Statement for Regent Hearing on Admission Policy

People tell me I am known for my constant criticisms of University of Wisconsin System diversity programs and admissions policies. That may be true. But, today I take a different approach. I want to relay several suggestions to you. My hope is that sooner rather than later we can move beyond race/ethnicity. Our goal must be to build an ever stronger UW System, one that through its central mission of teaching, research, and public service, best moves the State of Wisconsin forward.

For the past decade you and your predecessors, have politely listened to my views on these matters–that
—race/ethnic preferences are illegal under Chapter 36 of the Wisconsin Statutes;
—race/ethnic preferences are politically suspect because they are at odds with the Civil Rights Act of 1964;
—race/ethnic preferences in admissions are unfair to both minority and non- minority students because of their stigmatizing and stereotyping effects;
—UW System and UW-Madison know too little about the educational benefits of diversity programs to justify their strong defense of these programs;
— —UW System minority programs have entailed hundreds of millions of dollars of expenditures while accomplishing little in advancing the well being of the state’s minority student population; and finally
—UW System faculties, for what would seem to be obvious reasons, should be involved, or at least consulted, in decisions to change admissions policies.

To many Wisconsin citizens, the UW System appears to be mired in the quicksands of diversity. Recent interviews with the UW-Madison Chancellor (Badger Herald January 25, 2007), and interim Dean of Students (Badger Herald January 25, 2007), as well as a Daily Cardinal Editorial (Tuesday January 23, 2007), attest to this. Taken together, they suggest that though progress is being made in expanding diversity, much still remains to be done, and the proposed “holistic” admissions process is essential to preserve if not strengthen diversity. In short, campus administrators seem to believe that minority programs developed in the late 1960s and early 1970s, and continued since then, can succeed in the early 21st Century, but only with the help of “holistic” admissions. Is there no other way?

Four intriguing suggestions came forward last week. They originated not from campus administrators, not from the faculty, not from the diversity program staff, not from outsiders. Three were put forth by undergraduates. The fourth is my suggestion.

The first suggestion comes from Daily Cardinal columnist, Anna Williams, “Affirmative action undermines equality” (January 24 2007). She discusses the lack of fairness in “comprehensive review” which by considering race/ethnicity sets a different standard for minority entrants. She elaborates the conflicted views it produces in both minority and non-minority students. It leads to both stereotyping and stigmatization, neither of which is productive in a university setting.

Why doesn’t the Board ask those people who are most affected–our students–
whether they favor comprehensive review and its use of race/ethnicity as one among a number of considerations affecting admissions decisions? Let’s ask individual students what they think; we know what student organizations are likely to say. And, let’s be sure to ask both those who are admitted competitively and those who receive extra consideration because of their race.

A second suggestion comes from Daily Cardinal columnist Enye Langree, “Bottom-up approach a must for diversity” (Tuesday January 23, 2007). Landgree concludes that top-down efforts such as Plan 2008 and the programs it spawned (e.g., the PEOPLE program) “are too narrow to have the necessary impact on UW diversity levels.” The solution is to work from the bottom up. Enlist students in the cause of diversity by “offering them a way to help out that won’t interfere with their studies.” What is needed is a broad base of student support and a program that taps into student time, interest, and energy.

How can the Board of Regents engage UW System students in helping to alleviate the varied conditions that perpetuate poverty and contribute to the low academic achievement of so many minority children? Perhaps the Board should develop what might be called a ServeWisconsin program, analogous to the national TeachAmerica program. Doing so would move us far beyond the empty statement that “diversity is everyone’s responsibility.” We all know that everybody’s responsibility is really nobody’s responsibility.

The third suggestion comes from Badger Herald columnist, Bassey Etim, “Public schools, property taxes spur lack of diversity” (Tuesday January 23, 2007). Etim who is black concludes the only real solution to the UW System’s diversity problem is: “Fixing the Milwaukee Public Schools.” Public school funding must be restructured to provide greater equality of educational opportunity in the K-12 grades particularly in Milwaukee. He concludes: “Unless we address the property tax question, UW is going to need admissions and recruitment aimed at minority communities for the foreseeable future.”

Might not the Board of Regents broaden its Wisconsin Growth Agenda to push for greater equality of educational opportunity in the K-12 grades? Wisconsin can never produce a powerhouse state economy until quality K-12 educational opportunities are available to the state’s entire population, both minority and non minority. Realizing this goal poses a formidable challenge but one the Board and the UW System should seize to demonstrate their commitment to the Wisconsin Idea.

I offer a fourth proposal based on my Wisconsin State Journal Op-ed “Review admissions policies” (January 22 2007). It calls for an independent evaluation of diversity efforts at UW-Madison and the UW System. Many claims made for campus diversity programs are anecdotal, backed by neither quantitative nor qualitative evidence. Other claims are based on empirical assumptions that have never been verified, much less examined. The time has come put diversity programming on a sounder intellectual, research-driven foundation, one based on reality rather than rhetoric.

The Board of Regents would do well to commission an independent, outside appraisal of these and related issues. The results will better inform the Board as it considers what must be done to advance the widely-held goal of providing greater equality of educational opportunity for all Wisconsin young people.

In conclusion, before rushing to embed race/ethnicity even more deeply in campus admissions policies through adoption of a “holistic” approach, the Board should engage in a wide-ranging examination of other approaches to diversity. It should advertise its openness to new suggestions. It should consider these suggestions carefully. These suggestions should be on the table when next year the Board of Regents begins its review of Plan 2008. Any new diversity plan must break with the past if it is to achieve the long-run goals of fairness and equality we all seek to promote.

Note: The Badger Herald, Daily Cardinal, and Wisconsin State Journal items cited here can be viewed on their respective webpages.

Posted in Diversity/Affirmative Action (2006-07) | Leave a comment

Review Admissions Policies

Wisconsin State Journal :: OPINION :: A8
Monday, January 22, 2007

Chancellor John Wiley led a vigorous defense of UW-Madison’s admissions policy at last Thursday’s hearing by the Legislature’s committee on affirmative action.

Wiley stated that no applicant is admitted or denied admission based on race. If two applicants — a targeted minority and a non-minority — are equally well qualified, both are admitted.

What the chancellor failed to make clear is how application files of targeted minorities and non-minorities are handled. The complicated processing begins by attaching pink tabs to file folders of targeted minority applicants.

