Federal Nondiscrimination Law Regarding Diversity

June 26, 2018
Art Coleman and Jamie Lewis-Keith

Earlier this month, the College Board, NASFAA, and EducationCounsel released a new publication, Federal Nondiscrimination Law Regarding Diversity: Implications for Higher Education Financial Aid and Scholarship Policies and Programs.  This resource provides guidance to enrollment professionals around financial aid strategies and scholarship policies involving the consideration of race, ethnicity and sex that advance the institution’s diversity goals and are legally sustainable.
Financial aid and scholarship policies and practices are subject to the same federal nondiscrimination laws as admissions programs, but unlike admissions, they have not generated significant attention or been the subject of Supreme Court decisions.  Notably, the current legal landscape now involves an increased number of federal litigation and agency enforcement claims that reflect an expanded scope (beyond admissions), including allegations of race and sex discrimination in financial aid, as well as co-curricular and similar programs.
Advancing the diversity-associated mission of institutions of higher education requires attending to the imperatives of good policy and legal sustainability.  This guide seeks to elevate awareness of how to do that, with a focus on financial aid and […]

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The Role of Student Experience in Postsecondary Completion

The Mindset Scholars Network in cooperation with
EducationCounsel and the Raikes Foundation invite you to a briefing on:
The Role of Student Experience in Postsecondary Completion
Tuesday, June 4, 2019
4:00 p.m. – 5:00 p.m.
Russell Senate Office Building, SR-385
With only about half of all students who enroll in postsecondary education completing a degree, institutions and policymakers are seeking evidence-based ways to improve college completion and advance equity. Leading researchers Claude Steele, Stanford professor and author of Whistling Vivaldi and Other Clues to How Stereotypes Affect Us, Mary Murphy of Indiana University, Greg Walton of Stanford University, and Lisa Quay of the Mindset Scholars Network are engaged in efforts to better understand how students’ experiences impacts their persistence and completion and are developing evidence-based actions institutions can take to support postsecondary completion.
Read the Full PDF.

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How rising teacher pension costs hurt school districts

by SARAH BUTRYMOWICZ
Originally posted at www.hechingerreport.org on April 22, 2019.
States try to rescue their pension systems from bankruptcy, leaving less money for classrooms and teacher pay
COLORADO SPRINGS, Colo. — Glenn Gustafson was already bracing for a rough Valentine’s Day. Looming on his calendar was a sure-to-be-wrenching meeting to cut $10 million in spending from the Colorado Springs School District’s budget, a move largely forced by rapidly declining enrollment as families moved out of the district and singles moved in. Gustafson, the district’s CFO and — according to his wife — the “world’s only extroverted accountant,” had dubbed the meeting the “St. Valentine’s Day Massacre.”
And then, the week before the scheduled budget bloodshed, he attended a presentation by the director of the state’s pension system and got some unpleasant news. Gustafson learned that his district might have to slash an additional $890,000 next year, as part of the state’s latest attempt to make the system solvent by 2049.
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Societies Consortium on Sexual Harassment in STEMM

The Societies Consortium on Sexual Harassment in STEMM is a unique collective act of leadership and accountability to advance excellence in science, technology, engineering, mathematics and medical fields (STEMM).  This initiative is providing customizable model policies (with embedded menus of options for flexibility), policy-law guidance, and practical tools to advance professional and ethical conduct, climate and culture in societies’ own operations and STEMM fields broadly, in support of the inclusion of all talent and excellence in the fields. Through a collective effort and investment, the consortium model can develop high-quality resources that benefit from multiple perspectives and national expertise, in a time and cost-efficient manner.  Toward these aims, the Consortium’s strategic focus is building communities actively intolerant of sexual and intersecting bases of harassment and building bridges for collective efforts across STEMM—among societies, academic and research institutions, teaching hospitals and others, as well as researchers, faculty, and students.  Launched in December 2018, there are currently 100  Inaugural Members (with the inaugural period ending on April 1, 2019). Membership remains open, however, with Societies continuing to join or exploring to […]

