Fisher v. University of Texas at Austin is the latest Supreme Court case to deal with college admissions and student-body diversity. Commenting on the case in the Journal of Diversity in Higher Education, Jonathan R. Alger (2013) (PDF, 63KB) explains that in Fisher, the Supreme Court reinforces existing precedents and offers further instruction in applying them.
For years, the key point in admissions/diversity cases has been the academic judgment that student-body diversity is a compelling interest because of its educational value for all students. The Court in Fisher holds that this academic judgment deserves some, but not total, judicial deference as long as there is a reasonable explanation underlying it.
To ensure that any consideration of race is necessary and justifiable, courts must strictly scrutinize on a case-by-case basis how an institution goes about achieving diversity. If a reviewing court finds that a workable race-neutral alternative exists, that alternative must be preferred to a measure that considers race as a factor.
So, educational institutions face a burden of proving that they have seriously considered all possible race-neutral alternatives before choosing a policy that makes race a factor in admissions decisions. How should they go about this?
Alger recommends the following:
- Colleges and universities should document their good-faith consideration of race-neutral alternatives any time they enact a program or policy in which race is a factor.
- They should look at race-neutral alternatives being used elsewhere to see whether they would be a good fit for their own academic context and mission.
The Supreme Court expects these steps to be undertaken regularly and periodically, to take into account changing circumstances and demographics.
Alger further recommends that institutions of higher learning think of themselves not in isolation but as part of an educational continuum. By doing so, they can cooperate and collaborate with preschools, kindergartens, and elementary, junior high, and high schools to increase educational opportunities at every level.
Innovative partnerships involving mentorship, tutoring, academic and social support, and financial aid can benefit students and schools at all stages of education.
Citation:
Alger, J. R. (2013). A supreme challenge: Achieving the educational and societal benefits of diversity after the Supreme Court's Fisher decision. Journal of Diversity in Higher Education, 6, 147–154. doi: 10.1037/a0034355
Note: This article is in the Educational Psychology, School Psychology & Training topic area. View more articles in the Educational Psychology, School Psychology & Training topic area.