Affirmative Action
The University of Michigan: Admissions Policies
Arguments for Affirmative Action
Arguments Against Affirmative Action
State Action - Percentage Plans
Other State Rulings
Additional Resources
Overview
In June 2003, the U.S. Supreme Court narrowly upheld the decision to allow colleges and universities to use race as a component in their admission policies. In a five-to-four vote, the Justices ruled in favor of the University of Michigan's law school admissions policy. Sandra Day O'Connor stated that the Constitution "does not prohibit the law school's narrowly tailored use of race in admissions decisions to further a compelling interest in obtaining the educational benefits that flow from a diverse student body."
However, the point system used by the University of Michigan's undergraduate program was deemed unconstitutional in a 6-to-3 vote. The admissions policy is based on 150 points, and awards points based on items such as race (20 points), athletic ability (20 points), depth of essay (up to 3 points), leadership and service (up to 5 points) and personal achievement (up to 5 points). Chief Justice Rehnquist stated that the university had violated the Equal Protection Clause of the Constitution because of its mechanized formula determining the worth of race for admissions to a college.
The pair of rulings were regarded as the most important since the University of California vs. Bakke in 1978, in which the Court rejected racial quotas, but at the same time allowed for race to be a consideration in accepting students to college programs. Most colleges and universities follow the guidelines set forth by Bakke, stating that diversity is an integral component to a successful institution. Universities treaded lightly, however, unsure of how far race could be used in the admission's process. The Supreme Court's decisions clarified this gray area and provided definitive answers to the procedure.
Background
Affirmative action is an outcome of the civil rights movement of more than three decades ago. Its intention is to provide equal opportunities for minorities and women in such areas as education and employment. Because of the controversy surrounding its constitutionality, the policy has often been a subject of heated debate.
The lawsuits against the University of Michigan's Law School (Grutter vs. Bollinger) and undergraduate admissions program (Gratz vs. Bollinger), challenged the constitutionality of race as a factor in the admissions process. Barbara Grutter was denied admission to the Michigan law school in 1996 and Jennifer Gratz was denied a place in the university's undergraduate program in 1995. Both plaintiffs argued that their academic credentials and extracurricular activities should have awarded them a spot at the University. Instead, they claimed they were subjected to a form of reverse discrimination due to affirmative action policies. The University of Michigan stated that its admissions criteria was constitutional and fostered a racially and ethnically diverse student body.
President Bush urged the Supreme Court to discard the race-conscious program at Michigan because he believed it was a policy of disguised quotas. The U.S. Justice Department filed written briefs urging the high court to strike down the programs as unconstitutional and argued that more feasible race-neutral alternatives, such as percentage plans, were available to achieve diversity. These programs award students who graduate in the top percent of their class by providing automatic admission to one of the public universities in the state. California, Texas and Florida have replaced their affirmative action policies with their own variation of percentage plans, which respectively admit the top 4, 10 and 20 percent of a graduating class.
More than 300 organizations filed some 64 written briefs supporting the undergraduate and law school admissions policies at the University of Michigan. Harvard, Microsoft, and General Norman Schwarzkopf were among the many proponents of the program that included academics, labor unions, Fortune 500 companies, and more than 30 retired military personnel. All stated that a racially diverse, well-educated work force was essential to the success of their operations.
The University of Michigan: Admissions Policies
Undergraduate
The undergraduate admissions program at the University of Michigan used a point system to determine eligibility. Minority undergraduate applicants received a 20-point bonus on the basis of race out of a 150-point system. Scholarship athletes also received 20 points. The system gave points based on other items such as residence of applicant (up to 10 points), depth of essay (up to 3 points), leadership and service (up to 5 points) and personal achievement (up to 5 points). This is similar to the admissions procedure of the University of Georgia, which gave a slight preference in bonus points to non-white applicants. In 2001, a federal appeals court ruled unanimously that this policy was unconstitutional because the university failed to prove that having more nonwhite students on campus would lead to a more diverse student body. Admission policies using point systems are not common in higher education. Most colleges and universities use a broadly defined diversity policy to enroll students, which looks for multicultural or diverse students with strong academic backgrounds. These students tend to be heavily recruited by colleges and universities with scholarship offers, so higher education institutions can enroll a diverse student-body without the fear of lawsuits such as the cases against The University of Michigan.
