Tag Archives: racial discrimination

Racial Discrimination by the University of Virginia

By John S. Rosenberg

The University of Virginia has just released data about it applicants for the class of 2020, including a “record number of Early Action minority applications.” These numbers reveal a prima facie case of racial discrimination by the university.

The cover of the February 1 Cavalier Daily presents a graphic display of the distribution of early admission offers by race. Offers were extended to 2893 of 9636 white applicants, for an acceptance rate of 29.7%. Of the 692 blacks who applied for early admission, 294 were accepted — an acceptance rate of 42.5%.

It is conceivable, of course, that there is a non-discriminatory explanation of these dramatically different acceptance rates. The accompanying article quotes Jahvonta Mason, a third-year undergraduate and co-chairman of the Student Council’s Diversity Initiative Committee, who, “These students tend to have some of the best undergraduate success rates of any university in the United States.” True, but how likely is it that their qualifications were so much higher than those of the white early admission applicants? In any event, it will be a freezing day in July in Charlottesville before UVa voluntarily releases test scores, etc., by race.

More likely is that UVa has to over-admit qualified minorities because they will also have been admitted to other institutions, many of which are quite literally bidding for them. According to Mason, “acceptance rate of minorities is exciting,” but that does not solve what minorities at UVa see as “the problem.” Many “minorities who received offers to come to UVa will ultimately decide to go to another university,” Mason said. “Part of the problem is that many of these students can go to other academically comparable universities for free because of minority scholarships, and UVa doesn’t offer any.”

That may or may not be true, depending in part on a Clintonian parsing of the meaning of “offer” (see my discussion of racially restricted scholarships in “Is The University Of Virginia A Racial Scofflaw?”), but it is clear UVa is going the extra mile after mile after … to recruit and retain minority students. Proudly describing these efforts to the Cavalier Daily, Dean of Admissions Gregory Roberts mentioned “several new initiatives the admissions office is implementing to increase the number of admitted minority students who enroll, including connecting current students to admitted students, hosting seven different open houses in the spring, reaching out to every admitted African-American student through alumni and a newly-redesigned admissions packet mailed to acceptees.” (Query: Should white and Asian students regard the absence of similar efforts on their behalf an institutional microaggression?)

When liberals see racial differences in rewards or punishments much less severe than UVa’s Early Action decisions, they are quick to decry discrimination, either overt and intentional or covert, “systemic,” etc. So far no such complaints have been heard in Charlottesville — perhaps simply providing more evidence for the old saw that if liberals didn’t have double standards where race is concerned they wouldn’t have any standards at all.


John Rosenberg blogs at Discriminations.

Another Illegal ‘Diversity’ Scheme at Michigan

By John S. Rosenberg

In my first year of graduate school at Yale, the debate over admitting women to the college was still raging.  A joke (or maybe it wasn’t) at that time was that the Old Yalies were perfectly willing for the college to go co-ed — so long as no male who would have been admitted in the absence of co-education was rejected … and the size of the entering class was not increased.

I was reminded of this resistance to co-education by a recent front-page story in The New York Times detailing an extraordinary measure the University of Michigan has taken to increase the “diversity” of its entering class. “The size of the freshman class was cut, by 434 students to 6,071,” The Times reports, “and no one was admitted off the waiting list, which favors higher income — often white and Asian — students, who can afford to put down a deposit to reserve admission at another college while they wait.”

Think about that,” writes Roger Clegg. “People are refused admission, not just because it was preferable to admit someone of a different color (as bad as that is), but because the school wanted to increase the percentage of some colors of students by denying admission to students of other colors.”

Also think about this: what exactly is the nature — leave aside the value — of the “diversity” that is increased simply by reducing the number of the ‘non-diverse’ admits? Kedra Ishop, Michigan’s associate vice president for enrollment management (who no doubt developed her skills restricting whites and Asians as director of admissions at the University of Texas),  must believe that blacks and Hispanics possess only a finite amount of “diversity” to disperse, and that restricting the numbers who benefit in mysterious ways from being exposed to them will thus increase the dose of it each of the non-diverse will receive.

