JANUARY / FEBRUARY 2024
6
Hard Hit to Diversity , Equity , and Inclusion in Higher Education
In Students for Fair Admissions , Inc . v . President and Fellows of Harvard College , 600 U . S . 181 ( 2023 ) June 2023 , the Supreme Court struck down affirmative action in college admissions . In a momentous ruling , the Supreme Court , by a 6-3 majority vote , significantly curtailed , if not essentially terminated , the application of affirmative action in college admissions . The justices declared that the University of North Carolina and Harvard College ’ s admissions programs infringe upon the Constitution ’ s equal protection clause , prohibiting racial discrimination by government entities . It has been long established that higher education institutions could not use quotas in admissions , but a holistic approach was acceptable . The Court ’ s ruling left the holistic approach , in place , but with no race-based admissions as part of the holistic approach . The Court took the position that higher education institutions cannot use race as a factor in admissions , but stated “ At the same time , as all parties agree , nothing in this opinion should be construed as prohibiting universities from considering an applicant ’ s discussion of how race affected his or her life , be it through discrimination , inspiration or otherwise .” An interesting approach that allows students in a sense to self-identify during the admissions process .
The Supreme Court ruling came in June of 2023 which means the data on the first class of admitted students without using race-based admissions will start in the Fall of 2024 . At Rice University , in a high school summer camp , students were already coming up with solutions on how to structure the admissions process in order to still have a diverse student population . A number of student projects looked at socioeconomic background and or something called “ family obligations .” Did student A have to work part-time to help pay the rent ( family obligation ) which means Student A did not have as much time to study for the SAT as compared to Student B ? These initiatives will hopefully create a metric that will still allow for a continued holistic approach to admissions minus the race factor , with the end goal of a process that is designed to increase awareness and understanding of diverse perspectives in academic settings , as a necessary step in fostering an inclusive environment .
In July 2023 , Florida implemented a controversial law
By Mercy Roberg
embedded in 2023 Senate Bill 166 that is impacting the landscape of diversity , equity , and inclusion in higher education . This legislation appears to undermine efforts to create a more equitable and diverse academic environment , which in turn creates a more equitable and diverse workforce . Florida Statute 1004.06 outlines that a Florida College System ( FCS ) institution , state university , or its affiliated support organization must refrain from allocating funds towards programs or campus activities that contravene the Florida Excellence in Higher Education Act ( FEEA ), endorse diversity , equity , and inclusion , or participate in political or social activism . The funding removal directly impacts campus wide centers , departments , and even job titles ( e . g ., director of diversity , equity , and inclusion ). The removal of the funding raises concerns about the potential for a less culturally sensitive academic community that may struggle to accommodate the diverse needs of its student body .
With the Supreme Court ruling and Florida ’ s new law against funding support for diversity , equity , and inclusion initiatives in higher education , Florida higher education institutions have a hard road , from admissions to student needs on campus , to navigate in the coming years . Many higher education institutions have and will find ways to continue funding diversity , equity , and inclusion initiatives whether through private funding or reallocation of funds at the institutional level . As public discourse continues , the future of diversity , equity , and inclusion in Florida ’ s higher education remains uncertain , but if any organization had to navigate this tricky landscape higher education institutions are the perfect place to do so . Thinkers , innovators , and educators have always found a way to pave the way to a brighter future for all .
Mercy Roberg , Esq . is a law lecturer in the Department of Legal Studies at the University of Central Florida . Attorney Roberg focuses her research on poverty law and education law . Prior to her work at UCF , she served as the Director of Operations at Community Law Program , Inc . a Pinellas County legal aid firm .