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Seven Secrets to Successful Compliance with Grutter

 

from Blend It, Don't End It: Mexican American Legal Defense and Educational Fund (MALDEF) in partnership with Americans for a Fair Chance, a project of the Leadership Conference on Civil Rights Education Fund, Equal Justice Society, Society of American Law Teachers

 

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A step-by-step guide developing a "narrowly tailored" admissions policy in a constitutionally permissible way

from Preserving Diversity in Higher Education: A Manual on Admissions Policies and Procedures After the University of Michigan Decisions, Bingham McCutchen LLP, Morrison & Foerster LLP, and Heller Ehrman White & McAuliffe LLP (2004) (hereinafter the “Diversity Manual”)

What to Do

1.  Formalize an admissions policy statement

  • tied to institution's general mission statement
  • developed and approved by senior policy-making body
  • explicitly state the role of diversity in admissions process

2.  Evaluate race-neutral alternatives: Percentage Plans

  • effects may be attributable to other factors, such as recruitment and scholarship programs focused on minority candidates
  • minority students may be admitted into the public school system, but continue to be underrepresented at the flagship universities within the system
  • overly mechanical
  • not workable in graduate and professional schools, as well as other contexts

3.  Develop a diversity-focused admissions plan

·         Flexibility:

o        Evaluate test scores and grades in context, not in an overly formulaic way.

·          Mathematical formulas should never be used. 

o        Applications should be reviewed in an individualized way.

·         Take many factors, including race, into consideration.

·         Plus Factors

o        Tangible: race, ethnicity, gender, socioeconomic, residency

o        Intangible: leadership skills, musical abilities

o        No particular factor can dominate the decision

o        Use discretion in evaluating plus factors

 

What to Avoid

 

×     Avoid rigidity.

   o        Discretion can be used 

·         Applicants who possess the same diversity factor do not have to be given the same weight

 

×         Avoid mechanical formulas

o        Do not use programs that automatically assign a given number of points based on race.

 

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