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Colleges, Universities Plan for Possible Assault on Affirmative Action

The flurry of public denouncements came quick. Some were bold and defiant.

Just as the announcement that the Trump administration was implementing an immigration ban drew the ire of administrators at colleges and universities across the nation, so too, did a media report that the Department of Justice was looking to go after universities that employ affirmative action in their admission processes.

In the days since The New York Times reported the story, colleges and universities—small and large—have been vocal in condemning any attacks on the more than five-decade policy aimed at leveling the racial playing field in higher education.

“Despite higher college enrollment rates overall, we see large gaps in the rates at which students from minority backgrounds enroll,” Dr. Gregory J. Vincent, president of Hobart and William Colleges wrote in a letter to his college community. “Despite Brown v. Board of Education and Title IV of the 1964 Civil Rights Act, we see students from minority backgrounds underrepresented in elite institutions of higher education. Until the problem of discrimination is no longer systemic, we will need systemic mechanisms—like affirmative action and holistic admission policies—to ensure that our friends and neighbors most vulnerable to discrimination are afforded the respect, dignity, support and equal opportunity to pursue an education.”

Vincent, who was vice president for diversity and community engagement at the University of Texas at Austin before his appointment to Hobart and William Colleges, played a central role in the 2015 U.S. Supreme Court case Fisher v. University of Texas, ultimately helping to secure a victory for affirmative action proponents.

To be fair, the DOJ issued a statement denying the allegations in a press statement.

“Press reports regarding the personnel posting in the Civil Rights Division have been inaccurate. The posting sought volunteers to investigate one administrative complaint filed by a coalition of 64 Asian-American associations in May 2015 that the prior Administration left unresolved. The complaint alleges racial discrimination against Asian Americans in a university’s admissions policy and practices. This Department of Justice has not received or issued any directive, memorandum, initiative, or policy related to university admissions in general. The Department of Justice is committed to protecting all Americans from all forms of illegal race-based discrimination.”

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