Coders then review files for completeness. If complete, coders apply the selective criteria for admitting highly qualified candidates. They apply other criteria for refusing admission to applicants with weak qualifications.

Applicant files that fall into neither category are referred to teams of admissions counselors for more careful review. Applying the current admissions criteria, they make decisions to admit or not admit.

But, targeted minority applicants not admitted get still another review. Their files are referred to two campus programs, TRIO and AAP, for minority and disadvantaged students. This referral assesses whether these applicants can succeed at UW-Madison with extra academic and other help these programs provide.

Chancellor Wiley is undoubtedly correct that minority and non-minority applicants who meet the selective criteria for admission are admitted without respect to minority status. But for less well-qualified applicants who otherwise would be refused admission, minority applicants get an extra chance at being admitted.

According to UW-Madison representatives, enrolling more minority students enhances the quality of undergraduate education. It does so by enabling minority and non-minority students to interact with one another and learn from each another. Though campus officials claim research supports that view, this same research has been critiqued as seriously flawed.

Not mentioned are some important negative effects. Most non-minority students are at least vaguely aware of the dual standard used. Knowing this leads them to wonder whether minorities in their classes earned their admission competitively — most of them did — or are there because race or ethnicity played a role in their admission. The resulting stigmatization is hardly conducive to enhancing diversity and improving campus climate.

UW-Madison should be more open and transparent about its admissions policy so that curious citizens do not have to attend legislative hearings or resort to open records requests to find out how it works. The UW should also be concerned that its special treatment of minority applicants under the pretext of increasing diversity has produced only limited results.

Is it not time for the UW Board of Regents to commission an independent, objective evaluation of its diversity program? That evaluation might well center on the question: What would be the benefits and costs of abandoning the use of race or ethnicity in its admissions decisions?

Posted in Diversity/Affirmative Action (2006-07) | Leave a comment

A Wisconsin Vote on Affirmative Action?

Op-Ed Submission to Capital Times 12/09/06, by W. Lee Hansen (574 words)

What if Wisconsin voters in the recent election had been asked, as Michigan voters were, to amend the state constitution to “ban public institutions from using affirmative action programs that give preferential treatment to groups or individuals based on their race, gender, color, ethnicity or national origin for public employment, education or contracting purposes”?
This question is timely because State Rep. Stephen Nass, R-Whitewater in a recent letter to the UW Board of Regents threatened to propose a constitutional amendment banning the use of race/ethnicity in admissions to UW System campuses. The possibility of such a vote would provoke a spirited debate on affirmative action.
The UW System Board of Regents and top UW-Madison administrators would oppose such an amendment. They would argue that diversity is central to the UW mission and essential to high quality education for all students. Without diversity, recruitment of minority faculty and underrepresented minority students will be imperiled. Lacking “diversity competence,” UW campus graduates will experience difficulty finding good jobs in the global economy. Moreover, using race as one among other factors in decisions to admit students is permissible based on a pair of 2003 U. S. Supreme Court decisions concerning the University of Michigan’s use of racial preferences.
Supporters of the amendment to ban affirmative action would argue that preferential treatment for underrepresented groups is unfair. Everyone should be held to the same standard. Preferences stigmatize these preferred groups, leading others to question whether those hired or admitted would have earned their places based on merit alone. Though Wisconsin law already prohibits UW campuses from discriminating in hiring and admissions decisions, the law is not enforced.
What if in the last election both the affirmative action ban and the marriage definition amendment had been on the Wisconsin ballot? In opposing the redefinition of marriage, the Regents would have found themselves arguing that people should not be denied equal rights because of their sexual preferences. In opposing the ban on affirmative action, they would have been defending unequal rights–giving preferences to minorities in hiring, admissions, and contracting is okay.
How might Wisconsin vote on an affirmative action ban? A statewide poll several years ago showed 84 percent of respondents opposed “the use of race and ethnic preferences in determining who should be admitted to the University of Wisconsin.” The opposition ran deep, with 77 percent of minority respondents and 76 percent of Democrats opposing race and ethnic preferences.
Pre-election polls in Michigan showed similar opposition to affirmative action. That opposition was confirmed when Michigan passed the amendment banning affirmative action by a decisive 57 to 43 percent margin.
Increasingly desperate actions have fueled public skepticism of efforts to increase diversity here in Wisconsin. The latest include “taxing” UW-LaCrosse students with an extra tuition charge to increase diversity on their campus, adopting a “holistic” approach to campus admissions decisions for the avowed purpose of increasing minority enrollment, and launching the Orwellian Think Respect program at UW-Madison to make the campus climate more welcoming to minorities.
When will UW System leaders finally recognize their band-aid approach fails to deal with the root cause of low minority achievement. Despite countless diversity programs and hundreds of millions of dollars spent on affirmative action over the past four decades, the results remain disappointing.
Until minorities can create a culture of learning in their communities, families, and children, diversity programs can do little to help achieve the world of equal educational opportunity we all support.
##
Submitted by W. Lee Hansen, Emeritus Professor, Economics, UW-Madison
3215 Topping Road , Madison WI 53705, 608-238-4819 wlhansen@wisc.edu

Posted in Diversity/Affirmative Action (2006-07) | Leave a comment

New and Continuing Threats to Academic Freedom: Causes and Solutions

Presented at Academic Freedom Conference, Boyd School of Law, University of Nevada, Las Vegas, October 14, 2005

I greatly appreciate this opportunity to discuss with you the current state of academic freedom and tenure, and its corollary, faculty governance. I have spent considerable time over the past decade thinking about the challenges we all face and how best to confront them. I hope my comments will help you grapple with the problems you face here in Nevada.

Introduction

My subject concerns the preservation of academic freedom at colleges and universities where, in the words of John Henry Newman,
“. . . inquiry is pushed forward, and discoveries verified and perfected, and rashness rendered innocuous, and error exposed, by the collision of mind with mind, and knowledge with knowledge.”

