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AACRAO's bi-weekly professional development e-newsletter

Access and Diversity - Collaborative SCOTUS Convening

Aug 5, 2024, 17:08 PM
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Summary : An overview of legal considerations in light of the 2023 SCOTUS ruling and how institution leaders can navigate the current landscape.
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By: Jill Orcutt, Global Lead, AACRAO Consulting

I had the privilege of joining colleagues from across the nation at the College Board’s Access and Diversity Collaborative Scotus Convening in Herndon, Virginia, July 17-18, 2024. I appreciated the opportunity to discuss the following important topics that impact our work.

 

Legal Landscape Update

A panel of legal experts, including Art Coleman, Florence Prioleau, and Frank Trinity, provided an insightful update on the legal landscape following the 2023 SCOTUS ruling. They shared strategies for how institutions can navigate the new legal framework without under or over-correcting their policies, procedures, and operations.

This period calls for reflection on what we can do, not just what we must do. This is the time for sustained leadership and continued collaboration with our state and local constituencies, colleagues, and teams.

Art emphasized the importance of mission, goals, and values driving institutional policies and procedures. He highlighted that institutional leaders must design policies and practices that align with missed-based goals. Enrollment leaders, in particular, have the opportunity to influence federal and state policy, shaping a landscape larger than any single institution. Therefore, the narrative must be accurate and compelling.

Greater integration with institutional research units and increased actionable data are essential. The next five years will redefine the narrative and the required work for enrollment leaders. The term “Access and Equity” is gradually replacing “Diversity, Equity, and Inclusion (DEI).” It is crucial to have a written policy outlining admissions practices and their rationale. Those involved in admission selection must remain unbiased and uninfluenced by applicant or student data.

The notion that diversity is no longer a compelling goal, that we are a color-blind society, and that the socio-economic disparities have been eradicated is inaccurate. Institutions must maintain authentic ties to their core mission. Public records and transparency are vital to this endeavor.

Navigating Demographic Data Access Models: A Strategic Approach for Institutions

In their presentation, the panel discussed several key considerations as institutions determine their data release plans for external audiences. These considerations are crucial for maintaining transparency, compliance, and effective communication with stakeholders. As part of their discussion, the following topics were presented:

Top-of-Mind Considerations for Data Release Plans

  • Compliance and Transparency: Ensuring that data release plans comply with legal and regulatory requirements is paramount. Institutions must be transparent about data collection and reporting processes to build trust with external audiences.

  • Accuracy and Timeliness: Providing accurate and timely data is essential. Institutions should establish clear timelines for data release and ensure the data is up-to-date and reflects current demographics.

  • Stakeholder Engagement: Engaging with stakeholders, including students, parents, and policymakers, to understand their data needs and expectations can help tailor the data release plan effectively.

Elevating Factors in Public Institutional Narratives

When contemplating the public institutional narrative, institutions should elevate the following factors:

  • Mission and Values: Highlighting the institution’s mission and core values can provide context for the data and reinforce the institution’s commitment to diversity, equity, and inclusion.

  • Impact and Outcomes: Emphasizing the positive impact and outcomes of the institution’s programs and initiatives can help build a compelling narrative.

  • Contextual Factors: Providing context for the data, such as historical trends and comparisons with peer institutions, can help external audiences understand the broader picture.

Contextualizing the Impact of the SFFA Decision

The Supreme Court’s decision in Students for Fair Admissions (SFFA) has significant implications for institutions. To contextualize its impact, institutions should consider:

  • Legal Compliance: Ensuring that admissions policies and practices comply with the SFFA decision and other relevant legal requirements.

  • Institutional and Environmental Factors: Considering how the decision interacts with other institutional and environmental factors, such as changes in state laws, demographic shifts, and economic conditions.

  • Communication Strategy: Develop a clear communication strategy to explain the impact of the decision to stakeholders and address any concerns.

Changes in Data Gathering and Reporting Processes

In the last cycle, institutions have made several changes to their processes for gathering and reporting data regarding the racial composition of their classes:

  • Enhanced Data Collection Methods: Implementing more robust data collection methods to ensure accuracy and completeness.