Refusing to admit any applicants from the waiting list because more of them are white and Asian is nothing more, or less, than intentional racial discrimination, different only in degree but not in kind from the ostensibly neutral “grandfather clauses” once used by Southern states to restrict black voting.

It is also not Michigan’s first foray into discrimination by proxy. Its “Descriptor Plus” demographic data analysis program developed in conjunction with the College Board (now called “Segment Analysis Service”) was an attempt to harvest minority students without appearing to do so.

That program segments the entire U.S. population into 180,000 “neighborhoods,” and then places each into one of 30 “clusters” with unique attributes such as mean SAT scores, parental education levels, percentage of high school graduates entering college, and percentage of minority students. “Using these collected attributes and clusters,” the Michigan Review reported, “U-M hopes to preserve current minority enrollment levels while obeying the letter, if not the spirit, of Proposal 2 [which banned the consideration of race].”

According to Teresa Sullivan, now the formerly embattled president of the University of Virginia but then the provost of the University of Michigan (and as a sociologist specializing in labor force demography and affirmative action no doubt heavily involved in the development of “Descriptor Plus”), these demographic indicators are “applied in a holistic admissions evaluation” and “are not simple substitutes for race or ethnicity.”

“Of course they are not ‘simple substitutes for race and ethnicity,’” as I commented here. “They are complex, expensive substitutes.” (For more on the exemplary career of Teresa Sullivan as an affirmative action apparatchik, see my “Was Teresa Sullivan an Affirmative Action Hire?” here and here.)

Michigan’s purely numbers-driven desire to restrict the admission of Asians and whites and its “diversity”-justified discrimination by demographic proxy is both offensive and presumptively illegal. Even Grutter described “outright racial balancing” as “patently unconstitutional,” and in Parents Involved Chief Justice Roberts noted that a fatal flaw of the “racial balance” sought by the school districts is that it was defined “solely by reference to the demographics of the respective school districts.”


John Rosenberg blogs at Discriminations

Admissions Stacked Against Asians–It’s OK with the Feds

The Department of Education’s Office of Civil Rights has dismissed the longstanding discrimination complaints of Asian Americans, giving Ivy League and other institutions a green light to continue chromatically contouring the results of their “holistic” admissions processes so that applicants who are black or brown or red consistently are admitted with lower academic scores than applicants who are yellow or white. Word of the decision came in a 20-page September 9 letter to Princeton president Christopher Eisgruber.

Although Princeton readily conceded, “It does sometimes consider the race and national origin of applicants for admission,” the OCR concluded that it had not engaged in “patently unconstitutional” racial balancing.

As Roger Clegg has pointed out, the OCR did not deny that Princeton engaged in racial balancing or racial discrimination. It just red that these racial practices are not illegal under  the Grutter vs. Bollinger ruling.

Does Grutter Apply?

What is interesting here is not OCR’s conclusion (when has any Obama administration agency or ally ever concluded that any organization has ever discriminated against Asians or whites?), but that it reached its conclusion without even considering, much less rebutting, the vast breadth and depth of evidence presented by the complainants revealing differential treatment.

For example, as I discussed here, Princeton sociologist Thomas Espenshade, who supports affirmative action, found in his 2009 book that black applicants to selective universities receive “a 450-point ‘boost’ compared to otherwise similarly qualified Asian applicants.” In an earlier article, Espenshade and a colleague demonstrated that if affirmative action were eliminated across the nation, “Asian students would fill nearly four out of every five places in the admitted class” now taken by African-American and Hispanic students.