Or, in words that capture the meaning of academic freedom at the University of Wisconsin-Madison,
“WHATEVER MAY BE THE LIMITATIONS WHICH TRAMMEL INQUIRY ELSEWHERE, WE BELIEVE THAT THE GREAT STATE UNIVERSITY OF WISCONSIN SHOULD EVER ENCOURAGE THAT CONTINUAL AND FEARLESS SIFTING AND WINNOWING BY WHICH ALONE THE TRUTH CAN BE FOUND.” (TAKEN FROM A REPORT OF THE BOARD OF REGENTS IN 1984) MEMORIAL CLASS OF 1910.ii

To promote inquiry and the search for truth, the American Association of University Professors, through long and painstaking effort, developed the concepts of academic freedom and tenure, due process, and faculty governance. These concepts are central to the world-wide preeminence of American higher education. As inheritors of this unique legacy, we must do everything we can to protect it, lest the purposes of higher education be compromised.

I address three questions. First, what are the current threats to academic freedom, tenure, and faculty governance? Second, what forces gave rise to these threats? Third, what must be done to counter these threats?
This last question can be stated more specifically: How can we promote among the general public, state legislators, governing boards, top campus administrators, faculty and staff members, and students an improved understanding of the nature and importance of academic freedom and its corollary, faculty governance?

Current Threats

Today, academic freedom, tenure, and faculty governance are all threatened. In the early post-World War II years, the threat came from outside. At that time the country was preoccupied by Cold War-inspired concerns about the influence of Communists and their sympathizers in American society. Federal and state loyalty oaths were instituted. Many college and university faculty members came under attack for their political views. Some were dismissed for holding these views. Others were dismissed because they refused to divulge their views.

These actions produced a chilling effect on speech both inside and outside the classroom. Fortunately, this brief episode in American history known as McCarthyism soon passed.iii Its effects are remembered now only by older generations of academics.

Today’s threats come from both outside and inside academe. The threat from outside bears no resemblance to that of the post World War II years. The nature of this threat is best captured in the words of Salman Rushdie, the world-famous author of the 1988 book, The Satanic Verses. That book, which through its parody of Islam incurred the ire of Iran’s Ayatollah Khomeini, caused Rushdie to be charged with apostasy, and Khomeini proclaimed a fatwa, calling for Rushdie’s death. These following passages from his recent book, Step Across the Line, pinpoint the problem.

We live in an increasingly censorious age. By this I mean that the broad, indeed international, acceptance of First Amendment principles is being steadily eroded. Many special-interest groups, claiming the moral high ground, now demand the protection of the censor. . . . I would like to say a little about just one of the weapons of this resurgent lobby . . .the concept of ‘respect’.

On the surface, ‘respect’ is one of those ideas nobody’s against. . . But what we used to mean by respect . . . has little to do with the new ideological usage of the word. . . . Very few people would object to the idea [for example] that people’s rights to religious belief must be respected after all, the First Amendment defends these rights as unequivocally as it defends free speech, but now we are asked to agree that to dissent from those beliefs, to hold that they are suspect, or antiquated, or wrong; that, in fact, they are arguable is incompatible with the idea of respect. When criticism is placed off limits as ‘disrespectful’, and therefore offensive, something strange is happening to the concept of respect.

I want to suggest to you that citizens of free societies, democracies, do not preserve their freedom by pussyfooting around their fellow-citizens’ opinions, even their most cherished beliefs. In free societies, you must have the free play of ideas. There must be argument, and it must be impassioned and untrammeled. A free society is not a calm and eventless place-that is the kind of static, dead society dictators try to create. Free societies are dynamic, noisy, turbulent, and full of radical disagreements. Skepticism and freedom are indissolubly linked.

In short, this new demand for ‘respect’–this coerced mandatory agreement— is like poison in a well. It affects the well-being of everyone but particularly those of us who are teachers and researchers.

Current threats to academic freedom, tenure and faculty governance take several forms.

The first, already mentioned, is about ‘verbal harassment’ or lack of respect–that all views must be respected even though some may be suspect, antiquated, or wrong..
The second is marked by attempts to redefine the meaning of academic freedom to fit new and unsettling views about the nature of modern universities and the search for truth they embody.
The third is the growing willingness of university presidents and governing boards to override the principles of academic freedom and faculty governance in their efforts to discipline and dismiss tenured faculty members, staff, and students.

These are almost unimaginable developments, especially when they occur at one of the nation’s preeminent research universities, namely, the University of Wisconsin-Madison.

Threat No. #1: Limiting speech

This first threat took the form of campus speech codes. These codes were intended to limit speech, described as ‘verbal harassment,’ that might offend (show disrespect to) minority students and to penalize those who violated these codes. Speech code proponents argued that without these restrictions increasing minority enrollment would be difficult. So also would be retaining minority students because many would feel uncomfortable, perform less well academically, and be more likely to drop out or transfer before completing their degrees.

The perverse effects of the speech codes became quickly apparent. The codes exerted a chilling effect on student discussion both within and outside the classroom. Students became more wary about what they said in class. Moreover, they found it less easy to disagree particularly in discussions of controversial issues, such as racism. The resulting atmosphere led professors to compromise what they taught and to limit what students could learn; faculty members simply avoided controversial issues that might give offense to members of minority groups. They also became cautious in their interactions with students, particularly their interactions with minority students, the very group the speech code was intended to help.

Wisconsin’s student speech code was declared unconstitutional in 1991. The UW-Madison’s faculty speech code was finally abolished by the Faculty Senate in 1999. What proved to be surprising is how few complaints were filed against other students or faculty members. Since the demise of these codes, other approaches have been devised to limit speech. Most important is the effort to create a more ‘welcoming’ campus climate, now under the guidance of a new Associate Vice Chancellor for Diversity and Climate. Despite these efforts, campus administrators continue to fret about the ‘unwelcoming’ campus climate.

Threat #2: Redefining Academic Freedom

A second threat comes from those who want to redefine the meaning of academic freedom to accommodate the push for greater racial/ethnic diversity. They call for setting out a new set of rules that would displace the long-established, AAUP inspired principles of academic freedom and tenure, and faculty governance. We see it in the relaxed standards for tenure often applied to minority faculty. We see it in statements from administrators that criticism of racial/ethnic diversity policies and programs is not acceptable.

Here at UW-Madison, the former Dean of the College of Letters and Science, in several public statements, campaigned to redefine the concept of academic freedom. His ostensible goal was to accommodate the new fashion of diversity and multi-culturalism, under the guise of creating a welcoming, supportive ‘community’. Under his definition, faculty members would be discouraged if not prohibited from criticizing these new developments and their associated implications, as they applied to teaching, research, and department decisions on hiring, granting tenure, and shaping the curriculum.

