Colleges and universities committed to using race as one of many considerations in creating a diverse student body are likely to be a lot more concerned about the risks now that the White House has announced a rollback of guidelines issued by the prior administration.
That’s the prediction of some education experts as institutions continue to react to the announcement Tuesday that the Trump administration is rescinding policy guidelines issued under the Obama administration that were intended to help schools understand how to promote diversity while complying with the most Supreme Court rulings regarding affirmative action.
“The signal that it sends to colleges and universities is to be afraid to do what’s right in your admissions policies, or we may come for you or make it difficult by scrutinizing you,” said Maya Wiley, Henry Cohen Professor of Public and Urban Policy and Senior Vice President for Social Justice at The New School. “It tells schools to be afraid of creating diverse and therefore high academically performing environments in college for students.”
And that, she said, creates a chilling effect on diversity efforts in the admissions process.
“Colleges and universities are risk-averse,” Wiley said. “They want to protect institutional integrity. They care about their status with the government for compliance and many other reasons. So they want clarity and guidance. There’s legitimate confusion and a desire to have some clarity and make sound judgments. I hope schools fight tooth and nail for diversity as part of their mission to do what’s most effective for students, and most effective for our country.”
Frank Wu, a Distinguished Professor at the University of California Hastings College of the Law, shared Wiley’s concern.
“Institutions have to assess risk and decide how aggressive they want to be on the one hand, and also how much or little diversity they are willing to accept on the other hand. So, some decision-makers, whether it’s the provost or the president or the board, might decide that even if the Supreme Court allows affirmative action, they won’t pursue affirmative action. That’s why the federal guidance is so important. Because it helps the institutions that might be wondering ‘How aggressive can we be? And what will cause the federal government to sue us or not sue us?’”
