Student Union
Lawsuit Against Harvard Could Unravel Diversity
A lawsuit filed against Harvard University that claims too few Asian-Americans are accepted to the vaunted college could do the opposite — eliminate race-conscious admissions nationally.
"It could end the use of racial preferences," said Ilya Shapiro, a senior Cato Institute fellow who specializes in constitutional studies.
The suit was filed by Students for Fair Admissions (SFFA) — a group started by Edward Blum, a legal activist who opposes the consideration of race in college and university admissions. Blum recruits plaintiffs, in this case Asian-American students, and pays their legal fees through donations that fund him.
The plaintiffs allege that Harvard's admissions process is unconstitutional because it uses racial quotas, makes race the dominant factor in admissions rather than one of many, and has not fairly considered race-neutral alternatives. They said it is biased against Asian-Americans and that the placements go to other minorities.
About 40,000 students apply to Harvard every year, but fewer than 6 percent are accepted. Asian-Americans make up 22.2 percent of students who were accepted into the class of 2022. According to the U.S. Census Bureau, Asian-Americans constitute 5 percent of the national population.
International students made up 12.4 percent of the same class. Nearly 50 percent of international students in the U.S. are from China or India.
"Asian-[American]s are held to a higher standard than whites, African-Americans and Hispanics," Blum told VOA.
Harvard denies this accusation, saying it considers a mix of factors, does not discriminate against Asian-Americans, and does not have quotas.
"Admissions officers seek ... to discern whether an applicant demonstrates outstanding and unusual intellectual ability, capacity for leadership, creative ability or athletic ability," reads a Harvard court document. "Admissions officers also look for individuals who have been able to transcend difficult circumstances by achieving academic, extracurricular and personal distinction in the face of hardship."
The school accuses SFFA of being "a litigation vehicle designed to further the ideological objectives of its founder, Mr. Blum" rather than "a true membership organization that can sue on behalf of its members."
In 2008, Blum enlisted Texan Abigail Fisher to sue the University of Texas, who alleged she was denied admission because of minority quotas. The school won that case.
Campus diversity is a contentious debate.
Racial quotas in university admissions were banned in 1978 by the U.S. Supreme Court when Allan Bakke won his case against the University of California, claiming he was not given a slot in medical school because they went to minority students. However, colleges and universities that receive any federal funding have been allowed to consider race in their admissions mix to ensure student populations are diverse, a move commonly known as affirmative action.
But that, too, is changing. In early July, the Trump administration withdrew guidelines issued by his predecessor, former President Barack Obama, that encouraged legal affirmative action.
"The general counsels of all of these schools are going to be talking to [their] presidents and deans and saying, 'Look, we're on notice now. We can't just hide behind this guidance. We have to look at what we're doing, how we're using race, to make sure that there are no race-neutral means to achieve the same diversity that we want,'" said Shapiro.
Opponents of affirmative action argue that students should be considered on merit alone. Still others say colleges should create a diverse class by considering economic status, meaning poor white students would be ranked higher than wealthy African- or Asian-American students.
Harvard said their admissions approach is holistic, meaning it looks at the whole person, including "the most exceptional academic, extracurricular, personal, and athletic ratings," according to a court filing.
Student Julie Yao, who transferred from Dickinson College in Pennsylvania to Barnard College in New York, said as a Chinese-American, she worries that the SFFA case will result in fewer seats for non-white students.
"It really infuriates me because it's almost like there are only a hundred seats for all students at a college," Yao said, "but there are only 20 open for diversity admissions."
"Why are we only fighting for so few spots?" she asked.
Her parents see the lawsuit differently.
"When I went home for a weekend this summer, my mom was actually telling me how her friends are telling people to fund this lawsuit," she said.
"Asian-Americans can be the victim of discrimination by a university in admissions," said Kimberly West-Faulcon, a civil rights attorney and law professor at Loyola Law School in Los Angeles. "The way you figure that out is to compare the Asian-American admission rate to the white admission rate."
Releasing too much information about their process "would disadvantage low-income applicants who can't afford the consultants and directly impair Harvard's ability to recruit and admit a diverse class each year," Harvard spokesperson Rachael Dane wrote in a statement.
The U.S. Department of Justice is investigating whether Harvard should be forced to reveal more details about its admissions process, and recently urged the court hearing the SFFA case to make more information in the lawsuit public.
"We are greatly encouraged that this [Trump] administration so far has asked the court to make public the information that Harvard turned over to us," said Blum. "We are delighted that an administration is demanding that there be full transparency for the American public."
Harvard questions the Justice Department's timing and approach.
"The Department cribs all but one of the cases it cites from SFFA's March 30 letter, and for certain issues, it provides no authority beyond simply citing SFFA's letter" for the request, William Lee, an attorney for Harvard, was quoted in the news site Politico.