The Dean’s effort struck many colleagues as strangely out of the character of his office. His predecessors had all stoutly defended traditional AAUP approaches to academic freedom, tenure, and faculty governance. Indeed, as AAUP president, one of them helped author the AAUP’s famous 1940 Statement on Academic Freedom and Tenure. Two other UW-Madison faculty members also served as AAUP presidents, both at critical times; they helped to solidify the procedures for dismissals and set out the principles of faculty governance. Sadly, the Dean’s proposal appeared in a volume of essays commemorating the University of Wisconsin’s 150th year anniversary. Fortunately, the Dean’s effort has failed to ever gain traction.

Threat #3: Violating the Compact

The third threat also comes from inside academe but from a surprising source-the UW System and the Board of Regents. Knowledge of this threat emerged with the dismissal of a tenured faculty member from another UW System campus. In firing this individual, the Board of Regents invoked a new standard of ‘just cause’. In so doing, it ignored the clear statement in Wisc Stats 36.13 (3) which states “The Board and its several faculties after consultation with appropriate students shall promulgate rules for tenure and probationary appoints, for the review of faculty performance and for the nonretention and dismissal of faculty members.” It also ignored Wisc Stats 36.13 (5) which states: “The Board and its several faculties shall develop procedures for the notice and hearing which shall be promulgated under ch. 227.” In applying what is known the Safransky Standard and the due process procedures accompanying its application, the Board did not follow either of these stipulations. Moreover, the Board failed to follow due process procedures in reaching its decision to fire the individual in question.

The UW System and the Board have been unresponsive to entreaties from the ‘several faculties’, including the UW-Madison Faculty Senate, to meet and reach agreement on what constitutes ‘just cause’. They also assert, quite erroneously to my mind, that the standard being applied is consistent with AAUP standards.

These developments are an occasion for great sadness. The University of Wisconsin-Madison has always served as a beacon light for academic freedom and tenure, due process, and faculty governance. The Board’s unilateral actions erode the principles of academic freedom, undercut tenure and due process, and display a serious disregard for faculty governance. If these actions stand, the greatness that has long characterized the UW-Madison will be imperiled.

What Accounts for these Threats?

Several recent developments set the stage for the gathering strength of threats to academic freedom, tenure, and faculty governance. As Rushdie’s comments make clear, we live in an increasingly polarized, litigious age. People are less tolerant of views not their own. Indeed, many are both hypersensitive and hypervigilant, reacting strongly to innocent or unwitting comments made by others, whether directed at them or not. We also live in a period when the political views of faculty members are to the left of the views of their students. Reports of ‘bias’ in the classroom undermine the confidence of both students and the general public in the objectivity of what is being taught and learned.

While these developments are important, the culprits must be sought elsewhere. One is the growing lack of understanding of the importance to colleges and university faculty members of the protections of academic freedom and faculty governance. Most faculty members who remembered the McCarthy era have long ago retired. In the absence of any new external threats, their replacements have became complacent.

1990s, but they came from within and consequently were not immediately recognized as threats. One was the already-mentioned push for racial/ethnic diversity. Another was the growing dominance of deconstructionism and its proposition that there is no absolute truth.

Perhaps even more important is the shift in the allegiance of faculty members from their institutions to their disciplines. Faculty members are increasingly interested in furthering their research rather than helping to maintain and promote academic freedom and governance at their own campus. It is much more rewarded for faculty to focus on their research, and they can now more readily than ever collaborate with colleagues around the world through email while sitting in their offices. Finally, the rewards for being, in the words of David Riesman, a ‘local’ instead of a ‘cosmopolitan’ have steadily diminished.

The capacity of faculty members to counter these trends had also weakened or is perhaps a reflection of these developments. Membership in the organization that guards academic freedom, tenure, and faculty governance, the American Association of University Professors, declined precipitously in the early 1970s. Its membership dropped from more than 91,000 in 1971 to 66,000 in 1981, continued its decline to a low of 40,000 in 1989 and since 1993 has stabilized at about 44,000.

Even more disconcerting is the diminished allegiance of campus administrators to the principles of academic freedom and faculty governance. Years ago campus leaders (Presidents, Chancellors, and Provosts) were drawn almost exclusively from the ranks of faculty members; even when they occupied administrative positions, they continued to view themselves first and foremost as faculty members. Now, campus leaders are recruited through national searches and, as they rise through the ranks by moving from one institution to another, have come to see themselves as part of a new ‘administrator class’. Their itinerant career histories limit their appreciation for and understanding of academic freedom, and their ‘investment’ in the academic culture of the institutions they currently serve is likely to be limited. Even when top campus administrators remain committed to academic freedom, tenure, and faculty governance, they are also called upon to do raise private funds, extend research, improve teaching, deal with the federal government regulations, promote the university’s image, and interact with the local community.. Something has to give. The steady decline in the number of top administrators who belong to the AAUP may be indicative of the troubling compromises they must make.

A dramatic example of the declining importance of academic freedom, and to a lesser degree, faculty governance, is revealed by a review of the advertisements for Executive Positions in six recent issues of the Chronicle of Higher Education (September 2, 2005 through October 7, 2005). During this period, approximately 75 unduplicated display advertisements for college and university Presidents, Chancellors, Provosts, and Vice-Chancellors appeared that listed the desired qualifications/requirements for the position. Only two of these 75 institutions mentioned a commitment to academic freedom, though 15 did list a commitment to faculty or shared governance. Only two institutions listed both academic freedom and governance; one was a historically black college, the other a pubic university in a larger state system.

What about college and university governing boards? A check with the Association of Governing Boards of Colleges and Universities reveals a variety of materials available for newly-appointed members of campus governing boards. A cursory examination of these publications indicates little or no attention to academic freedom and governance. Thus, it would appear that too little is being done to educate new governing board appointees, many of whom come from the private sector, about the unique character of colleges and universities, the importance of academic freedom and tenure, and the constructive role of faculty governance.

What To Do?

First, the AAUP’s preeminence in setting the gold standard for academic freedom and tenure, due process, and faculty governance in higher education must be recognized. Its carefully developed policy statements include among others, the 1940 Statement of Principles of Academic Freedom and Tenure, Recommended Institutional Regulations on Academic Freedom and Tenure (1957), 1958 Statement on Procedural Standards in Faculty Dismissal Proceedings, and Statement on Government of Colleges and Universities (1967). All four of these statements can be found in the AAUP ‘Redbook’, Policy Documents and Reports.

