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contributing editors joy blanchard neal hutchens kerry brian melear david nguyen mercy roberg jacob h. rooksby cj ryan jeff sun highereducationlaw blog about higher ed. law resources highereducationlaw views, news, and information about higher education law contributing editors joy blanchard neal hutchens kerry brian melear david nguyen mercy roberg jacob h. rooksby cj ryan jeff sun highereducationlaw blog about higher ed. law resources top contributing editors joy blanchard neal hutchens kerry brian melear david nguyen mercy roberg jacob h. rooksby cj ryan jeff sun highereducationlaw blog about higher ed. law resources contributor tweets newer older other tweets newer older search site -- contributing editors joy blanchard neal hutchens kerry brian melear david nguyen mercy roberg jacob h. rooksby cj ryan jeffrey sun contact us subscribe to blog's feed enter your email address: delivered by feedburner highereducationlaw rss disclaimer information on this site is for educational purposes only and is not intended as legal advice. if you have a legal problem, consult your institutional counsel or an attorney licensed to practice law in your state. information and views presented in this blog are solely those of the individual contributors and not their employers. login tuesday jun 19 2018 affirmative action in today's classroom tuesday, june 19, 2018 at 10:04am reverse discrimination , meritocracy, and color-blind are terms often used in arguments against affirmative action, especially regarding college admissions. critics say affirmative action is an outdated policy that results in underserving students and lowering the academic prowess of an institution. many opponents even claim they share dr. martin luther king’s dream of a world without race and that affirmative action is hindering our country from reaching that point. if our society were truly post-racial however we would not see college graduation rates varying so widely between races, all other considerations constant. affirmative action is any effort made to improve educational or economic opportunities for historically disadvantaged groups such as people of color and women. this can include recruitment and retention efforts among others. according to a gallup poll, the nation is split fairly evenly on the issue of affirmative action, but when the question is posed including the term “racial preferences” support drops as low as 38 percent. affirmative action, though it was not always called that, dates back to the 14 th amendment which calls for equal state protection of similarly situated persons. this really took hold within the workforce in the 60s when presidents kennedy and johnson passed executive orders explicitly referring to race and sex respectively and for the first time using the term affirmative action. it wasn’t until the brown v. board ruling when notes of affirmative action began to take hold in education. like most rulings and laws, things did not change overnight. it was 24 years later in bakke v. university of california when affirmative action began to get fleshed out in higher education as the court declared race quotas unconstitutional. the focus on affirmative action has largely been a black and white binary argument until recently. a nonprofit group, students for fair admissions, believe “most competitive universities are not in compliance” with the supreme court’s decision in fisher v. university of texas . students for fair admissions has a current lawsuit against harvard claiming racial balancing is occurring, specifically regarding asian students. while the proportion of asian applicants rise, the proportion admitted has stayed rather constant. harvard is arguing that they do not put quotas on their student population but that they must pay attention to maintain a truly diverse student body. although the narrative of affirmative action is changing, the opponents of affirmative action have maintained a whiteness that cannot be ignored. when the question of affirmative action for women is posed, there is support. when the question of affirmative action based on race is raised, you see more opposition. people feel as though something is being taken from them for opportunity to be given to others. these feelings can be explained as white supremacy . in this context white supremacy refers to a society in which power, privilege, and entitlement are widespread among white people. white people are not uniformly powerful, one must consider intersectionality, but if the focus remains on correcting overt racism and not the systems that perpetuate privilege, change will not be seen. a landmark case for affirmative action, grutter v. bollinger defined the benefits of diversity as promoting "cross-racial understanding," and learning outcomes that "better prepare students for an increasingly diverse workforce and society," and deconstructing racial stereotypes. so, while affirmative action has been seen as taking from the hardworking and giving to an undeserving person of color, we must consider who affirmative action is really benefitting. is it the populations who are criticized and told they cannot succeed without affirmative action measures, or is it the population that continues to hold power in this society and leaves the classroom a more well-rounded individual because of it? this post was authored by ms. micayla bean, a masters student in higher education administration at the university of texas at san antonio and a graduate assistant in student activities. david h.k. nguyen | post a comment | share article email article print article wednesday apr 18 2018 college justice, where are you? wednesday, april 18, 2018 at 5:05pm imagine being a college student who has falsely been accused of sexual assault ; then imagine you were suspended or expelled from college simply because of these allegations. no hearing, no courts, no due process. college is supposed to be a new and exciting time but for a third of male college students this is not the case. it is estimated that 1 in 3 male college students will suffer this fate. false accusations are occurring more than they should and the sad part is these students will be failed by a system which should be equally protecting them. under title ix of the education amendments of 1972 , campuses are required to prevent and remedy sexual assault cases or they face losing federal funding. in the past, campuses have had a reputation for not taking students’ complaints of sexual assault seriously; so, federal mandates have been put in place beginning with the obama administration reinterpreting title ix to the u.s. department of education’s dear colleague letter . these mandates have put pressure on campus to find more accused students responsible, instead of the truth of the allegations. according to the department of education’s regulations , state schools must have a “prompt and equitable” procedure for resolving sexual assault complaints. these mandates also included adopting a “ preponderance of evidence ” standard. under the preponderance of evidence standard due process is non- existent, meaning a hearing is not required, the accused does not have the right to appeal or have an attorney, and campuses are discouraged from permitting cross-examinations . because of these mandates and regulations, the accused students are being suspended and expelled without the protections they would normally receive in the criminal justice system. secretary of education betsy devos announced she is moving to end the sexual assault procedures on campus set forth by the obama administration. devos mentioned the current title ix policies often denied due process to the accused, and that is what they are looking to change. some feel this allows campuses to weaken their procedures for handling sexual assault cases and makes it more difficult for victims to seek justice. while others feel it will allow the accused a fair investigation. there are detrimenta