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Race in admissions in the wake of the Texas Tech resolution

By Art Coleman, JD, and Jamie Lewis Keith, JD.
Originally posted at www.aamc.org on April 12, 2019.
Medical schools may continue to pursue the all-important goals of diversity and inclusion while following the principles of law.
This week we learned that the U.S. Department of Education Office for Civil Rights (OCR) had resolved a complaint filed almost 14 years ago against Texas Tech University Health Sciences Center (TTUHSC). TTUHSC School of Medicine signed a resolution agreement ending the practice of considering race in admissions unless and until such time that it determines such consideration to be appropriate under the federal legal standards outlined by the OCR — and on the condition that it provides advance notice of that change to the OCR.
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AAAS and EducationCounsel to Update Legal-Policy Guidance to Advance Campus Diversity Efforts

Originally posted at www.aaas.org on March 27, 2019.
While the legal landscape has become increasingly challenging, advancing diversity, equity and inclusion in STEM remains doable if you do it right,” said Jamie Lewis Keith, Partner at EducationCounsel. “We are enormously grateful to the Alfred P. Sloan Foundation for enabling AAAS and EducationCounsel to partner on this critical work to equip higher education institutions and their policy and legal leaders with guidance, strategies and practical tools they need to stay strongly committed. A team-oriented focus on what can be done—and how to do it effectively, but wisely—will help institutions meet new and developing challenges successfully.
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Leading science, education, and medical organizations announce new initiative: Societies Consortium on Sexual Harassment in STEMM

February 15, 2019 | By Jamie Lewis Keith, Partner
A recent 2018 consensus study by the National Academies of Sciences, Engineering and Medicine titled, Sexual Harassment of Women: Climate, Culture and Consequences in Academic Sciences, Engineering and Medicine (Academies Report), reported that sexual and gender harassment remain widespread and prevalent, and have negative outcomes for women, as well as others (albeit at lesser rates):

Greater than 50 percent of women faculty and 20-50 percent of women students encounter or experience sexually harassing conduct in academic science, engineering, and medicine (Academies Report 65) and women with multiple societal identities targeted for bias experience harassment at even greater rates (p. 44-46).

Recognizing sexual harassment as a barrier to excellence, the newly launched Societies Consortium on Sexual Harassment in STEMM is a collective act of leadership and accountability—53 societies strong and counting—to advance inclusion and success of all talent in science, technology, engineering, mathematics, and medical (STEMM) fields. Collective efforts on this scale don’t happen often (the full press release can be read here).
By bringing together academic and professional societies of every size and […]

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Lawyers on Race-Conscious Admissions: ‘This is Doable. But Also, Do it Right.’

January 31, 2019 | Chronicle.com
By Nell Gluckman
If part of the intent of the recent affirmative-action lawsuits brought against universities was to send a chill through admissions offices, it doesn’t seem to be working. Most of the discussion at a conference here this week on race and admissions was about how to do a better job bringing underrepresented minority students to campuses, not about whether it can be done at all.
“We do have to be creative about solutions on equity,” said Stella M. Flores, an associate dean and associate professor at New York University.
Read the full article at Chronicle.com.

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Using ESSA to Improve School Climate and Social and Emotional Development

The Every Student Succeeds Act (ESSA), which passed in December 2015, laid the groundwork for two significant shifts in education reform in that it (1) shifted significant authority and responsibility for designing key education systems from the federal level to states and districts; and (2) prioritized college and career ready outcomes for all students – allowing for a broader focus than the strictly academic nature of its predecessor, the No Child Left Behind Act (NCLB) – and required that all systems be aligned toward those outcomes.

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Colleges must protect free speech, but not when students feel unsafe

The new academic year is now well upon us with the return of hundreds of thousands of students to college this fall. And it’s a time unlike any in recent memory. The nation’s political divide is stark and conspicuous on campuses across the country where protests centering on issues of race, religion and free speech are rampant.

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