has shown that adopting race-neutral admissions policies may lead to improved outcomes for racial minorities. In the Harvard case, Students for Fair Admissions also is calling for overturning Grutter v. Bollinger. 2021. As just one example of the gap between the promises of the act and the reality, decades later African Americans still face disparately low rates of homeownership, as shown in Figure A. 2021. A year after the landmark Dobbs ruling, conservative legal campaigners could secure another major victory. 50 Years After the Kerner Commission: African Americans Are Better Off in Many Ways but Are Still Disadvantaged by Racial Inequality. http://www.jstor.org/stable/41058335. Its racial egalitarianism that motivates affirmative action, in his legal opinion. State and local policymakers play a large role in advancing these policies and ensuring equitable and comprehensive pathways for people of color to fully participate in historically inaccessible institutions. The schools say they stand by their holistic admissions criteria that include the consideration of race among many factors when forming classes with the goal of fostering educational diversity. <>36]/P 21 0 R/Pg 45 0 R/S/Link>> Regardless of your current planning stage, you can prepare now by reviewing the Access and Diversity Collaboratives Action Guide for Higher Education. 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 . endobj Centre of Economic Policy Research, December 2019. <>0]/P 11 0 R/Pg 45 0 R/S/Link>> While the court continues to permit affirmative action policies in higher education, it has done so with increasing hesitance and an ever-growing preference for race-neutral alternatives. U.S. Census Bureau, Current Population Survey/Housing Vacancy Survey. 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). The drop is particularly noticeable when comparing . Hankivsky, Olena, and Renee Cormier. 30 0 obj 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. Need deeper analysis? 40 0 obj Life is stressful. 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 . endobj 1. Our webinars and events combine expert analysis with hands-on best practices and discussions from leaders in the field of diversity and admissions. Wingfield, Adia Harvey. Only race-conscious policiespolicies that may disproportionately help communities of colorcan dismantle the structural barriers to prosperity, safety, and equity for Black Americans. <>stream 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 . Asian-American representation at Harvard would, under a race-neutral . Accessed January-February 2022. To access this presentation, use the passcode: access2022! 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). There are several states that have already banned affirmative action, including California, Washington, Michigan and Florida. Race-conscious admissions policies are still the best way to achieve diversity on campus. The law was passed once again in 2020. Race Neutral Policies as Barriers to Reconciliation. YouTube video, 59:21. <> 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 . Harvard and UNC are asking the justices to allow Grutter and other similar decisions to stand. The United States highest court is hearing arguments against using race as a factor in college admissions policies Monday in cases involving the University of North Carolina at Chapel Hill and Harvard University. 2017. The Case for Race-Conscious Policies. Social Mobility Memos (Brookings blog), February 4, 2016. In fact, that will increase as a result of affirmative action being eliminated. endobj Black undergraduate enrollment fell from 7.03% in 2006, when Proposal 2 was passed, to 3.92% in 2021. UT argues that the Court has already held that a university's interest in diversity is compelling, and that UT's admissions policy is narrowly tailored, because race-neutral approaches are insufficient to achieve its interest. 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. These cases arise from two distinct yet related lawsuits. 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. The Supreme Court's choice to review affirmative action cases at Harvard and the University of North Carolina is troubling and portends a regressive shift, she says. Apply a comprehensive DEI lens throughout the institution, including cross-campus functions and departments. . 2016. 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, systems, and institutionseven as rules and laws that once denied rights and opportunities to people of color have been repealed (Solomon, Maxwell, and Castro 2019). The level of racial diversity at such schools, however, has not been as robust as it would be if race could be considered.. EPI is an independent, nonprofit think tank that researches the impact of economic trends and policies on working people in the United States. By this standard, UGA does not have any quota systems in . Public data series accessed through the Housing Vacancies and Homeownership (CPS/HVS) data tables. Have these measures proven successful? endobj These two cases were heard separately over the course of the day. 12. 3 0 obj The Failure of Race Neutral Policies: How Mandatory Terms and Sentencing Enhancements Contribute to Mass Racialized Incarceration. Crime & Delinquency57, no. We must acknowledge and tackle the barriers posed by systemic racism with race-conscious policies that target the intersection of race, class, and gender. 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. Moreover, the new policy gave extra consideration to students who came from low-income households. Exploring how race, ethnicity, and class intersect to affect economic outcomes in the United States. 6 0 obj Efforts have paid some dividends over time, and numbers have rebounded. No, says the report. The school system has insisted that its new policies are race neutral, and the panel evaluating applicants is not even aware of applicants' race as it conducts its reviews. But in fact, race-conscious policies aim to address racial discrimination by recognizing and responding to the structural barriers that have long denied full social, political and economic participation to people of color in the U.S. Blum opposes race-conscious policies in part because he believes that these barriers no longer exist. <>35]/P 20 0 R/Pg 45 0 R/S/Link>> See key cases. For its part, although the Supreme Court has consistently ruled it is legal to use race as a factor in a holistic application process, it has long viewed race-conscious policies with suspicion. Theres No Such Thing as Race-Neutral Policy (with Valerie Wilson). Pitchfork Economics (podcast), April 20, 2021, 24 min. 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. 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. 2019. Norm. Clearly the link between race and mass incarceration is evident. After Michigan voters passed Proposal 2 in 2006, the university discontinued even the limited consideration of race in holistic admissions programs that Grutter approved. UVA President Jim Ryan 92 and Provost Ian Baucom issued a statement to University students, faculty, staff and foundations Friday, ahead of Mondays hearing. 