SCOTUS Fallout
And the urgency of leadership within the Academy
The SCOTUS rulings that dismantled Affirmative Action and President Biden’s Hail Mary attempt to eradicate student debt came a day apart, but combined they will have long lasting impacts on the academy. Most of the analysis is on each separately, but in keeping these two rulings separate, we miss out on the big picture.
The bulk of the analysis from the cable news pundits is focusing on whether the ruling on student debt is a ‘loss’ for Biden in 2024 with young voters who did not receive the relief they were hoping for. My perspective on this, Biden was always on shaky ground no matter what was out there in the public relations. This is a legislative matter, but it is also an industry failure. Keep an eye on Biden and Sec. Cordona’s deployment of the Higher Education Act to attack student debt, and consider what your institution should be doing to act in good faith for borrowers moving forward.
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The Affirmative Action ruling is - deservedly - getting a great deal of coverage in the news and on social media, but because the public sentiment and understanding of Affirmative Action is muddy and not as clear cut as that around women’s reproductive freedom, there is a great deal more desire by mainstream media to bring in ‘both sides’ of the issue. Further complicating the issue are the soundbites from Chancellors, Presidents and Board Chairs which usually include something to the effect of ‘we are evaluating our next steps.’ While some institutions who were quick to put out their Black History Month, Hispanic Heritage Month and Women’s History Month posts on social media were - oddly - silent. The tone deaf decision by SCOTUS is summed up by a colleague who put it better and more succinctly than I can, “They’re not asking us to ignore RACE. They’re asking us to ignore RACISM.”
The Affirmative Action ruling is specifically putting the admission practices of ‘elite’ campuses in the spotlight. As I always say, “the important thing is the process”. And Harvard and UNC’s process is what got the ball rolling. Anything with a ‘checklist’ or a ‘scoring system’ should make you scratch your head and seek out better, more holistic processes. And while legacy admissions are still completely acceptable to the court (and many campuses), HigherEd needs to find a new path. Regardless if your campus is elite or not, because this ruling says to black and brown students, you aren’t wanted here. And if you don’t believe me, look at the long adjustment of the University of California system’s enrollment practices in order to attract students of color.
We’ve known for some time that competition to yield a healthy class is increasingly cut-throat. And the desire for students to secure a spot in their dream school has advanced criminal acts and headline grabbing fiascos. For the last 5 years there has been an increase in what I call “tier to tier class grabs” where more competitive campuses broaden their academic standards to attract students who years prior may not have advanced past the wait list. As we’re aware, this has resulted in open access institutions at risk of closure, largely due to the “middle of the pack” campuses reaching down in order to protect their campus numbers, which were wooed away by the tier above them.
Students, especially Black, Brown and LGTBQ+ students are feeling very very vulnerable right now. And the high touch and aggressive enrollment tactics that are out there may result in students and their families taking on a larger debt load than ever before, especially as they seek belonging.
These “middle of the pack” campuses with tuition, room and board at figures ranging from $45 to $60 thousand a year are doing backbends to attract students. Using sexy “Trustee Scholarships” and other tactics to lure students to campus and complicating the net price for students and their families. Of particular concern are first generation students and what I like to call “first gen-res” students. “First gen-res” students represent that population of students whose parents had earned a degree but did not get the residential college experience, and this is their first bite at the campus life apple. These students are particularly vulnerable to these scholarships which are bundled with grants and loans. The discount rate is compelling, but the repayment is overwhelming. Especially when students don’t earn a degree.
This brings me back to the SCOTUS rulings. At this point, campuses are strategizing the fallout from the Affirmative Action decision, and leaving the student debt to the USDOE and the White House. But, let’s be honest, campuses are all about what is going to protect their bottom line. Students, especially Black, Brown and LGTBQ+ students are feeling very very vulnerable right now. And the high touch and aggressive enrollment tactics that are out there may result in students and their families taking on a larger debt load than ever before, especially as they seek belonging.
Now is the time for campuses to be considering not only admission practices, but also affordability and graduation practices. Campuses who go beyond what is required of them to show college price and lean into improving graduation rates as well as social and economic mobility can have a real impact for the future of their alumni.
My advice? Commit to be better as an institution as far as services, graduation rates and social mobility, but also commit to attacking student debt load from the institutional level. Does it mean a tuition reset, annual tuition decreases, or some other tactic? That is up to your campus executive leadership, and what your institution can truly sustain. But let’s be clear, should the Academy’s lack of leadership as it relates to access, affordability and social mobility continue, not only will campus diversity deteriorate, but so will our purpose.
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Dr. Laura De Veau is Principal & Founder of Fortify Associates, LLC. Fortify Associates, LLC is unique in the higher education, not-for-profit, and public service market providing comprehensive workshops, program reviews and project management services with a combination of in-person and virtual delivery. We are committed to creating experiences that are unique to the needs and culture of each of their clients. Fortify Associates wants to elevate your organization and help you optimize your workplace.
Summer Sabbatical
Dr. De Veau will be taking a bit of a break. “What’s Up in the Academy?” will return to your mailboxes on Wednesday, August 9th. And Season 3 of “Office Hours with Dr. De Veau” will be premiering the week of September 11th. Enjoy your summer, and thank you for being a subscriber.