Catherine Lhamon, assistant secretary in the U.S. Education Department's Office for Civil Rights, spoke at an event on Tuesday hosted by The Center for American Progress. Her message was clear: despite the Supreme Cour's decision to strike down race-conscious admissions practices, American higher education institutions can still recruit and retain diverse student bodies, reported Inside Higher Ed.
"There are a lot of ways to admit, support and graduate students that are separate and apart from the admissions practice that was in front of the court," said Lhamon, "we have not been told that it's unlawful to engage in other practices."
For example, colleges and universities can still take into account how an applicant's race may have affected their individual experience. Additionally, the Supreme Court's decision also allows institutions to collect student demographic data, but information related to an applicant's race cannot influence admissions decisions. The options that remain available to colleges "offer up a very wide-open field for the coalition of the willing," Lhamon said, "and I hope that coalition is wide."
Despite encouragement from figures like Lhamon, there still remains a great deal of confusion and subsequent hesitancy over what exactly the Supreme Court's decision means, reported Inside Higher Ed. For instance, immediately following the decision, the Missouri attorney general instructed state universities to drop scholarships for minority students. However, the Office of Civil Rights has made it clear that the court's ruling does not apply to financial aid or scholarships. Similarly, some conservative legal activists have argued that the decision bans school-sponsored student groups or programs that focus on race. In response, the Office of Civil Rights released guidance that these groups do not violate federal law as long as they are open to all students. Lhamon commented the following:
"There's so much public conversation now about whether [diversity, equity and inclusion] activities are lawful and whether they're even good policy goals," Lhamon stated. "I really want school communities to hear from me an emphatic yes. Federal law does not categorically bar those kinds of activities, and there are circumstances under which it's actually required."
Related Links
Inside Higher Ed
https://www.insidehighered.com/news/government/2023/08/30/lhamon-clarifies-scope-supreme-courts-affirmative-action-ruling
U.S. Department of Education Press Release
https://www.ed.gov/news/press-releases/advance-diversity-and-opportunity-higher-education-justice-and-education-departments-release-resources-advance-diversity-and-opportunity-higher-education