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Research

Higher Education, Diversity and Access

The importance of diversity and inclusion to higher education was the focus of intense legal and social scientific analysis in the decisions of the United States Supreme Court concerning affirmative action at the University of Michigan. The leadership of higher education and several other sectors of society offered overwhelming support, and a significant amount of evidence, for the proposition that student diversity - specifically the racial and ethnic diversity there at issue - is a compelling interest in higher education.

In California in 1996, the passage of Proposition 209 brought an end to most voluntary state and local government affirmative action policies in public employment, education, and contracting. At the University of California, the direct effect of Proposition 209 on student body diversity was devastating, and the decrease in the presence of underrepresented minorities continues. Appropriately, the leadership of the University of California has become increasingly attentive to determining the precise scope and boundaries of Proposition 209. Is everything that can be done, within the limits of state and federal law, in fact being done? Three central questions - the parameterization of legal risk, the array of program options, and the information needed for hard choices - are the underpinnings of a strategy for advancing the goals of inclusion and diversity.

The first Warren Institute effort within a broader undertaking concerning the consequences and future of proposition 209 with respect to higher education is a report providing an analytical framework for the evaluation of diversity-related programs at the University of California-Berkeley in light of federal legal principles and applicable state law. To help ensure that these programs effectively advance institutional goals, appropriately balance legal risk, and protect the rights of all persons, the report will examine the important principles and unsettled questions for decision makers in California higher education, will establish a framework to order the vast universe of inclusion-related programs at U.C. Berkeley and comparable institutions, and will offer strategies for institutional research and program evaluation so that U.C. Berkeley and similar institutions will be able to improve their ability to make wise decisions in this realm in the future.

Equal Opportunity in Higher Education: The Past and Future of Proposition 209

On October 27, 2006, we convened a symposium entitled “Equal Opportunity in Higher Education: The Past and Future of Proposition 209,” (click here to see the conference homepage) on the Berkeley campus at the Clark Kerr Center. We had a rich dialogue on the consequences of Prop 209, with commissioned authors presenting their research and various community partners adding their input to various sessions.

The following are links to drafts of the roughly 25 studies from leading scholars and policymakers across the nation that we commissioned for the conference, representing a wide variety of disciplines and institutions. Initially made available on a CD-Rom at the conference, these drafts represent our interests in probing rigorously and creatively into the past, present and future consequences of Proposition 209, as well as in fostering a nonpartisan analysis of how Proposition 209 has affected student and faculty diversity in California higher education.


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