  • Increased Transparency: Providing more detailed and transparent reports to stakeholders.

  • Regular Reviews: Conducting regular reviews of data collection and reporting processes to identify areas for improvement.

Future Protocols and Processes

Several issues remain to be resolved regarding future protocols and processes:

  • Standardization: Developing standardized protocols for data collection and reporting to ensure consistency across the institution.

  • Training and Education: Providing ongoing training and education for staff to ensure they understand and can effectively implement the protocols.

  • Continuous Improvement: Establishing mechanisms for continuous improvement to adapt to changing legal, regulatory, and institutional requirements.

Clarity of Internal Processes and Protocols

Ensuring that all internal processes and protocols are clear, explained in relevant policy documents, and understood by all admissions and other staff is critical. This includes:

  • Policy Documentation: Clearly document all policies and procedures related to data collection and reporting.

  • Staff Training: Providing comprehensive staff training to ensure they understand the policies and procedures.

  • Regular Communication: Maintaining regular communication with staff to address any questions or concerns and provide updates on any changes.

Addressing Broader Issues in Admissions and Enrollment

Enrollment leaders have identified several broader issues affecting their admission and enrollment cycles, including:

  • Protests and Political Environment: Navigating the impact of protests and the local, state, and federal political environment on admissions and enrollment.

  • FAFSA Debacle: Addressing challenges related to the FAFSA process and its impact on student enrollment.

  • Declining High School Graduation Rates: Developing strategies to address declining high school graduation rates and their impact on the applicant pool.

  • Staffing Concerns: Managing staffing concerns and ensuring that admissions and enrollment teams are adequately supported.

Admission Policy and Practice Changes

Recent surveys of ADC institutions have revealed several trends in admission policy and practice changes:

  • Policy Changes: 13% of institutions reported policy changes, with a greater emphasis on factors other than race.

  • Process Changes: 96% of institutions will make one or more changes to their admissions processes.

  • Application Changes: 57% of institutions do not plan to make changes to the admission application for the 2024-25 cycle.

  • Policy Stability: 89% of institutions do not plan to make changes to their admission policies for the 2024-25 cycle.

Discussion Points for Future Consideration

  • Effectiveness of Policy Changes: Evaluating the effectiveness of recent policy changes and identifying areas for further consideration.

  • Process Evaluation: Review last year’s process and outcomes to identify key takeaways and areas for improvement.

  • Clarity in Admissions Policies: Ensuring that admissions policies are clearly described in writing and that core competencies and valued qualities are elevated in the policy narrative.

  • Staff Training Strategies: Identifying effective staff training strategies and considering additional training approaches for the next cycle.

Preparing for Future Litigation

Institutions must prepare for the next wave of litigation by:

  • Ensuring Compliance: Verifying that they are compliant with the SCOTUS ruling and advancing neutral policies.

  • Engaging Legal Counsel: Working with legal counsel to propose new approaches, policies, and procedures.

  • Community-Based Evaluation: Implementing community-based evaluation (CBE) and team-based training to enhance staff understanding and comfort with the admissions process.

Renewed Focus on Student Essays

The U.S. Supreme Court’s ruling has renewed the focus on student essays, allowing institutions to consider how race has affected applicants’ lives. Institutions should:

  • Evaluate Essays: Develop consistent data to evaluate essays and their impact on admissions decisions.

  • Support K-12 Colleagues: Collaborate with K-12 colleagues to support students through the admission process in light of the new legal framework.

The panel posited that by addressing the above considerations and challenges, institutions can develop effective demographic data access models and navigate the complexities of the admissions and enrollment landscape.

Interested in learning more about enrollment management? Visit AACRAO's enrollment management resources page to gain access to courses, research, reports, and more.

Categories :
  • Diversity and Inclusion
  • Enrollment Management
Tags :
  • admissions and recruitment
  • Enrollment Management
  • supreme court
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