“We are in a time when ideas of what exactly is race-based are up for grabs.” JeannieSGersen writes about the possible end of legacy admissions.
In 2019,exposed dozens of wealthy parents’ involvement in criminal conspiracy to commit fraud in order to insure their children’s admission to colleges, using inflated test scores, bribery of college officials, and even doctored photos of athletic prowess. The scandal brought public attention to the idea that, even in the absence of criminal activity, the competition to get in may bear more similarities to parents vying to purchase spots than to a true system of “merit.
After decades of suspicion and scrutiny of affirmative action, legacy admissions are taking their place as the punching bag. Last month, in response to a federal civil-rights complaint, the Department of Education’s Office for Civil Rights opened an investigation into whether Harvard’s preferences for legacies and children of donors discriminate against Black, Hispanic, and Asian American applicants in favor of less qualified white applicants, in violation of Title VI of the Civil Rights Act.
Because the Supreme Court, in 2001, made private suits based on disparate-impact claims under Title VI unavailable in court, it is unlikely to take on the legacy-admissions issue. The claim is viable in complaints to the Education Department, which has the ability to tell schools to reform their admissions programs if they want to keep receiving federal funds. But civil-rights regulators may find it difficult to come to that conclusion.
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