A Tower of Evidence

A Wall Street Journal article by Daniel Golden, author of The Price of Admission, cited a study of the University of Michigan  by the Center for Equal Opportunity that found “among applicants with a 1240 SAT score and 3.2 grade point average in 2005, the university admitted 10% of Asian-Americans, 14% of whites, 88% of Hispanics and 92% of blacks.” Much more of this sort of evidence showing that Asians have much higher admission hurdles in the Ivy League than other applicants can be found here, here, and here

How, you must wonder, did OCR refute or respond to all this evidence that to be admitted to the Ivies and other selective institutions Asians must have higher grades and test scores than members of other groups? Easy. It did not. Instead, it concluded that Asians had not been subject to discrimination by accepting Princeton’s argument that a few Asians were admitted with lower academic credentials than some rejected non-Asians:

  • “The University … reported, and OCR’s file review confirmed, that less than stellar grades or test scores do not mean that an applicant is automatically foreclosed from admission. OCR in its file review found examples of applicants who did not have the highest quantifiable qualifications, such as grades and test scores, who were nonetheless admitted by the University based on other qualities and the overall strength of their applications. Some of these applicants were Asian.”
  • “The University reported to OCR that the University ‘frequently accepted to the Class of 2010 applicants from Asian backgrounds with grades and test scores lower than rejected non-Asian applicants.’”
  • “The University gave OCR specific examples of Asian American applicants for the Class of 2010 whose grades and SAT scores were not near the top of the range usually seen by the University’s admissions officers, but who nonetheless were offered admission.”
  • “As the University told OCR, regarding the Class of 2010, the University “denied admission to literally hundreds of non-Asian applicants for the Class of 2010 who were valedictorians, and over three-thousand non-Asian applicants with a 4.0 GPA. These non-Asian applicants were not admitted despite the fact that many Asian students who did not have these academic credentials were admitted.”
  • “OCR found no evidence of the University giving an automatic ‘plus’ for identifying as a particular race or national origin; nor did OCR find evidence of applicants given an automatic ‘minus’ for belonging to a particular race or national origin.”
  • “OCR also found no evidence of the University using a fixed formula to weigh an applicant’s race or national origin.”

“In sum,” OCR concluded, “OCR found that the University treated each applicant as an individual, without making an applicant’s race or national origin a defining characteristic. Accordingly, OCR found no evidence of the different treatment of Asian applicants.”

Not Discrimination Because…

In short, OCR concluded that Princeton does not discriminate because

  • Asian applicants are not “automatically foreclosed from admission.”
  • A few Asians are admitted with lower academic credentials than many rejected non-Asians are. [It would be interesting to know how many, if any, blacks or Hispanics were rejected with higher grades and test scores than some Asians who were admitted].
  • The “plusses” awarded to blacks and Hispanics, and the “minuses” in effect awarded to Asians and whites, were not “automatic.”
  • However the University may have prevented the admission of too many Asians, it did not “impose a fixed number or percentage which must be attained, or which cannot be exceeded.”

Unexpected Effects

Since this conclusion comes from an administration notorious for seeing disparate impact discrimination anywhere and everywhere racial outcomes are even ever so mildly disproportionate, calling it hypocritical hardly seems to do it justice. Maybe we need a new word, such as hyper hypocritical. In fact, this OCR ruling is so bad, that it may well have some very good effects. Here are two:

  1. It will buttress the defense of other organizations accused by this administration (or, heaven forbid, similar future administrations) of discrimination. Following OCR’s analysis, for example, a school district accused of racially disparate discipline rates need produce in its defense evidence of only a few occasions when whites or Asians were disciplined for behavior for which blacks were not punished. Ditto for racial profiling by police.
  1. It should persuade Justice Kennedy that Grutter needs to be revisited when the Court considers the return of Fisher v. University of Texas next term. OCR insisted repeatedly that Princeton’s treatment of Asian applicants was legal under Grutter, which was mentioned or quoted 47 times in its 20-page ruling and cited in 27 of its 49 footnotes. I don’t think that conclusion is correct, but every selective institution in the country that subjects Asians to differential treatment (probably all of them except for Caltech) thinks so, as do their enablers in the Obama administration and four Justices of the Supreme Court. If Justice Kennedy believes Grutter allows — or even that it allows so many to believe it allows — the Ivies and others to treat Asians the way Princeton does, he may well conclude that it should be overruled or significantly modified.

