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Related Articles: 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
2. Evaluate race-neutral alternatives: Percentage Plans
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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| Lawyering in the Digital Age Clinic-Cristina Quintero & Jeffrey Penn | All Rights Reserved [2007] |