New Materials Available!
Access and Diversity Collaborative Session at the HE Colloquium on The Playbook: Using Race Neutral Strategies Effectively, No Matter What League You’re In, January 12, 2015.
To secure your copy of the presentation from the Colloquium please contact Brad Quin at email@example.com.
Access and Diversity Collaborative Webinar on Evaluating Race-Neutral Strategies in Support of Your Institution's Diversity Goals, January 26, 2015.
If you’d like to view the Webcast and presentation from the webinar, click here for access:
Copies of the Playbook can be secured from the Downloads section of this page.
Appeals Court Upholds the University of Texas at Austin’s Use of Race and Ethnicity in Admission, Again!
On November 12, by a vote of 10–5, the full Fifth Circuit refused to hear the appeal of the three-judge panel decision on Fisher v. University of Texas at Austin that upheld the University of Texas’s race-conscious admission policy as constitutional. That ruling has set the stage for a potential decision on the merits of the case by the U.S. Supreme Court, which ruled in 2013 on key legal issues while declining at that time to render a judgment on the merits of the UT admission policy.
The attorneys for plaintiff Abigail Fisher have indicated that they will ask the Supreme Court to hear the case by filing a petition for certiorari, which is due within 90 days of the Fifth Circuit’s denial of rehearing. (The response from UT will be due 30 days after Fisher’s lawyers file the petition.)
If certiorari is denied, the decision of the Fifth Circuit three-judge panel affirming the lawfulness of UT’s policy will stand. In the event that certiorari is granted, it is possible that the court could hear the case this term (by June 30, 2015), but that is far from certain. The court does not have a formal rule about how long it can take to decide to grant certiorari, meaning that it may not make a decision on whether to rehear the case until weeks or months after the petition is filed.
Read the Access and Diversity Collaborative’s case analysis of the previous Fifth Circuit decision of July 15, 2014.
Direct New Challenges to Bakke Ruling: Harvard and UNC Chapel Hill Sued by Fisher Supporter
Two lawsuits were filed on November 17, 2014, in the Third and Fourth Circuit Courts against Harvard University and the University of North Carolina at Chapel Hill, respectively. The lawsuits are designed to initiate the same process of judicial review of the use of race and ethnicity in college admission that was the central issue in Fisher v. University of Texas at Austin.
Both lawsuits were filed by an organization created by Edward Blum, who instigated the case against the University of Texas in Fisher. Students for Fair Admissions is the plaintiff, but each case references an anonymous applicant to each institution. The cases are focused on the findings of the Bakke case of 1978, which set the stage for limited use of race and ethnicity in college admission and demands the outright probation of “racial preferences” in college admission.
The Access & Diversity collaborative is monitoring the evolution of these lawsuits and will provide additional analysis as the cases evolve.
Join the Access & Diversity Collaborative: Policy Leadership and Institutional Support for the “Second Decade”
We are about to publish the new list of the Access & Diversity Collaborative 2.0 sponsoring institutions and organizations, and we would like to include you.
It is not too late to join, and we welcome your participation in the group that will help us set the agenda for the future work of the Collaborative. While the Court did not upset the applecart with respect to current law, it did send signals that the next case will be treated very differently in their eyes. Now is NOT the time to be complacent on the issue of the proper use of race and ethnicity in college admissions decisions. The Collaborative will continue to lead and guide programmatic and policy responses to these and other related issues of access and diversity. Join the group and lend your voice to the discussion.