The University of Michigan's Undergraduate Admissions Policy
http://www.umich.edu/~urel/admissions/faqs/uapolicy.html
Law School
The University of Michigan's Law School admissions policy is based on decisions on a different system, which uses an index or grid to determine the value of an applicant's LSAT score and GPA. LSAT scores are placed horizontally and GPA's are placed vertically. Applicants whose scores fall on the right, upper-hand portion of the grid are strong candidates for acceptance. The law school also considers letters of recommendation, past accomplishments and prestige of the university the applicant attended. The subject of race is graded based on the premise of achieving "that diversity which has the potential to enrich everyone's education." This means that each applicant is assessed on academic strength, but also on his or her ability to contribute to the educational environment of the school through experiences and background. The admissions committee strives to enroll a body of students that represent the diversity of the community.
The University of Michigan's Law School Admission's Policy
http://www.law.umich.edu/newsandinfo/lawsuit/admissionspolicy.pdf
On the whole, most states use academic standing, test scores and extracurricular activities as necessary criteria for college or university admittance, rather than a point system. However, many admission committees feel it is important to create a diverse environment for the benefit of all students. Therefore, they may look for students who have a solid academic background, but also the following:
- A variation in geographic, economic, social or cultural background;
- Unusual employment or other experience;
- Demonstrated and unusual qualities of leadership;
- Special achievement in overcoming physical handicaps or disadvantages;
- The ability to contribute the perspectives of racial or ethnic minority or other insular communities.
Arguments for Affirmative Action
- Advocates state that affirmative action is more of a process than just an admissions policy. Universities also reach out to minority groups that are underrepresented and urge students to apply by offering aid programs and provide support on campus to encourage academic success. These programs have resulted in doubling or tripling the number of minority applications to colleges or universities and help to make a university more representative of the community. Studies have indicated that after California abolished its affirmative action programs in 1998, UC Berkeley had a 61 percent drop in admissions of African American, Latino and Native American students, and UCLA had a 36 percent decline. After Texas abolished its program in 1996, Rice University's freshman class had 46 percent fewer African-Americans and 22 percent less Hispanic students. Graduates who benefited from affirmative action in the past say they have received better jobs, earned more money, and ultimately are living better lives because of the opportunity they received.
- Advocates say that diversity in higher education provides an educational advantage for all students, both personally and intellectually. Additionally, because we exist in a multicultural society in which there is an increasingly global reach of American business, the skills and training needed to succeed in business today demand exposure to widely diverse individuals, cultures, ideas and viewpoints. In order to achieve success, employees and employers must be able to work effectively with a multicultural society and obtain the talent and creativity of a work force that is as diverse as the world around it.
- Affirmative action was created to ensure fair admission practices and to rectify a long period of racial discrimination. The policy is outdated, however, and causes a form of reverse discrimination by favoring one group over another based on racial preference rather than academic achievement. Furthermore, there is concern that minority groups may be treated by their peers and professors as though their success is unearned in a higher education institution.
- Some opponents say affirmative action may be unconstitutional under the Equal Protection Clause of the Fourteenth Amendment and Title VI of the Civil Rights Act of 1964, which prohibits discrimination based on race, color or national origin by recipients of federal financial assistance.
- Most opponents believe that diversity is extremely important in a higher education institution and that some type of policy or program needs to be in place to encourage equal opportunity, especially for under-served populations and areas. Universities and colleges may be more successful if they engage in race-neutral recruitment to enlarge the pool of qualified applicants, including minority candidates.
State Action - Percentage Plans
Percentage Plans have replaced the practice of affirmative action in California, Texas and Florida. This type of program was devised as an alternative to race-conscious admissions polices in higher education. Students who graduate in the top percent of their high school are automatically guaranteed admission to a public college or university in their state.
