Federal Guidance on Supreme Court Decision
The Biden Administration’s Department of Education (DOE) recently released federal guidance on Race and School Programming after SCOTUS’ decision in Students for Fair Admissions, Inc. v. Harvard College and University of North Carolina. You can also view the DOE’s Questions and Answers document regarding SCOTUS’ decision.
On June 29, 2023, the U.S. Supreme Court issued decisions regarding the legality of race-conscious admissions programs used by Harvard University and the University of North Carolina in the cases Students for Fair Admissions (SSFA) v. Harvard and Fair Admissions v. North Carolina.
The University of Wisconsin System is reviewing the decision to see what impact it may have on our universities. Like others across the country, we will assess next steps surrounding this issue and abide by the law.
Frequently Asked Questions
What was being reviewed by the Court in the Cases?
One of the core issues is whether the Court should overrule existing precedent, such as Grutter v. Bollinger, 539 U.S. 306 (2003), which permits institutions of higher education to use race as a factor in admissions.
Why are the Cases important and what will the impacts be on the University of Wisconsin System?
The decisions in the Cases will affect how race is used in admissions and other related areas.
Will UW System institutions admissions decisions for the 2023-2024 academic year be affected?
No.
Do UW System institutions need to make any changes to the way they handle future admissions decisions?
UW System is currently reviewing the decision to determine if changes need to be made.
How will the Court’s decisions impact UW System institution’s current student recruiting and retention goals?
We are reviewing the decisions to determine if changes need to be made.
Do UW System Institutions need to make any changes to scholarship or financial aid awards for the 2023-2024 academic year?
No.
Will the Court’s decisions in the Cases affect future or ongoing/renewable financial aid and scholarships?
We are currently reviewing the decision to determine if changes need to be made. We will issue guidance if we recommend any changes to financial policies or practices.
Will the decisions in the Cases mean UW System institutions might no longer be able to have DEI offices or positions?
No. The Cases are about admissions practices, not institutional priorities or administrative structure.
Do UW System institutions need to make any changes to student programming or student organization administration?
No. Unless and until the law changes, UW institutions will continue to follow their current practices for student programming. UW System institutions have entirely different policies governing student organization structure and the legal precedent is not connected to the Cases.
Will the decisions in the Cases affect curriculum development or other academic programs such the living/learning communities?
No. Unless and until the law changes, UW System institutions will continue to follow their current practices.
Will the decisions impact hiring practices?
No. The Cases decisions do not impact hiring practices.
Additional Resources
CollegeBoard
- Preparing for the 2023 Ruling on Race in Admissions
- The Access and Diversity Collaborative’s Action Guide for Higher Education
- ADC Action Guide for Higher Education
- Communications Primer
Council of Graduate Schools
Equity in Graduate Education Resource Center
University of California
- Amicus Brief in SFFA vs Harvard and SFFA vs UNC
- Nov. 16, 2022, Accountability Sub-report on Diversity
- July 2015 Guidelines For Addressing Race and Gender Equity In Academic Programs in Compliance with Proposition 209
- UC Berkeley: 2009 Strategic Plan for Equity, Inclusion, and Diversity
- Serving the New California: 9 ways UC is working to cultivate a university as diverse as the state itself
University of Michigan
Legal Defense Fund
Georgetown University Center on Education and the Workforce
U.S. Department of Education
- FAQ on Race, Color, or National Origin Discrimination
- Dear Colleague Letter: Race and School Programming (August 2023)
- Questions and answers regarding the Supreme Court’s decision in Students for Fair Admissions, Inc. v. Harvard College and University of North Carolina
JD Supra