A letter issued by the U.S. Department of Education’s Office for Civil Rights regarding affirmative action has recently been met with protest by the NAACP Legal Defense Fund.
The OCR’s letter, released Aug. 28, 2008, states that higher education institutions may not consider race in college admissions unless it is “essential” to their “mission and stated goals.” If affirmative action is used, universities must justify the use to the OCR, which will apply “strict scrutiny” to admissions policies related to race.
According to the letter, OCR’s policy is that racial classification in admissions, specifically the use of quotas, is “impermissible”, citing the Supreme Court’s most recent decision on affirmative action, Grutter v. Bollinger (2003). Instead, universities may have general goals for a critical mass of students, said Anurima Bhargava, NAACP Legal Defense Fund assistant counsel.
In response to the letter, Bhargava said OCR was misinterpreting the Supreme Court’s decision by thinking the court is insinuating that the use of race in admissions should be a last resort.
“The Supreme Court is saying that institutions should give consideration to other alternatives, but that doesn’t take race off the table,” Bhargava said, noting that the court found diversity is a “compelling interest” of national importance that universities should prioritize.
Greg Roberts, University senior associate dean of admissions, echoed this statement, saying that the University practices affirmative action because it believes strongly in having a diverse student body. Roberts added, however, that this does not mean giving students points based on factors such as race, which the Supreme Court decision ruled out, but rather a committee format where applications are discussed among committee members, taking into consideration factors such as whether applicants are first-generation college students or international students whose second language is English.
“It’s not a formula or equation,” Roberts said. “It’s a holistic review considering all aspects of applications.”
Bhargava said the Legal Defense Fund’s main concern about the OCR letter is that “it hints at prohibition” by mandating justification of any race classification policies, making an already sensitive and difficult process even more complicated.
“What OCR is trying to do is create a chilling, intimidating effect on efforts to promote diversity,” Bhargava said.
OCR spokesperson Jim Bradshaw would not comment except to say that the letter should “speak for itself” and that it simply “represents our current thinking on the topic.” Bhargava emphasized the importance of diversity in colleges and universities, whether it is through affirmative action or other race neutral alternatives. which attempt to bring diversity into the student body without considering race.
“We want colleges and universities to have every tool that is legally permissible at their disposal to try and promote diversity in schools,” she said. “At a time when the high school graduation rate of students of color in many of our larger cities is 50% or less ... it is imperative that we do whatever we can to make sure that we don’t close doors to students who want to and are more than qualified to be able to succeed in higher education today.”
University Admissions Dean John Blackburn stated in an e-mail that the OCR’s letter serves as a reminder that admissions officers may not be able to consider race and ethnicity in admissions decisions forever.
“Justice O’Connor said in her summary that we may not need to use race and ethnicity after about 25 years,” Blackburn said. “There is great debate about the timing, but for now, her opinion determines much of our policy.”
Blackburn also noted that a policy based on racial diversity alone “cannot stand.”
“Our policy [at the University] is based on many forms of diversity,” Blackburn stated, “including socioeconomic.”
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