Shapiro said he sees the case reaching the Supreme Court.
"The challengers here are unlikely to settle. In two years or so, we could see this at the Supreme Court," he said. If so, he predicts the court would rule in June 2020.
"Harvard will continue to vigorously defend its right, and that of all colleges and universities, to consider race as one factor among many in college admissions, which has been upheld by the Supreme Court for more than 40 years," Dane wrote.
International applicants don't have to worry about how the ruling will affect them.
"International applicants are compared to other international applicants," said West-Faulcon. The ruling "would not affect the admissions of an international student applying from an Asian country."
See all News Updates of the Day
International students may be able to get jobs at school
International students studying in the United States may be able to work on campus.
Jobs can include working in libraries, labs, food service and dormitories – but students will have to research the rules before applying for jobs, according to U.S. News & World Report. (September 2024)
Report says college rankings have the potential to mislead
Each year, prominent lists of college and university rankings are compiled and released to the public, but a report conducted by NORC at the University of Chicago says those rankings have the potential to mislead.
Writing in Forbes, Vanderbilt University Chancellor Daniel Diermeier says changing methodologies can distort results, and profit motives can create doubt. He argues that rankings should be replaced by an objective rating system. (September 2024)
College athletes push for voter turnout while largely avoiding controversy as election nears
Lily Meskers faced an unexpected choice in the lead-up to the first major election she can vote in.
The 19-year-old University of Montana sprinter was among college athletes in the state who received an inquiry from Montana Together asking if she was interested in a name, image and likeness deal to support Sen. Jon Tester, a three-term Democrat seeking re-election. The group, which is not affiliated with the Tester campaign, offered from $400 to $2,400 to athletes willing to produce video endorsements.
Meskers, who is from Colorado but registered to vote in Montana, decided against the deal because she disagrees with Tester's votes on legislation involving transgender athletes in sports.
"I was like, OK, I believe that this is a political move to try to gain back some voters that he might have lost," Meskers said. "And me being a female student-athlete myself, I was not going to give my endorsement to someone who I felt didn't have the same support for me."
Professional athletes such as LeBron James, Colin Kaepernick and Stephen Curry have taken high-profile stances on hot-button topics and political campaigns in recent years, but college athletes are far less outspoken — even if money is available, according to experts in the NIL field. Being outwardly political can reflect on their school or endanger potential endorsement deals from brands that don't want controversy. It can certainly establish a public image for an athlete — for better or for worse — or lead to tensions with teammates and coaches who might not feel the same way.
There are examples of political activism by college athletes: A Texas Tech kicker revealed his support for former President Donald Trump on a shirt under his uniform at a game last week and a handful of Nebraska athletes a few days ago teamed up in a campaign ad against an abortion measure on the Tuesday's ballot.
Still, such steps are considered rare.
"It can be viewed as risky and there may be people telling them just don't even take that chance because they haven't made it yet," said Lauren Walsh, who started a sports branding agency 15 years ago. She said there is often too much to lose for themselves, their handlers and in some cases, their families.
"And these individuals still have to figure out what they're going to do with the rest of their lives, even those that do end up getting drafted," she added.
College coaches are not always as reticent. Auburn men's basketball coach Bruce Pearl has used social media to make it clear he does not support Kamala Harris, Trump's Democratic opponent in next week's presidential election. Oklahoma State football coach Mike Gundy once caused a stir with a star player for wearing a shirt promoting a far-right news outlet.
Blake Lawrence, co-founder of the NIL platform Opendorse, noted that this is the first presidential election in the NIL era, which began in July 2021. He said athletes are flocking to opportunities to help increase voter turnout in the 18-to-24 age demographic, adding that one of his company's partners has had 86 athletes post social media messages encouraging turnout through the first half of the week.
He said athletes are shying away from endorsing specific candidates or causes that are considered partisan.
"Student-athletes are, for the most part, still developing their confidence in endorsing any type of product or service," he said. "So if they are hesitant to put their weight behind supporting a local restaurant or an e-commerce product, then they are certainly going to be hesitant to use their social channels in a political way."
Giving athletes a voice
Many college athletes have opted to focus on drumming up turnout in a non-partisan manner or simply using their platforms to take stands that are not directly political in nature. Some of those efforts can be found in battleground states.
A progressive group called NextGen America said it had signed players in Arizona, Michigan, Nevada, New Hampshire, Pennsylvania and Virginia to encourage voting among young people. Another organization, The Team, said it prepped 27 college athletes in Pennsylvania, North Carolina, Arizona and Michigan to lead volunteer voter participation opportunities for students. The organization also said it got more than 625 coaches to sign a nonpartisan pledge to get their athletes registered to vote.
The Team's executive director is Joe Kennedy, a former coach who coordinated championship visits and other sporting events at the White House during President Barack Obama's administration. In early October, it hosted a Zoom event during which panelists such as NCAA President Charlie Baker and WNBA players Nneka Ogwumike and Natasha Cloud gave college athletes advice about using their platforms on campus.