One last point deserves attention, among other reasons because it also is involved in the Fisher v. University of Texas case that the Supremes will revisit this fall: how do institutions that strive for racial and ethnic diversity define race and ethnicity?

Need to Be Culturally Aware

“OCR’s review of more than 1,000 application files for the Class of 2010 showed that sometimes the race or national origin of an applicant garnered positive attention (as indicated by comments made by admissions staff on the reader cards),” OCR noted in its Princeton letter; “sometimes it did not.” In OCR’s view, the fact that Princeton did now always award “plus” points for race or ethnicity, or not enough to guarantee admission, means it was not engaged in racial discrimination. In fact, it means its discrimination was egregious, since it attempted to admit only members of racial and ethnic groups who were “culturally aware” of their identity. That is, only “true” blacks and Hispanics need apply.

OCR is so oblivious to this offensive insult that it even provides evidence of it in its letter. Consider the following revealing passage:

For example, for an applicant attending high school in the U.S., admissions staff commented that “Polish heritage is neat but not a hook”; and based on other information in the record, the applicant was not offered admission. On the other hand, admissions staff noted that for a Mexican applicant attending high school in the U.S., the individual was a “cultural add as well”; and based on other information in the record, the applicant was waitlisted…. However, for another applicant of Hispanic national origin also attending high school in the U.S., admissions staff wrote that there was “No cultural flavor” in the application; and based on other information in the record, the applicant was not even waitlisted. For another applicant who was waitlisted, admissions staff wrote that the applicant was a “true American Native . . . One to do.”

Being Polish Doesn’t Count

One would love for Princeton to explain why Polish heritage isn’t “a hook” (are there too many Poles at Princeton?), what its tastes are in Mexican “cultural flavor,” and how it can tell a “true American Native” from a presumably counterfeit one (like Elizabeth Warren, perhaps). What all of this determining the true from the false identity on the basis of “cultural awareness” amounts to the same thing Rush Limbaugh parodies with his reference to the NAACP as in fact the NAACLP, the National Association for the Advancement of Liberal Colored People and that liberals used in opposing President Bush’s nomination of Miguel Estrada to the D.C. Court of Appeals because, as I discussed here and here, “Estrada isn’t Hispanic enough to represent Hispanic interests on the bench.”

Like Princeton, in its original Supreme Court brief in Fisher the University of Texas also asserted, “No automatic advantage or value is assigned to race …, and race is considered ‘in conjunction with an applicant’s demonstrated sense of cultural awareness.” As I pointed out at the time in National Review, Texas does not “explain how admissions officials determine whether applicants have demonstrated a ‘sense of cultural awareness.’”

The current Fisher amicus brief for the Cato Institute makes the same point:

In deposition testimony submitted at the summary-judgment stage, the only thing the University’s admissions representatives would say regarding the way the University uses race is that they value a “sense of cultural awareness.” …. That distinctive phrase — “cultural awareness” — appears a dozen times in the testimony of the University’s admissions consultant, …  as well as repeatedly in the testimony of the University’s associate director of admissions, who is responsible for admissions policy. In fact, it is the only evidence the district court was able to muster when it sought to describe how the University actually uses race in evaluating applications. No other evidence supports any connection between the University’s use of race in holistic review and its avowed diversity goal

OCR’s, Princeton’s, and Texas’s argument to the contrary notwithstanding, the fact that being black or brown is insufficient to gain “plus points” does not mean race or ethnicity is not very important On the contrary, it means that institutions claim the right not only to distribute benefits on the basis of race and ethnicity but also to limit those benefits to those who conform to the “cultural flavors” approved by their admissions offices.