These aim to assist colleges and universities in understanding and implementing measures to promote diversity within the legal boundaries following the U.S. Supreme Court’s ruling on race-based admissions at Harvard College and University of North Carolina.
The U.S. Department of Education’s Office for Civil Rights and the U.S. Department of Justice’s Civil Rights Division have jointly released resources that aim to provide colleges and universities with clarity on navigating the U.S. Supreme Court’s ruling on affirmative action.
In a press release, the government said that the Supreme Court’s ruling in June found that the consideration of race in admissions practices at Harvard College and the University of North Carolina violated the Equal Protection Clause of the 14th Amendment and Title VI of the Civil Rights Act of 1964.
These laws prohibit discrimination based on race, color, or national origin in programs receiving federal financial assistance, including institutions of higher education.
Education Secretary Miguel Cardona emphasized the importance of campus communities reflecting the diversity of the country.
“For higher education to be an engine for equal opportunity, upward mobility, and global competitiveness, we need campus communities that reflect the beautiful diversity of our country,” he said.
Attorney General Merrick Garland also emphasized the significance of providing access to higher education for students from various backgrounds, calling it a powerful tool to prepare graduates to lead a diverse nation.
In response to the Supreme Court’s decision, the Biden-Harris Administration called on educational institutions to expand access to educational opportunities and build diverse student bodies, recognizing and valuing students who have overcome adversity.
It said that the administration remains committed to promoting diversity in higher education while adhering to the law.
To assist colleges and universities in pursuing racially diverse campuses, the departments released a “Dear Colleague Letter” and a questions-and-answers resource. These resources clarify the Court’s decision and provide examples of lawful steps institutions can take to achieve diversity, such as targeted outreach, recruitment programs, evaluation of admission policies, and retention strategies.
Assistant Secretary for Civil Rights at ED, Catherine Lhamon, noted that colleges and universities can still lawfully work to admit and support racially diverse student bodies, despite the Court’s limitations on certain practices.
Moreover, Assistant Attorney General for Civil Rights Kristen Clarke stressed the importance of equitable educational opportunities for all students and the consideration of racial and social identities in university admissions.
The questions-and-answers resource offers insight into how colleges and universities can achieve diversity across various factors, including race and ethnicity, through legitimate means.
Last month, the department hosted the National Summit on Equal Opportunity in Higher Education, bringing together stakeholders to discuss innovative strategies.
In September, it will release a report highlighting promising practices, including considering measures of adversity in the admissions process, such as financial means, background, and personal experiences of hardship or discrimination.