Second, everyone in academe and everyone associated with it the general public, state legislators, campus governing boards, top campus administrators, faculty, staff, and students needs to possess a better understanding of the meaning and importance of academic freedom and tenure, due process, and faculty governance. Copies of the ‘Redbook’ should be in the hands of every college and university president, all senior campus administrators, all members of college governing boards, and every faculty member.

Third, there needs to be a commitment to rebalance institutional priorities, in favor of academic freedom and tenure, due process, and faculty governance, and away from other projects that intrude upon and impede the search for truth.

Exactly how these challenges are to be accomplished cannot be elaborated here today. But, these are matters that all of you need to be thinking about if we are to preserve the bedrock principles that are so central, in the century-old words of University of Wisconsin Board of Regents, to the ‘continual sifting and winnowing by which alone the truth can be found.’

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Op-Ed Submission on UW Diversity and Plan 2008

April 28, 2004

Is anybody paying attention to Plan 2008? Doesn‘t anyone care that after five years, little or no real progress has been made?

Plan 2008 was adopted unanimously by the Board of Regents in Spring 1998. Earlier it had been enthusiastically endorsed by campus administrators and faculty groups. When adopted, the plan was hailed for its promise to improve campus climate and achieve proportional representation in targeted minority student enrollment, retention, and graduation rates.   Since then, substantial amounts of money and human effort have been mobilized to support the more than three-decade-long quest for greater diversity.

What explains the lack of progress? Is it inadequate financial resources? Hardly, when last year UW System spent more than $35 million and UW-Madison more than $12 million on Plan 2008. Is it lack of sufficient staff? Hardly, when several high level UW-Madison officials lead the effort, supported by a large corps of academic staff, lengthy lists of “partner” organizations, and annual diversity forums. Not enough accountability? Hardly, when a mind-boggling array of oversight committees and subcommittees exist to ensure that Plan 2008 works.

If not these reasons, why hasn‘t there been greater progress?

Unrealistic goals? That is what UW-Madison‘s Vice Chancellor for Student Affairs suggests in describing the situation as involving “a long uphill battle.” Does the Vice Chancellor, an architect of the Plan, mean that its goals cannot be reached by 2008?

Lack of direction? Probably so, when UW-Madison Associate Vice Chancellor for Climate and Diversity says “our vision is not yet crystal clear.” Does this mean the Associate Vice-Chancellor, another architect of Plan 2008, still doesn‘t know what needs to be done or how to do it?

Lack of focus? Apparently so, when that same Associate Vice-Chancellor dismisses recommendations by an outside expert panel brought in last spring to review progress under Plan 2008. That panel called for concentrating more intensively on fewer programs rather than the dozens of diversity initiatives promised in the campus implementation document. Why spend more than $6,700 for an expert panel to evaluate Plan 2008 and then ignore its reasoned recommendations?

Lack of curiosity? This seems to be the case when in discussing faculty and staff retention, that same Associate Vice Chancellor says “We‘re trying to get a handle on why people leave.” Is this a new problem? Why couldn‘t the reasons for weak retention have been incorporated into Plan 2008 when it was formulated?

Failure to appreciate the depths of the problem? Why hasn‘t UW System Vice President for Academic Affairs and Senior Adviser to the President for Multicultural Affairs done more to document the implications of the tragic lack of academic preparation among many of Wisconsin‘s minority high school graduates? Such information would help students, faculty and staff, plus the general public, understand why it is impossible to enroll more of the state‘s targeted minority graduates, particularly African Americans, without lowering admission standards. This problem was made clear to Plan 2008 proponents back in 1998 but talking about it then was viewed as both impolite and racist.

The one bright spot touted by UW-Madison leaders is the People Program. It tries to prep small numbers of minority/disadvantaged students beginning in middle school to do well in high school, graduate, apply for admission, and enroll at this campus. Once here, these students are generously supported financially and otherwise.

What nobody knows is how many of the program‘s participants would have gone to college anyway, if not here then somewhere else. Nor has the program‘s high cost of producing each UW-Madison degree recipient been well publicized; the cost runs into the tens of thousands of dollars. To claim success for the People Program is misguided until it is carefully evaluated.

Plan 2008 and earlier diversity plans always emphasize “accountability.” But accountability means more than listing who is in charge of what. It means evaluating the performance of those in charge. Past practice has been to offer rewards, whether or not the goals are reached.

Now that everyone can see what little progress has been made, the time has come for the Board of Regents to follow through on the responsibility that goes with accountability. It is now time to find new leadership that will generate substantial forward movement in the pursuit of diversity.

Posted in Commentary (2000-2004), Preferrential Admissions | Comments Off on Op-Ed Submission on UW Diversity and Plan 2008

Revised Op-Ed Submission to Wisconsin State Journal

July 1st, 2003

Last week‘s Supreme Court allowing the University of Michigan to continue using race as one among many criteria in admitting undergraduate students reaffirms the Court‘s 1978 Bakke decision and Justice Powell‘s diversity justification for race-based admissions policies. But, does the recent Court decision make any difference?