2011. endobj Bollinger, 539 U.S. 306 (2003), and hold that institutions of higher education cannot use race as a factor in admissions," and (2) whether Harvard and UNC's race-based admissions policies satisfy the demanding strict-scrutiny standard established by Grutter and its progeny. 2023 Economic Policy Institute 11 These affirmative action bans in . If the court rules in favor of the plaintiffs this term, what will be the result? 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. But class disadvantage and racial disadvantage are distinct problems with different roots and different impacts and they require distinctive solutions. Authoritative, up-to-date data on the living standards of American workers. (CPS), where a race-neutral, place-based a rmative action system is used for admissions at highly competitive exam high schools. Photo by Ian Bradshaw. Implement the above steps to help streamline evaluations in light of any consequential Court action. Washington, DC 20005 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. Glynn, Sarah Jane. Jobs at EPI 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. A large body of evidence shows so-called race-neutral admissions policies are not as effective for attaining racial diversity on campus. 2018. (based on their race, gender, sexuality, or nationality) in specific areas such as college admissions or managerial ranks. And race-neutral admissions policies do not appear to result in the degree of parity that race-conscious admissions policies have produced. Jones, Janelle, John Schmitt, and Valerie Wilson. Develop plans and preliminary drafts regarding communications to campus stakeholders in the wake of the anticipated Court decision. Reflections on What Makes a Policy Racist. Webinar 2: Navigating in Times of Challenge: Fundamentals on Policy and Practice Associated with Race and Ethnicity in Admissions Review this recorded session from June 2022 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. Opponents of race-conscious decision-making, like Blum, misleadingly characterize such policies as discriminatory simply because they acknowledge the reality of race. In Michigan's case, there are almost six times as many white students as Black students from low-income families. Review each program or policyand consider adding/strengthening race-neutral strategies. Systematic Inequality and Economic Opportunity. The Education Trust, January 2020. 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. Economic Policy Institute, February 2018. 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? 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. In the Harvard case, the plaintiff says the schools admissions policies discriminate against Asian Americans. They could even exacerbate existing racial inequities. Fast forward to [today] the chokehold has gone away., Affirmative action opponents often favor so-called race-neutral admissions policies, which do not explicitly consider race. 43 0 obj 2011. 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. You will also get a recommended framework, suggested strategies, and a timeline for immediate action based on a range of possible outcomes. 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. 60 0 obj The decision is a welcome affirmation that using race-conscious decision-making is both lawful and necessary in higher education. Appligent AppendPDF Pro 6.3 1 (2011): 21729. New York: Liveright. Prepare your campus by using the materials and publications to examine and review your admissions policies. Taifa, Nkechi. College Board Access & Diversity Collaborative, is a guide to assist institutions of higher education in evaluating race- and ethnicity-neutral policies in support of mission-related diversity goals. Hanauer, Nick, and Jessyn Farrell. However, as the Alternative Paths report points out, theory doesn't always translate into practice. 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). 5 0 obj The Unfulfilled Promise of the Fair Housing Act. The New Yorker, April 11, 2018. Google Maps. Consideration of all aspects of a students background for admissionincluding raceis not only constitutional; itscriticalto becoming a more equitable society. Kahlenberg claims this tactic is fairer and more appealing. William A. Darity Jr. Duke University These disparities are especially problematic given that, with an increasing share of women also being the sole breadwinners for their households, Black women carry a significant amount of the economic cost (Glynn 2019). 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. 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 second is the class rank approach. Campuses that have implemented race-neutral admissions policies in recent years have seen dramatic declines in enrollment numbers among underrepresented groups. 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. Interactive tools and videos bringing clarity to the national dialogue on economic inequality. Lawyers for some parents had sued to challenge the change in the admissions policy, which they said discriminated against Asian American students. 1: 5681. Campuses that have implemented race-neutral admissions policies in recent years have seen dramatic declines in enrollment numbers among underrepresented groups. The case could set an important precedent because it addresses facially neutral attempts at racial balancing, and because the school in question is currently over 70% Asian-American, and new . 45 0 obj endstream But the view of race consciousness as racial discrimination is deeply flawed. The premise that civil rights laws can eradicate racism within institutions founded on the doctrine of racism is not only a common fallacy, but harmful in achieving true racial equity and justice. Given the state of educational inequality in our country, solely relying on race-neutral policies does not eliminate discrimination; it reinforces it. uuid:a5890c9e-b41c-11b2-0a00-f00f3fc2ff7f In the 2016 verdict, the court found that race played only a modest role UT's "holistic" affirmative action policy. Criminal justice reform policies have been prime examples of legislation that fails to address both race and class while also reifying the inequities present at the intersection of race, class, gender, and criminality (Hankivsky and Cormier 2011). Communications and stakeholder engagement. Not initially. To access the recording, use this passcode: access2022! Readersinterested in delving deeper into the issues touched on in this chapter are encouraged to explore the following resources suggested by the author. Several state university systems have created race-neutral policies to determine which students are admitted and which are not. A vote for the plaintiffs would overturn 40 years of previous rulings that found race could be one of several factors when considering college applicants. Recent history suggests banning affirmative action will significantly reduce the number of racial minorities on campus. Coalition to Defend Affirmative Action et al. 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