UW: Admissions plan legal despite state laws barring use of race
(Published Friday, February 9, 2007 10:47:27 AM CST)
A d v e r t i s e m e n t
By Ryan J. Foley Associated Press
MADISON, Wis. - University of Wisconsin System leaders said Thursday their plan for a freshman admissions policy that considers applicants' skin color is legal despite state laws that say race cannot be a test for admission.
A 2003 U.S. Supreme Court decision allowing universities to consider race as one of many factors in admissions trumps those laws, said David Walsh, a Madison lawyer and president of the UW System Board of Regents.
"We think that clearly those two statutes do not preclude us from moving forward," Walsh said. But, he added, "We may be wrong in the long run."
His comment shows UW leaders are expecting a legal challenge to the new freshman admissions policy even before the regents have given it their blessing.
The regents, who govern the system of 13 four-year universities and 13 two-year colleges, are meeting in Madison on Thursday and Friday to consider the policy, which would require a comprehensive review of all applicants.
Academic factors such as test scores, grades and class rank will remain most important, but admissions officials also will consider race, ethnicity, income, special talents and other factors.
A regents' committee endorsed the plan Thursday and the full board was expected to adopt the policy Friday. The changes will have no effect at UW-Madison, which already does a full review of each applicant. Other campuses are drawing up policies to comply and hope the changes will help them increase the diversity of their student bodies.
Critics such as Rep. Steve Nass, R-Whitewater, have urged the regents not to consider race or ethnicity and cited state law as proof that such a policy may be illegal. One of the laws declares no "tests based upon race, religion, national origin of U.S. citizens or sex shall ever be allowed in the admission of students."
"If the Board of Regents moves forward with the politically correct policy ... then it should not come as surprise when the public and legislators attempt to block or to reverse this race- and ethnicity-based admissions process," Nass, chairman of the Assembly Colleges and Universities committee, warned in a letter Monday.
The regents considered the plan in December but delayed action to gather more input and make changes that include a statement that academic factors will remain the most important consideration. The regents also will review the policy every five years.
Given Democrats' control of the state Senate, attempts to stop the changes with legislation will likely be unsuccessful. Sen. Kathleen Vinehout, D-Alma and chair of the Agriculture and Higher Education committee, said she supported the policy.
"We need to consider the cards a child was dealt in life and how the student chose to play those cards," she wrote in a letter. "The proposed policy has given universities tools to accomplish this."
