The Supreme Court is taking up affirmative action at colleges and universities for the sixth time in 50 years. In that litany, an early case was the University of California vs. Bakke. Bakke complained about being denied admission to the university’s medical school because seats were guaranteed for minority applicants, thus barring the door to him and other white applicants.
When the Bakke case was on the Court’s docket, John Kemeny was president of Dartmouth College. The Dartmouth Board wanted a public statement by the college on Bakke. Given their strong confidence in Kemeny, they gave him sole authority to craft Dartmouth’s stand on affirmative action. Kemeny’s voice from his bully pulpit into the public square about the Bakke case echoes today.
Kemeny’s argument displays ahead-of-the-curve insights. His major concern, one still very much at stake in the outcome of the Court’s deliberations today, was that colleges had to be able to maintain their fundamental purposes in the face of any Court judgment. Should the Court mandate a cookie-cutter approach for college admissions, the unintended consequence would be to reduce diversity among institutions of higher education something Kemeny said simply would be “highly undesirable.”
Using Dartmouth’s example, Kemeny underscored that the board had affirmed the college’s purpose as “the education of men and women with a high potential for making a significant positive impact on society.”
The board did not define that purpose as “the education of students who have the ability to accumulate high grade-point averages at the College,” a statement that would be “ludicrous!”
Kemeny pushed back against the Court going over the edge if it were to compel colleges and universities exclusively to use test scores and presumed objective measures to decide which students to admit. That legal edict would restrict colleges from recruiting and admitting musicians, athletes and any student uniquely qualified to contribute to a student body and a college. Quotas of any sort were in his judgment “abhorrent.” Beware what you wish for.
Years after Bakke, in the 2003 University of Michigan cases, Supreme Court Justice Sandra Day O’Connor claimed that colleges had roughly 25 more years to solve their equity and equal opportunity problems. After that time, reliance on affirmative action policies would run out. O’Conner’s clock continues to tick.
Getting to where she urged has proved difficult. Progress on the diversity front in the Ivory Tower is glacial and complicated because competing interests must be addressed and give their blessing or at least not actively resist new programs and initiatives. More time than O’Conner predicted is clearly needed. Ideological players on all sides agree that substantive changes in fairness and equity is the arrival point, though there will always be huge differences about the roadmap.
Greater diversity at colleges and universities makes their campus communities more engaging, more demanding, more rewarding and their members more fully educated. Absent diversity the highest values of what we want a college education to be will remain outside our grasp. That is true for our body politic inside and outside the gates as graduates take their places in the social of communities and the nation. This picture is the goal, but how to get there and how long it will take are the great unknowns.
The new challenge brought by Students for Fair Admissions alleges that Harvard University discriminates against Asian American students and the University of North Carolina discriminates against white and Asian American applicants by continuing the use of race as an upfront criteria in admissions rather than observing a race-blind approach that would place more credence and consideration on an applicant’s struggles with discrimination in their life experiences.
The Supreme Court relies on arguments. The presidents of our colleges and universities must as a group get in the arena, present their case and gather defenders in amicus briefs. The cards will fall as the Court dictates. However, jousting over what the Justices will say has to be embraced. It must be made clear to the Court’s justices that they must not do harm to hard-fought policies designed to make our colleges and universities equitable, fair and open to diverse populations. Confining latitude and judgments about the scope of admissions procedures and aspirations to add greater diversity to their student bodies would rob colleges and universities of the very autonomy and freedom in their affairs that makes us the envy of the world. The shape of the future of diversity at our colleges is at stake and college presidents must weigh in with all the authority they can muster.
The voices of college presidents have to be front and center in this debate and in the Court’s verdict. John Kemeny’s wisdom is a mantle that today’s presidents and those of us concerned diversity and equal opportunity on our campus must take up.
Stephen J. Nelson is professor of educational leadership at Bridgewater State University and Senior Scholar with the Leadership Alliance at Brown University. He is the author of the recently released book, John G. Kemeny and Dartmouth College: The Man, the Times, and the College Presidency. He has written several NEJHE pieces on the college presidency.