Cheryl DePaolo

EDLD 8431 01F

Commentary
Diversity in higher education serves multiple purposes. Diversity on the college campus
allows for students to experience different ideas, customs, and lifestyles. It also offers students
from all backgrounds the opportunity to come together and share knowledge. Diversity on the
college campus has not always been the norm. The prevalent student body in colonial colleges
consisted of privileged young men. (Thelin, 2004, 2011, p. 24) Racial exclusion in higher
education was a national rather than a regional phenomenon. (Thelin, 2004, 2011, p. 233) After
the Civil War and the separate but equal segregation failing, integration was instituted. Two
important measures have affected diversity on college campuses.
One of these measures is Title VI of the Civil Rights Act of 1964 which prohibits
discrimination on the basis of race, color, or national origin in programs and activities receiving
federal financial assistance. (The United States Department of Justice, 2013) Under Title VI of
the Civil Rights Act, the Secretary of Health, Education, and Welfare (HEW) could either
institute administrative proceedings against a college to terminate assistance or refer the case to
the United States Attorney General to bring civil action. (Alexander, 2011, p. 435)
The other measure is the Equal Protection Clause of the Fourteenth Amendment.
According to Alexander and Alexander, the Equal Protection provision of the Fourteenth
Amendment makes it unlawful for public universities to discriminate on account of race. (p.
451)

The landmark case that became the precedent for the Supreme Court was Regents of the
University of California v. Bakke in the early 1970s. A white male applicant, Bakke, was
rejected by the medical school of the University of California, Davis. He filed suit against the
University for violating the Equal Protection Clause, as other minority applicants were accepted
under a special admissions policy that allowed them acceptance with lower GPAs and test
scores. The US Supreme Court found for Bakke and he was admitted to the medical school. The
important outcome of this case was that race and ethnic background may be used as selection
criteria in an admissions program so long as they are considered a plus, among other
characteristics and qualification, and they are not used to insulate so as to foreclose another
applicant from admission because he or she is not of the designated race or ethnic background.
(Alexander, 2011, p. 440)
In 1992, a white female named Cheryl Hopwood applied to the University of Texas Law
School. She was denied admission even though her grades and test scores were higher than
some of the minority applicants. (Sandel) She, along with a number of other white candidates
sued the school in 1996 under the Equal Protection Clause of the Fourteenth Amendment. The
decision in this case was that the University of Texas could not use race as a factor in deciding
which students to admit. The Court of Appeals, Fifth Circuit, struck down the law schools
affirmative action admissions program. (Alexander, 2011, p. 440)
Another case that was successful in the Supreme Court was Grutter v. Bollinger in 2003.
Barbara Grutter, a white female, applied to the University of Michigan Law School in 1996. She
was placed on a waiting list. She was subsequently rejected. She filed suit alleging that the
Law School uses race as a predominant factor, giving applicants who belong to certain
minority groups a significantly greater chance of admission than students with similar credentials

from disfavored racial groups. (Alexander, 2011, p. 444) The Supreme Court ruled in favor of
the University, acknowledging the belief that race-conscious admissions policies must be
limited in time. (Alexander, 2011, p. 447)
Interestingly, that same year another case was brought before the Supreme Court.
Jennifer Gratz and Patrick Hamacher, both Caucasian, applied to the University of Michigans
College of Literature, Science, and Arts. Both of these students were put on a waiting list and
subsequently denied admission. The Office of Undergraduate Admissions (OUA) considered a
number of factors in making admissions decisions, such as standardized test scores, curriculum
strength, alumni, leadership, as well as race. (Alexander, 2011, pp. 448-449) The petitioners
argued that the Universitys use of race in undergraduate admissions violated the Fourteenth
Amendment. (Alexander, 2011, p. 450) The Court concluded that the undergraduate admissions
policy did, in fact, violate the Equal Protection Clause of the Fourteenth Amendment, as well as
Title VI of the Civil Rights Act of 1964. (Alexander, 2011, p. 451)
In 2006, the state of Michigan voted to amend the State Constitution to prohibit
discrimination of preferential treatment in public education, government contracting, and public
employment. (Liptak, 2013) The measure, known as Proposal 2, is currently being debated in
Washington.
The University of Texas used race as a factor in their admissions policies until 1996. The
university then instituted a new plan to diversify its student body by granting automatic
acceptance to any in-State high school student who graduated in the top 10 percent of his or her
class. (DIVERSITY IN COLLEGE ADMISSIONS Equal Rights and Race in Higher Education,
2012) In 2004, they subsequently added race as a consideration in the applications of nonautomatic qualifiers-to be weighed alongside such other factors as test scores, essays, grades,

awards, and work experience, (DIVERSITY IN COLLEGE ADMISSIONS Equal Rights and
Race in Higher Education, 2012)
There is no doubt that diversity on the college campus offers educational and social
benefits to the students. The issue at hand is how to go about obtaining diversity without causing
reverse discrimination. It seems that one way would be to simply review standardized test
scores, GPAs, and curriculum strength. In order to be fair to all applicants, one can simply look
at the numbers. University officials can visit high schools with a diverse student base, and can
show them the opportunities that can be afforded to them with hard work and determination.
High School guidance counselors can play a part in this, as well, with regards to offering advice,
and directing the student to the appropriate sources for assistance in test preparation, or tutoring.
There are qualified applicants from all races. Perhaps it is time that we move forward and realize
that all applicants should be afforded an equal right to an education, without preferential
treatment.

References

Alexander, K. W. (2011). Higher Education Law: Policy and Perspectives. New York:
Routledge.
DIVERSITY IN COLLEGE ADMISSIONS Equal Rights and Race in Higher Education. (2012).
Supreme Court Debates , 15 (8), 2-3.
Liptak, A. (2013, October 15). Justices Weigh Michigan Law and Race in College Admissions.
New York Times , p. A16.
Sandel, M. (n.d.). Harvard University's Justice. Retrieved November 2, 2013, from Justice
Harvard: http://www.justiceharvard.org/resources/hopwood-v-state-1996/
The United States Department of Justice. (2013, October 31). Retrieved November 2, 2013, from
justice.gov: http://www.justice.gov/crt/about/cor/coord/titlevi.php
Thelin, J. R. (2004, 2011). A History of American Higher Education. Baltimore: The Johns
Hopkins University Press.