In 1997, legislators in Texas responded to the ruling of Hopwood vs. the State of Texas by passing House Bill 588 requiring the state university system to accept all applicants who finish in the top 10 percent of public and independent Texas high schools. This includes The University of Texas and the Texas A&M system, as well as the two flagships, UT - Austin and A&M College Station. This program does not take into account a student's SAT or ACT scores. For students not falling within the top ten percent, the new law spells out 18 academic and socioeconomic criteria that each general academic teaching institution can consider when making admissions decisions. Of these 18, just two mention standardized test score results, and one of those calls for consideration of an applicant's performance on standardized tests in comparison with that of other students from similar socioeconomic backgrounds.
In California, the top 4 percent plan was passed in March of 1999. This plan guarantees that students who graduate in the top four percent of their high school will be admitted to any state college in California. This plan uses only a student's class rank in high school for admission and does not consider ACT or SAT scores.
In 2000, Governor Jeb Bush signed an executive order entitled "One Florida," ending the practice of affirmative action. It was replaced with the "Talented 20 Program," which guarantees all high school students who finish in the top 20 percent of their class acceptance to any of Florida's 10 public colleges and universities. The program also allocates an additional $20 million for need-based student financial aid. Finally, it increases the number of advanced placement and college preparation classes in low-performing schools, mandates that the preliminary SAT be made available to all 10th graders, and creates a task force to study inequities between wealthy and poor K-12 schools.
Percent Plans in College Admissions: A Comparative Analysis of Three States' Experiences
http://www.civilrightsproject.harvard.edu/research/affirmativeaction/tristate.php
Advocates of Percentage Plans Say:
- Advocates state that percentage plans generate increased opportunity and diversity without pitting one race against another. The top students from each high school are chosen based on their academic standing rather than using race as a consideration. This ensures that all top students are guaranteed admission to a college or university in all areas of the state. Governor Jeb Bush announced that in the year 2000, the new policy provided a 12 percent increase in the number of minority freshmen enrolled in Florida state colleges and universities from the previous year.
- This program provides students with an alternate means of getting into a college or university. Additionally, advocates say that it gives students attending low-performing schools an incentive to prepare themselves for college by examining and altering the types of courses they take in order to become eligible. They say that this will increase the pool of qualified candidates and, ultimately, increase the number of minority college graduates.
- High school graduates have a two-year admission guarantee to their state university. If they chose not to enter a state college or university immediately after graduation, they still have that option two years later.
- In Florida, the percentage plan is subsidized with $20 million in need-based financial aid. Further guidance is provided to prepare low-income students to take standardized tests and pay for college. Advocates believe these additional measures will support the goals of the state to increase diversity of the public university system and provide access for underrepresented populations.
Opponents of Percentage Plans Say:
- The percentage plan guarantees the top students a place in a public university or college. However, critics contend that its success is reliant on another form of race-conscious action because the program targets racially segregated high schools. The program is not a new method of admitting students to colleges, but returns to the same technique used before affirmative action, admitting students based solely on their grades and class rank.
- Each state has a very different public university system, both in terms of governance, and academic standing, which may make this type of program difficult to enact.
- Percentage plans only apply to high school graduates who plan on attending a state college or university. However, a plan does not exist for students who are applying to a private, professional or graduate school. Opponents fear this will deter students from applying to these institutions or continuing their education past a bachelor's degree. Additionally, a program is not in place addressing out-of-state applicants.
- The Talented 20 Program in Florida does not necessarily guarantee a student admission to the two most selective state institutions: the University of Florida and Florida State University. Students must still apply to all three public universities and pay the admission fees to determine where they are eligible. The institutions are not required to admit them just because they are part of the percentage plan. These applicants receive acceptance and/or rejection letters based on their academic performance and then chose where they wish to attend. However, a centralized mechanism is not in place to track and monitor the students who are accepted or rejected to the universities via the percentage plan. Opponents claim that there is still a chance that a student will not be accepted to any of these universities. This lack of formal process gives students and counselors little guidance on how to ensure that students can exercise their admissions guarantees or receive priority with regard to financial aid.