In its early days, The Team seized upon momentum from the record turnout seen in the 2020 election. The NCAA that year said Division I athletes could have Election Day off from practice and play to vote. Lisa Kay Solomon, founder of the All Vote No Play campaign, said even if the athletes don't immediately take stands on controversial issues, it's important for them to learn how.
"It is a lot to ask our young people to feel capable and confident on skills they've never had a chance to practice," Solomon said. "We have to model what it means to practice taking risks, practice standing up for yourself, practice pausing to think about what are the values that you care about — not what social media is feeding into your brain, but what do you care about and how do you express that? And how do you do it in a way that honors the kind of future that you want to be a part of?"
Shut up and play?
Two years ago, Tennessee-Martin quarterback Dresser Winn said he would support a candidate in a local district attorney general race in what experts said was very likely the first political NIL deal by a college athlete.
There have been very few since.
The public criticism and fallout for athletes who speak out on politics or social issue can be sharp. Kaepernick, the Super Bowl-winning quarterback of the San Francisco 49ers, hasn't played in an NFL game since January 2017, not long after he began kneeling during the national anthem at games.
Meskers, the Montana sprinter, said political endorsements through NIL deals could create problems for athletes and their schools.
"I just think that NIL is going to run into a lot of trouble and a lot of struggles if they continue to let athletes do political endorsements," she said. "I just think it's messy. But I stand by NIL as a whole. I think it's really hard as a student athlete to create a financial income and support yourself."
Walsh said it's easier for wealthy and veteran stars like James and Ogwumike to take stands. James, the Los Angeles Lakers star, started More Than a Vote — an organization with a mission to "educate, energize and protect Black voters" — in 2020. He has passed the leadership to Ogwumike, who just finished her 13th year in the WNBA and also is the president of the Women's National Basketball Players Association. More than a Vote is focused on women's rights and reproductive freedom this year.
"They have very established brands," Walsh said. "They know who they are and they know what their political stance is. They know that they have a really strong following that -- there's always going to be haters, but they're also always going to have that strong following of people who listen to everything that they have to say."
Andra Gillespie, an associate professor at Emory University who teaches African American politics, also said it is rare that a college athlete would make a significant impact with a political stand simply because they tend to have a more regional platform than national. Even celebrities like Taylor Swift and Eminem are better at increasing turnout than championing candidates.
"They are certainly very beneficial in helping to drive up turnout among their fans," Gillespie said. "The data is less conclusive about whether or not they're persuasive – are they the ones who are going to persuade you to vote for a particular candidate?"
Athletes as influencers
Still, campaigns know young voters are critical this election cycle, and athletes offer an effective and familiar voice to reach them.
Political and social topics are not often broached, but this week six Nebraska athletes — five softball players and a volleyball player — appeared in an ad paid for by the group Protect Women and Children involving two initiatives about abortion laws on Tuesday's ballot.
The female athletes backed Initiative 434, which would amend the state constitution to prohibit abortions after the first trimester, with exceptions. Star softball player Jordy Bahl said on social media that the athletes were not paid.
A University of Montana spokesperson said two athletes initially agreed to take part in the NIL deal backing Tester. The school said one withdrew and the other declined to be interviewed.
For Meskers, deciding against the offer boiled down to Tester twice voting against proposals to bar federal funds from going to schools that allow transgender athletes to play women's sports, a prominent GOP campaign topic. Tester's campaign said the proposals were amendments to government spending packages, and he didn't want to play a role in derailing them as government shutdowns loomed.
"As a former public school teacher and school board member, Jon Tester believes these decisions should be made at the local level," a Tester spokesperson said. "He has never voted to allow men to compete against women."
Meskers said she believes using influence as college athletes is good and she is in favor of NIL. She just doesn't think the two should mix specifically for supporting candidates.
"I think especially as student athletes, we do have such a big voice and we do have a platform to use," she said. "So I think if you're encouraging people to do their civic duties and get up and go (vote), I think that's a great thing."
- By VOA News
Bloomberg Philanthropies says investment in low-income students fell short
More than $140 million from billionaire Michael Bloomberg’s charitable programs have been spent getting talented low-income students into top colleges, but an analysis of those programs found they fell short of goals.
The Wall Street Journal took a look at the programs, their objectives, and how they haven’t led to the results Bloomberg Philanthropies wanted to see. (September 2024)
- By VOA News
Music students find community through 'international chat' program
State University of New York at Fredonia is trying a new method to help international music students feel at home.
A professor at the school hosts informal chats -- known as "international chat" -- several times a semester. The goal, the school says in an article, is to function "as a study group session for international students facing challenges that are unique to international students."
Read the full story here. (October 2024)