URL analysis for highereducationlaw.org

http://www.highereducationlaw.org/url/recommend/36057880
http://www.highereducationlaw.org/about/
http://www.highereducationlaw.org/url/?currentpage=2
http://www.highereducationlaw.org/url/2018/4/16/just-for-the-record-its-not-a-pet-emotional-support-and-serv.html
http://www.highereducationlaw.org/cj-ryan/
http://www.highereducationlaw.org/david-nguyen/?ssscrollposition=0
http://www.highereducationlaw.org/url/2018/4/18/college-justice-where-are-you.html#comments
http://www.highereducationlaw.org/httphigheredlawsquarespace/
http://www.highereducationlaw.org/url/?currentpage=67
http://www.highereducationlaw.org/url/2018/4/18/college-justice-where-are-you.html#references
http://www.highereducationlaw.org/login/?returnurl=%2f
http://www.highereducationlaw.org/url/2018/4/16/the-university-is-to-blame-for-my-childs-death.html?printerfriendly=true
http://www.highereducationlaw.org/url/2018/6/19/affirmative-action-in-todays-classroom.html
http://www.highereducationlaw.org/cj-ryan/
http://www.highereducationlaw.org/url/author/davidnguyen

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Domain Name: HIGHEREDUCATIONLAW.ORG
Registry Domain ID: D163105918-LROR
Registrar WHOIS Server: whois.namecheap.com
Registrar URL: http://www.namecheap.com
Updated Date: 2018-09-25T19:53:51Z
Creation Date: 2011-08-22T00:58:54Z
Registry Expiry Date: 2020-08-22T00:58:54Z
Registrar Registration Expiration Date:
Registrar: NameCheap, Inc.
Registrar IANA ID: 1068
Registrar Abuse Contact Email: [email protected]
Registrar Abuse Contact Phone: +1.6613102107
Reseller:
Domain Status: ok https://icann.org/epp#ok
Registrant Organization: WhoisGuard, Inc.
Registrant State/Province: Panama
Registrant Country: PA
Name Server: DNS1.REGISTRAR-SERVERS.COM
Name Server: DNS2.REGISTRAR-SERVERS.COM
Name Server: DNS3.REGISTRAR-SERVERS.COM
Name Server: DNS4.REGISTRAR-SERVERS.COM
Name Server: DNS5.REGISTRAR-SERVERS.COM
DNSSEC: unsigned
URL of the ICANN Whois Inaccuracy Complaint Form https://www.icann.org/wicf/)
>>> Last update of WHOIS database: 2019-02-05T09:26:32Z <<<

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Access to Public Interest Registry WHOIS information is provided to assist persons in determining the contents of a domain name registration record in the Public Interest Registry registry database. The data in this record is provided by Public Interest Registry for informational purposes only, and Public Interest Registry does not guarantee its accuracy. This service is intended only for query-based access. You agree that you will use this data only for lawful purposes and that, under no circumstances will you use this data to (a) allow, enable, or otherwise support the transmission by e-mail, telephone, or facsimile of mass unsolicited, commercial advertising or solicitations to entities other than the data recipient's own existing customers; or (b) enable high volume, automated, electronic processes that send queries or data to the systems of Registry Operator, a Registrar, or Afilias except as reasonably necessary to register domain names or modify existing registrations. All rights reserved. Public Interest Registry reserves the right to modify these terms at any time. By submitting this query, you agree to abide by this policy.

The Registrar of Record identified in this output may have an RDDS service that can be queried for additional information on how to contact the Registrant, Admin, or Tech contact of the queried domain name.

  REFERRER http://www.pir.org/

  REGISTRAR Public Interest Registry

SERVERS

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DOMAIN

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OWNER

  ORGANIZATION WhoisGuard, Inc.

ADDRESS

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