Developing Diversity-Building Admissions Programs

A step-by-step guide to developing a “narrowly tailored” admissions policy in a constitutionally permissible way

From Preserving Diversity in Higher Education: A Manual on Admissions Policies and Procedures After the University of Michigan Decisions, Bingham McCutchen LLP, Morrison & Foerster LLP, and Heller Ehrman White & McAuliffe LLP (2004) (hereinafter the “Diversity Manual”)

What to Do

1. Formalize an admissions policy statement
   • tied to institution’s general mission statement
   • developed and approved by senior policy-making body
   • explicitly state the role of diversity in admissions process
2. Evaluate race-neutral alternatives: Percentage Plans
   • effects may be attributable to other factors, such as recruitment and scholarship programs focused on minority candidates
   • minority students may be admitted into the public school system, but continue to be underrepresented at the flagship universities within the system
   • overly mechanical
   • not workable in graduate and professional schools, as well as other contexts
3. Develop a diversity-focused admissions plan
   • Flexibility:
     • Evaluate test scores and grades in context, not in an overly formulaic way.
       • Mathematical formulas should never be used.
     • Applications should be reviewed in an individualized way.
       • Take many factors, including race, into consideration.
   • Plus Factors:
     • Tangible: race, ethnicity, gender, socioeconomic, residency
     • Intangible: leadership skills, musical abilities
     • No particular factor can dominate the decision
     • Use discretion in evaluating plus factors

What to Avoid

• Avoid rigidity.
  • Discretion can be used
    • Applicants who possess the same diversity factor do not have to be given the same weight
• Avoid mechanical formulas.
  • Do not use programs that automatically assign a given number of points based on race.