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New Cases and Developments

NACUA's Legal Resources staff summarizes current higher education cases and developments and provides the full text of selected cases to members. New cases and developments are archived here for up to 12 months.  Cases provided by Fastcase, Inc.

Selected Topics: Students Admissions
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Admissions; Race and National Origin Discrimination

Joint Dear Colleague Letter by the Department of Education and Department of Justice on the Withdrawal of Title VI Guidance (July 3, 2018)

Joint Dear Colleague Letter by the Department of Education and Department of Justice on the withdrawal of guidance documents for educational institutions on the use of race by elementary, secondary, and post-secondary schools under the Constitution, Title IV, and Title VI. Among the withdrawn documents are the 2011 Dear Colleague Letter (DCL) regarding the Use of Race by Educational Institutions, the 2013 DCL on the Voluntary Use of Race to Achieve Diversity in Higher Education after Fisher v. University of Texas at Austin [Fisher I], and the 2016 Q & A about Fisher v. University of Texas at Austin [Fisher II]. The letter states that following review, the Departments concluded that the documents “advocate policy preferences and positions beyond the requirements” of the Equal Protection Clause of the Fourteenth Amendment and federal law, and thus “are inconsistent with governing principles for agency guidance documents."

7/5/2018
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Race and National Origin Discrimination; Admissions

Statement by the ACE President on the Trump Administration’s Decision to Rescind Guidelines on Race in College Admissions (July 3, 2018)

Statement by the American Council on Education (ACE) President Ted Mitchell on the Rescinded Guidelines on Race in College Admissions. The statement asserts, “At a time when our society grows ever more diverse and the need for engagement with individuals from other backgrounds is vitally important, the federal government should not threaten colleges and universities in their efforts to construct inclusive campuses.” Reiterating Supreme Court precedent from Bakke v. University of California and other similar cases, which recognized student body diversity as a compelling government interest, the statement affirms race and ethnicity as lawful factors for institutions to consider when conducting holistic admissions reviews. 

7/5/2018
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Race and National Origin Discrimination; Admissions

APLU Statement on the Trump Administration’s Reversal of Guidance on Race as a Factor in College Admissions (July 3, 2018)

Statement by the Association of Public and Land-grant Universities (APLU) President Peter McPherson on the Rescinded Guidelines on Race in College Admissions. The statement expresses disappointment in the announcement that “colleges and universities should no longer use race and ethnicity as one of many background factors when making admissions decisions,” while also reaffirming that “[f]our decades of case law make clear that race and ethnicity can be one of many factors that universities can consider during the admissions process.”

7/5/2018
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