Affirmative Action Challenge and Supreme Court Guidance

Supreme Court Cases: Students for Fair Admissions (SFFA) v. Harvard and UNC

America’s higher education institutions have long recognized and cultivated the educational benefits of diversity. AACRAO believes holistic admissions practices are instrumental in helping institutions to identify students who are likely to thrive in their educational programs.

We will continue our efforts in support of equitable access to education. Our meetings, workshops, and digital platforms will continue to have space for institutions to work towards confronting implicit bias and addressing systemic inequities. We will provide support to institutions as they reframe their admissions plans in light of this legislation, while ensuring that the successes of minoritized students are not set back. And we will work to ensure that data-informed processes are built to develop and improve student support and programming.

Read our statement on the rulings to learn more.

Webinars

The Supreme Court Speaks: Understanding the Implications of Race-Conscious Admission Decision

3:00-4:30 PM ET | JULY 19, 2023

AACRAO, NACAC, NASFAA have joined together to present a webinar on the SFFA v Harvard and UNC cases. This webinar will provide attendees with a streamlined, practical analysis of two recent U.S. Supreme Court cases challenging race-conscious admission policies: Students for Fair Admissions (SFFA) v. Harvard and SFFA v. UNC.

Looking Back, Planning Ahead

On February 2, 2023, AACRAO hosted a webinar that examines the pending U.S. Supreme cases where the central question is whether colleges and universities can continue to consider an applicant’s race and ethnicity as part of the holistic review process in admissions.

View Recording

AACRAO Process Examination Guidelines

AACRAO encourages members to begin to examine any admissions or recruitment practices that target populations of a specific race as well as their overall holistic/equity admissions practices.

To assist in this process, AACRAO is providing this guidance document to prepare our members for a possible major change in their ability to consider an applicant’s race and ethnicity as part of a holistic/equity review in admissions.

REVIEW GUIDANCE

Updates

White House Hosts Summit on Equal Opportunity in Higher Ed

Jul 26, 2023, 16:52 PM

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Summary : Leaders gathered to discuss strategies and resources for colleges and students to expand access to higher ed in the wake of the recent Supreme Court ruling on admissions.

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The White House on Wednesday hosted a one-day National Summit on Equal Opportunity in Higher Education to discuss innovative strategies and resources for colleges and students to expand access to higher education in the wake of the recent Supreme Court ruling on race in admissions. Attendees included national educational institutions and leaders, advocates, student leaders, college and university administrators, researchers, and state, local, and Tribal leaders.

During the summit, key Biden administration civil rights officials advised higher education leaders not to be intimidated by groups threatening admissions practices and encouraged them to pursue "lawful" avenues for admitting diverse classes, Politico reported.

Assistant Education Secretary for Civil Rights Catherine Lhamon addressed concerns about third-party groups sending notifications to schools about what they believe the law requires, stating that colleges will hear directly from the Departments of Education or Justice, if necessary. The remarks seemed to be a response to a letter from Students for Fair Admissions (SFFA) President Edward Blum to 150 colleges, instructing them on steps to avoid breaking the law in their admissions practices, according to Politico. The letter suggested eliminating race-related data and guidance on underrepresented racial groups.

Lhamon and Assistant Attorney General for Civil Rights Kristen Clarke acknowledged that the Supreme Court's decision to limit race-conscious admissions significantly impacted colleges' ability to admit diverse student classes. However, they emphasized that the court did not rule that working towards diversity is unlawful or question the value of a diverse student body.

President Biden has tasked Lhamon and Clarke to develop guidance for colleges to avoid unlawful admissions practices in light of the court's ruling, reported Politico. The officials highlighted the consideration of an applicant's discussion of how race affected their life, through discrimination or inspiration, as a lawful avenue for promoting diversity.

"Students of color do not have to ignore their lived experiences, and neither do colleges and universities when considering their applications," Clarke said. Colleges "remain free to consider any characteristic of a student that bears on the institution's admissions decision, such as courage or determination, even if the student's application tied that characteristic to his or her lived experience with race."

Lhamon and Clarke said their departments would release guidance on complying with the court's decision in August, The Chronicle of Higher Education reported.

They also addressed complaints that the department received about other institutional admissions practices, including the investigation into Harvard University's use of legacy preferences as an admissions factor. Both Lhamon and Clarke emphasized that institutions should re-examine admissions policies to ensure they are based on individual merit and do not create barriers based on protected characteristics, including race, Politico reported.