Probably not because the Court avoided the fundamental question. Why after more than three decades of using affirmative action in making admission decisions are race/ethnic minorities still “under represented” in American higher education? Why haven‘t the many special programs for minority students and large expenditures on diversity produced a surge in minority enrollment and graduation rates?
The answer should be clear. It is the continued weak academic achievement of minority students in grades K-12. Because their academic achievement lags so seriously, the number of minority high school graduates who are academically competitive with non-minority high school graduates remains far short of that required to eliminate minority student underrepresentation in higher education.
How serious is the lag in academic achievement of K-12 minority students? To perform successfully in college students must demonstrate their competence in several areas of academic knowledge and skills. One indicator is showing “proficient” or “advanced” competence based on   Wisconsin‘s new standards-based state testing program.
Consider 10 graders. In reading, only 36 percent of blacks contrasted to 78 percent of non minorities (whites) test at the “proficient” and “advanced” levels. A quarter of the blacks, as compared to only 7 percent of non minorities, test at the lowest or “minimal” level of competence, indicating they demonstrate “very limited academic knowledge and skills” in reading.
In mathematics, only 23 percent of blacks compared to 76 percent of non minorities test at the “proficient” or “advanced” levels. Even worse, 40 percent of blacks test at the “minimal” level as contrasted to 10 percent of   non minorities. Similar patterns occur in language arts, science, and social studies.
Wide differences are also evident in both 8th grade and 4th grade test results. The roots of these differences extend back to the earlier grades and most important to the home environment before children begin school. As long as these differences persist, even the most aggressive forms of affirmative action are limited in what they can accomplish.
The difficulty of boosting minority enrollment is obvious. Blacks while representing more than eight percent of 10th graders constitute roughly four percent of 10th graders who demonstrate the necessary competence in reading to succeed in college. In math, the figure is less than three percent.
The solution is not to bend college admission standards by using race as a marker to enroll more minority students. The consequences of that approach are apparent in the extremely low graduation rates for minority students who are admitted because of their minority status. Here we see the shameless charade of pretending to help minority students through affirmative action.       Lack of serious attention by college and university officials to these differences in academic achievement is the central problem. True, they make pious statements about the need to improve K-12 academic achievement. True, they mount an ever-wider array of minority student initiatives to improve campus climate and increase persistence. True, they establish token pre-college programs for small numbers of middle or high school students.
But, what most concerns these officials is how to use affirmative action to boost their own and their institution‘s reputations by nudging their minority enrollment up by a few percentage points. What they fail to do is make certain these additional minority students can perform well academically and eventually graduate.
If diversity is really the goal, tinkering with admission procedures to ensure “fairness” is not enough. Instead, a higher education-led national crusade is needed to raise minority academic achievement throughout the K-12 grades. Only then will there be a large enough pool of academically competitive minority students to make diversity work.
College and university leaders, now no longer needing to defend using race-based admission standards, must roll up their sleeves to address this really serious challenge. It calls for figuring out how to raise minority students‘ academic achievement well before they reach college age.       If nothing is done, the need for affirmative action will persist well beyond the 25 year limit suggested by Justice O‘Connor. Allowing that to happen would be not only   irresponsible but also conflict with higher education‘s claim to work for the betterment of all segments of American society.

Posted in Commentary (2000-2004), Preferrential Admissions | Comments Off on Revised Op-Ed Submission to Wisconsin State Journal

UW Ignores Diversity’s Flaws

Capital Times Op-Ed, published Monday June 23, 2003

Diversity‘s positive educational benefits are central to the University of Michigan‘s defense of its admittedly race-based admission policy in the Gratz v. Bollinger case. The U.S. Supreme Court is likely to announce its decision on this case, which has become the focus of national debates about affirmative action, very shortly.

The educational benefits of emphasizing diversity are regularly celebrated by college and university officials across the country to support their continued use of racial preferences in admissions decisions. But, if diversity produces positive effects, might diversity also produce some negative effects? Like their Michigan counterparts, UW-Madison officials regularly assert, but without providing persuasive evidence, the substantial educational benefits of diversity while at the same time denying that minorities get preferential treatment. They too gloss over any negative effects. What are these effects? Why are they never discussed? As practiced at UW-Madison, diversity produces numerous negative educational effects. Most important, the new ideology of diversity corrupts the central mission of the university. Successful aspirants to high level administrative positions must be committed to diversity. Faculty, staff, and students who disagree with diversity and its implementation are reluctant to voice their criticisms. The result: Instead of a vigorous “sifting and winnowing” debate on diversity‘s educational effects, an unhealthy silence prevails. UW-Madison‘s commitment to diversity overrides important moral and legal precedents. It conflicts with the Board of Regents‘ historic 1952 resolution prohibiting discrimination on the basis of “race, color, sect, or creed” that forced fraternities and sororities across the country to eliminate their restrictive clauses. It turns upside down people‘s understanding of the historic 1964 Civil Rights Act, which outlawed discrimination based on race and ethnicity. It brushes aside the important and meaningful distinction between affirmative action to enlarge the recruitment pool and using racial preference in making admission decisions. It violates 1990 State of Wisconsin legislation explicitly prohibiting discrimination in admission based on race and ethnicity. It fails even to state correctly the language of that legislation, the UW-Madison application form describes the law as prohibiting students from discriminating against other students rather than prohibiting the institution from discriminating against students. It disregards the adverse effects of diversity on individual students. It ignores the stigmatizing effects of preferential admissions on two groups of minority students, those admitted on academic merit who cannot be distinguished from those admitted because of their race/ethnicity, and also those admitted based on race/ethnicity who are in effect told they have a good chance of success even though their academic records indicate the contrary. It fosters a negative image among non-minority students about the academic capabilities of minority students. Most students know about the double-standard for admitting minorities. Many are aware of the much lower graduation rate for minorities. Some witness the struggle of less-academically-prepared minorities in the classroom. It pressures campus-wide allegiance to diversity by regularly highlighting threats from corporate employers to quit recruiting unless the campus is more diverse. But nothing is said about whether this threat comes from a single employer or many employers. By failing to fight back, it concedes that UW-Madison graduates will be ill-prepared to compete for good jobs until the percentage of enrolled minorities rises from its current level to some higher but unspecified percentage level. These negative educational effects of diversity are real, pervasive, and insidious. They undermine public confidence in UW-Madison. They create tensions among students, staff, and faculty. They undercut UW-Madison‘s primary mission of producing new knowledge and communicating that knowledge to students and the general public. If this distinguished world class university takes its much-talked-about commitment to diversity seriously, why not mobilize its outstanding research capabilities to produce evidence on the effects of diversity, both positive and negative effects? Then, students, faculty, staff, and the general public can better assess for themselves the pros and cons of diversity.

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On the Education Effects of Diversity Panel Discussion on Gratz v. Bollinger

Presented at

Federalist Society Meeting, Marquette University Law School

Milwaukee, Wisconsin

April 1, 2003

The University of Michigan‘s central argument in the Gratz v. Bollinger case is that the positive educational benefits of diversity justify using race/ethnicity, as one among many factors considered, in making undergraduate admission decisions. The University of Wisconsin-Madison makes much the same argument in its effort to promote diversity and particularly minority enrollment. These institutions fail, however, to point out the adverse effects of diversity and race-based preferences in their admission policies and practices.