Other State Rulings
In July 1995, the University of California regents passed resolution SP-1, a policy eliminating consideration of race, ethnicity and gender in admission. A 14-10 vote by the regents helped to rewrite the University of California's polices. The new admission criteria allows for three different criteria for eligibility:
- Superior academic performance in a statewide context
- Superior performance on examinations alone
- Superior academic performance in a local context
In 1998, Washington voters approved Initiative 200, which prohibits state and local agencies from discriminating against or granting preferential treatment to any individual or group on the basis of race, sex, color or ethnicity or national origin in public education, public employment or public contracting. However, the measure does not define the term preferential treatment and does not specify how continued implementation of existing laws would be affected.
Grutter vs. Bollinger Supreme Court Decision
http://www.supremecourtus.gov/opinions/02pdf/02-241.pdf
Gratz vs. Bollinger Supreme Court Decision
http://www.supremecourtus.gov/opinions/02pdf/02-516.pdf
Audio of Supreme Court Oral Arguments
http://www.npr.org/news/specials/michigan/index.html
FindLaw
Full text of Grutter vs. Bollinger
http://news.findlaw.com/nytimes/docs/grutter/grutterum11603brf.pdf
FindLaw
Full text of Graz vs. Bollinger
http://news.findlaw.com/nytimes/docs/gratz/gratzum11603brf.pdf
Summary Of Cases Involving Affirmative Action and Higher Education
http://www.umich.edu/~urel/admissions/faqs/recent.html
The History of Affirmative Action
http://www.inmotionmagazine.com/aahist.html
Recent Articles
Stateline.org
States Split on Ways to Diversify Colleges
"Whether race should be considered in college admissions is likely to be a hot-button state issue this year in the wake of a 2003 U.S. Supreme Court ruling that sanctioned affirmative action, with limits." http://www.stateline.org/stateline/?pa=story&sa=showStoryInfo&id=347926
The New York Times
Supreme Court Splits on Diversity Efforts at University of Michigan
"In its most important statements on affirmative action in a quarter-century, the Supreme Court narrowly upheld the admissions policy of the University of Michigan law school today, finding that minority applicants may be given an edge, but struck down the part of the university's undergraduate-admissions system that relies on a point system."
http://www.nytimes.com/2003/06/23/politics/23WIRE-COURT.html
Washington Post
In Split Decision, Court Backs Affirmative Action
"In two split decisions, the Supreme Court on Monday ruled that minority applicants may be given an edge when applying for admissions to universities, but limited how much a factor race can play in the selection of students."
http://www.washingtonpost.com/wp-dyn/articles/A22477-2003Jun23.html?nav=hptop_tb
CNN
Court Rejects Quotas, But Says Race may Play a Factor in Admissions
"In separate decisions the Supreme Court on Monday ruled that minority applicants may be given an edge when applying for admissions to universities, but limited how much a factor race can play in the selection of students."
http://www.cnn.com/2003/LAW/06/23/scotus.affirmative.action/index.html
Fox News
High Court has Split Decision on Affirmative Action
"The U.S. Supreme Court on Monday upheld a controversial affirmative action policy employed at the University of Michigan's law school, but struck down a plan used by the undergraduate school that gave certain racial groups a head start in admissions."
http://www.foxnews.com/story/0,2933,90159,00.html
Fox News
Princeton to End Minority Program
"Princeton University will stop offering a summer enrichment program for minority students because of concerns that it could be targeted in an affirmative action lawsuit."
http://www.foxnews.com/story/0,2933,77886,00.html
The Christian Science Monitor
The Georgia Students on this Recruiter's Mind
"Colleges try new ways to recruit minorities as high court takes up issue of race-sensitive admissions."
http://www.csmonitor.com/2002/1213/p03s01-usju.html
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