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U.Va. maintains affirmative action policy

Supreme Court decision defends the use of race as a factor in college admissions

<p>The Supreme Court's opinion defended the use of race as a factor in admissions.&nbsp;</p>

The Supreme Court's opinion defended the use of race as a factor in admissions. 

Last Thursday, University President Teresa A. Sullivan distributed a message to the University community stating that the University would continue to use affirmative action in its selection process in accordance with a recent Supreme Court ruling.

The decision, Fisher v. University of Texas, defended universities’ right to use race as an admissions factor in order to promote a diverse student population.

In a 4-to-3 ruling on Jun. 23, Justices in the majority opinion claimed courts must grant universities a substantial amount of leverage in designing their admissions programs.

University Law Prof. Kim Forde-Mazrui said the Supreme Court applied strict scrutiny, involving a demanding test, to determine whether affirmative action is legal.

Two conditions are involved in assessing the legality of considering race and ethnicity in admissions: a university must have a compelling reason to use race as a factor, and the use of race must be necessary to achieve that goal.

The Supreme Court has in prior cases decided that diversity in a college setting is a compelling goal, Forde-Mazrui said.

“The educational benefits for the student include a diversity of ideas and viewpoints that enhance learning, and they also include benefits of a racial kind, namely, fostering cross-racial understanding,” Forde-Mazrui said. “The Court has also recognized benefits after students graduate, which include improving the functioning of institutions in society, such as corporations, legislatures and the military.

Promoting racial diversity at institutions like state universities creates a sense of legitimacy and openness, Forde-Mazrui said.

The recent case has been ongoing for eight years, and the Supreme Court’s decision in June to uphold affirmative action was surprising in consideration of Justice Kennedy’s prior opposing stance, Forde-Mazrui said.

The Supreme Court still does not permit affirmative action when for the purpose of correcting for the effects of past discrimination that has made minorities face greater educational disadvantages, Forde-Mazrui said.

“Diversity is very important, but rectifying racial injustice is a moral imperative,” Forde-Mazrui said.

President Sullivan’s message to the University defended the University’s current policy of considering race and ethnicity as a determining factor in admissions.

“As we pursue excellence across the University, we know that a diverse student population enhances and enriches everyone's educational experience,” Sullivan said in the email.

University spokesperson Anthony de Bruyn said in an email statement that the University examines several factors when recruiting incoming classes.

Factors considered with each application include GPA, class rank, writing ability, race and ethnicity, economic hardship, community accomplishments, extracurricular activities and honors, among others, de Bruyn said.

According to the Office of Equal Opportunity Programs at the University, affirmative action is committed to ensuring equal opportunity in access, employment and participation in the University’s programs and activities.

“We will continue to embrace students from diverse backgrounds to be consistent with the law, but also because we know that a more diverse UVA is a stronger UVA,” Sullivan said.

The University will study the Supreme Court decision and ensure diversity would be pursued during the admissions process consistent with the law, according to the message.

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