To remedy this shortcoming, I offer five propositions about the adverse educational benefits of diversity, focusing on the effects here at UW-Madison.

Proposition #1, UW-Madison seriously compromises its commitment to objectivity and academic freedom.

It rationalizes its policy of preferential treatment of minorities in admissions decisions by resorting to the novel ideology of diversity, and in so doing ignores the meaningful distinction between affirmative action and its artful euphemism, diversity.

It requires that candidates for appointment to campus leadership positions make a commitment to support diversity, as evidenced by published job descriptions.

It makes faculty who might question diversity reluctant to express their concerns for fear of being marginalized by campus administrators, a development that is particularly disturbing at an institution that prides itself on its famous 1894 “sifting and winnowing” defense of academic freedom.

It implemented, as a key element of UW-Madison‘s Madison Plan, student and faculty speech codes in the hope they would help create a non-discriminatory environment that would further the Plan‘s goal of increasing race/ethnic diversity. Because these codes failed to incorporate the basic tenets of due process, academic freedom has been compromised in favor of diversity.

Proposition #2, UW-Madison violates the fundamental, Constitution-based concept of equal treatment by favoring applicants for admission based on their race and ethnicity.

It uses diversity to legitimize race and ethnic-based discrimination, thereby turning upside down people‘s understanding of the intent of the historic 1964 Civil Rights Act which was to outlaw discrimination on the basis of race and ethnicity.

It ignores the path-breaking 1952 resolution by the Board of Regents that prohibited discrimination on the basis of “race, color, sect, or creed.”

It violates 1990 State of Wisconsin legislation, passed in full knowledge of the Bakke decision, explicitly prohibiting discrimination in admission based on race and ethnicity.

It fails in it official publications to state correctly the language of 1990 State of Wisconsin legislation that prohibited discrimination by the University of Wisconsin against individuals based on their characteristics, rephrasing it to prohibit discrimination between individuals.

Proposition #3, UW-Madison highlights what it views as the positive benefits of diversity while ignoring and in fact concealing its adverse effects.

It has assembled little or no evidence documenting the educational benefits of diversity at UW-Madison, relying instead on studies at other campuses, such as the University of Michigan whose undergraduate admission practices are distinctly different from those of UW-Madison.

It ignores the stigmatizing effects of its preferential admissions policy on two groups of minority students. One is those who are admitted based on their own individual merit but where the basis of their admission is not known to others. The other is those who would not have been admitted but who are told by being admitted that their chances of success are good even though the evidence shows their chances of success are very low.

It ignores the negative image that develops among non-minority students about the academic capabilities of minority students. Most students know about the double-standard for admitting minority students and its impact, notably the much lower graduation rate for minorities, especially for those who were not admitted on a competitive basis.

It regularly emphasizes statements from corporate employers that they will not recruit UW-Madison graduating seniors because the campus student body is not sufficiently diverse, and therefore these students will not be equipped to interact effectively with an increasingly diverse work force.

Proposition #4, UW-Madison, while priding itself as a world class research university, fails to carefully evaluate its multitude of diversity programs —to find out which work and don‘t work, and how well they work or don‘t work.

It has made little or no effort to evaluate the impact of its multitude of programs designed to improve minority enrollment, retention, and graduation rates. Indeed, it keeps adding new programs without any assurance they will work or that these new programs will not conflict with existing programs.

It is not able to describe in understandable fashion how its “holistic” freshman admissions process works. Nor has it undertaken any evaluation of the efficacy of this process on undergraduate admissions and on the academic success of minority students compared to non-minority students.

< It takes apparent pride in stating that it does not have any written documentation describing in detail how the “holistic” admissions process is carried out and the results it produces. Proposition #5, UW-Madison ignores the obvious fact that its efforts to increase minority enrollment depend on a substantial increase in the number of minority high school graduates who are motivated and competitively admissible.

It consistently fails and has done so for three decades to reach its goal of proportional representation of freshmen minority students, overall and for specific minority groups, relative to the distribution of minority high school graduates.

It fails to make clear that its inability to recruit sufficient competitively admissible minority freshmen students requires it to apply a double standard in admitting them, with adverse consequences for retention and graduation. It falls short despite admitting as many as a third of its minority students who would not be admitted using a color-blind standard.

It seems uninterested, despite occasional lip service, in joining with state leaders, both public and private, to help improve the academic performance of minority students in grades K-12 and to do what must be done at pre-schools levels so that much greater proportions of minority students entering elementary schools are equipped so succeed, to graduate from high school, and to qualify for post-secondary education.

Conclusion

UW-Madison has not provided convincing evidence supporting its claim that diversity provides educational benefits for all students and thereby justifies its continued use of race/ethnic-based preferences in admissions.

If the educational benefits of diversity of diversity are so powerful, these benefits need to be identified and quantified so the public can assess their importance.

Which leaves us with the question: Should not a distinguished research university, one that takes seriously its commitment to diversity, mobilize its outstanding research capabilities to investigate and produce evidence on the important educational benefits it claims for diversity?

Federalist Society at Marquette University Webpage

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Different shades of diversity/Confusion persists in campus diversity efforts

“Different shades…” title reprinted from the The Badger Herald, April 4, 2003“Confusion persists…” title reprinted from the Wisconsin State Journal, April 6, 2003

Confusion continues about the meaning of diversity, affirmative action, and racial preferences in college admissions. This confusion is apparent in debate about President Bush‘s stand on college admissions, how the U.S. Supreme Court will rule on the University of Michigan‘s admission case, and UW-Madison‘s campus admissions policy discussed recently by Provost Peter Spear.

Colleges and universities, most everyone would agree, should be hotbeds of diversity, in ideas, opinions, approaches to knowledge, and the search for truth. Unfortunately, the meaning of diversity in higher education has been narrowed to describe the race/ethnic mix of students. In so doing, competing methods of achieving greater race/ethnic diversity are obscured.

“Color-blind admission” allows race to play no part in admissions decisions. Applications forms do not ask about race/ethnicity; if they do, that information is suppressed in evaluating student applications for admission.

“Affirmative action admission” might just as easily be labeled “double standard admission.” In making admissions decisions, a lower standard is applied to minority applicants. This method varies in how it works. The University of Michigan‘s “race conscious” policy is straightforward, giving minority applicants an additional 20 points in calculating their admissibility.

