What Is
Constitutional:
ü
Assigning a “plus” to the race of a candidate when it contributes
to the diversity of the class
ü
Weighing race as heavily – or even more heavily – than other
qualities if it contributes to the diversity of the class, but not
so
much as to guarantee admission
ü
Considering race after weighing several additional qualities of the
candidate, as long as the consideration of race does not guarantee
admission
ü
Striving for a flexible “critical mass” or variable goal of admitted
minorities
ü
Conducting a full comparison of the candidate’s qualities –
including his or her race – with those of other candidates
ü
Keeping and referring to the demographic composition of the
admitted class to evaluate the status of goals or critical masses
What Is
Unconstitutional:
×
Always giving a “plus” to a candidate’s race with no consideration
of how it contributes to diversity
×
Weighing race regardless of whether it contributes to the diversity
of the class
×
Basing a decision on race without any consideration or assessment of
other qualities of the candidate
×
Basing admissions decisions on attaining a predetermined, rigid
number of minorities
×
Insulating a candidate based on his or her race and making an
admissions decision without comparison to the general applicant pool
×
Relying on the demographic composition of the admitted class to
determine whether a particular student is admitted or rejected