The University of Wisconsin-Madison “race-based” preference policy based on Faculty Senate legislation is more complicated. The campus grants automatic admission to all minority applicants who meet even the minimum admission requirement. More than that, it admits and enrolls substantial numbers of minorities who fail to meet even a key minimum admission requirement, which is to graduate in the upper half of their high school class.

These two policies differ significantly. Michigan‘s point system would never admit as large a proportion of minorities who do not meet its minimum requirements. At Madison, about an eighth of enrolled minorities would not have been admitted because they did not graduate in the top half of their high school class. Another fifth would not have been admitted on a competitive basis, i.e., using a color blind admission standard. The remainder would have been admitted on their individual merit but are still less than competitive with non-minority students. While Madison‘s lower standard may advance the goal of boosting minority enrollment, it undercuts the equally important goal of increasing minority student graduation rates.

The Madison approach to minority admission also ignores well-documented research showing the importance of prior academic performance (high school class rank and test scores) on academic success in college. UW-Madison‘s own data demonstrate this obvious fact, but little is done to publicize that information. Similar results emerge from research UW-Madison Professor Albert Cabrera and other experts presented at a recent national conference here in Madison on minority student retention.

Campus leaders meanwhile continue to defend the indefensible. Provost Peter Spear maintains that “Every student we admit is qualified to succeed.” If that statement is true, why are the graduation rates for minority students who do not meet even the minimum admission requirement about 40 percent as compared to about 65 percent for those who are admitted competitively. Even if one believes in double standards, why set such a low standard for admitting minority students? What do these graduation rates say about Spear‘s assertion that every student is qualified to succeed, if succeed means to graduate?

If Provost Spear means that minorities admitted because of their race/ethnicity can and do perform academically acceptable work, he should be happy to present the data supporting his statement. If, however, these students perform only passably, they may be more inclined to drop out early, fearing their inability to perform adequately through the rest of their degree work.

UW-Madison officials, in their dogged, three-decade long effort to achieve diversity, regularly violate the standards of performance evaluation that apply elsewhere on the campus, examining the evidence and describing in detail how their admission system works. These officials try to convince others of the merit of their own “principled” position by assertion rather than with hard empirical evidence.

Worse, they regularly tell many minority students, by the act of admitting them, that they have a good likelihood of graduating when the record shows that is not the case. Shouldn‘t minority applicants who receive preferential treatment be fully informed about their likelihood of graduating, before they enroll, rather than having to learn the hard way after they do enroll?

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Different shades of diversity/Confusion persists in campus diversity efforts

“Different shades…” title reprinted from the The Badger Herald, April 4, 2003“Confusion persists…” title reprinted from the Wisconsin State Journal, April 6, 2003

Confusion continues about the meaning of diversity, affirmative action, and racial preferences in college admissions. This confusion is apparent in debate about President Bush‘s stand on college admissions, how the U.S. Supreme Court will rule on the University of Michigan‘s admission case, and UW-Madison‘s campus admissions policy discussed recently by Provost Peter Spear.

Colleges and universities, most everyone would agree, should be hotbeds of diversity, in ideas, opinions, approaches to knowledge, and the search for truth. Unfortunately, the meaning of diversity in higher education has been narrowed to describe the race/ethnic mix of students. In so doing, competing methods of achieving greater race/ethnic diversity are obscured.

“Color-blind admission” allows race to play no part in admissions decisions. Applications forms do not ask about race/ethnicity; if they do, that information is suppressed in evaluating student applications for admission.

“Affirmative action admission” might just as easily be labeled “double standard admission.” In making admissions decisions, a lower standard is applied to minority applicants. This method varies in how it works. The University of Michigan‘s “race conscious” policy is straightforward, giving minority applicants an additional 20 points in calculating their admissibility.

The University of Wisconsin-Madison “race-based” preference policy based on Faculty Senate legislation is more complicated. The campus grants automatic admission to all minority applicants who meet even the minimum admission requirement. More than that, it admits and enrolls substantial numbers of minorities who fail to meet even a key minimum admission requirement, which is to graduate in the upper half of their high school class.

These two policies differ significantly. Michigan‘s point system would never admit as large a proportion of minorities who do not meet its minimum requirements. At Madison, about an eighth of enrolled minorities would not have been admitted because they did not graduate in the top half of their high school class. Another fifth would not have been admitted on a competitive basis, i.e., using a color blind admission standard. The remainder would have been admitted on their individual merit but are still less than competitive with non-minority students. While Madison‘s lower standard may advance the goal of boosting minority enrollment, it undercuts the equally important goal of increasing minority student graduation rates.

The Madison approach to minority admission also ignores well-documented research showing the importance of prior academic performance (high school class rank and test scores) on academic success in college. UW-Madison‘s own data demonstrate this obvious fact, but little is done to publicize that information. Similar results emerge from research UW-Madison Professor Albert Cabrera and other experts presented at a recent national conference here in Madison on minority student retention.

Campus leaders meanwhile continue to defend the indefensible. Provost Peter Spear maintains that “Every student we admit is qualified to succeed.” If that statement is true, why are the graduation rates for minority students who do not meet even the minimum admission requirement about 40 percent as compared to about 65 percent for those who are admitted competitively. Even if one believes in double standards, why set such a low standard for admitting minority students? What do these graduation rates say about Spear‘s assertion that every student is qualified to succeed, if succeed means to graduate?

If Provost Spear means that minorities admitted because of their race/ethnicity can and do perform academically acceptable work, he should be happy to present the data supporting his statement. If, however, these students perform only passably, they may be more inclined to drop out early, fearing their inability to perform adequately through the rest of their degree work.

UW-Madison officials, in their dogged, three-decade long effort to achieve diversity, regularly violate the standards of performance evaluation that apply elsewhere on the campus, examining the evidence and describing in detail how their admission system works. These officials try to convince others of the merit of their own “principled” position by assertion rather than with hard empirical evidence.

Worse, they regularly tell many minority students, by the act of admitting them, that they have a good likelihood of graduating when the record shows that is not the case. Shouldn‘t minority applicants who receive preferential treatment be fully informed about their likelihood of graduating, before they enroll, rather than having to learn the hard way after they do enroll?

Posted in Commentary (2000-2004), Preferrential Admissions | Comments Off on Different shades of diversity/Confusion persists in campus diversity efforts