Questions and Answers Regarding Proposal 2
Updated January 10, 2007.
Q: What is Proposal 2?
A: Proposal 2 was adopted by Michigan voters on November 7, 2006. It
amends the Michigan constitution to ban public institutions from
discriminating against or giving preferential treatment to groups or
individuals based on their race, gender, color, ethnicity or national
origin.
Q: Will the University respect the constitution and follow the law?
A: The University certainly will obey the law. We recognize the voters’
decision, and will comply with Proposal 2. Some aspects of the amendment
are open to interpretation, and we anticipate there will be differences
of opinion about how to interpret its application to specific programs
that will require some clarification by the courts. For example, similar
ballot proposals were interpreted as permitting outreach to
underrepresented populations in Washington but prohibiting it in
California. Over time, these uncertainties will be sorted out.
Q: What will the University do about admissions and financial aid
for 2007?
A: The University of Michigan is resuming admissions on January 10 at
all levels of the University (undergraduate, graduate, and professional
programs). As stated in the language of Proposal 2, our admissions and
financial aid processes will not discriminate, nor grant
preferential treatment to, any individual on the basis of race, sex,
color, ethnicity or national origin. Of course, we
will recognize exceptions provided in the amendment, including one for
programs that receive federal funds.
Admissions decisions and financial aid commitments that were made on or
before December 29, 2006, under our previous admissions and financial
aid guidelines, will not change.
In response to lawsuits filed against us in late 2006, the University
had sought and secured a postponement of implementation of Proposal 2
for the current admissions and financial aid cycle because we believed
an abrupt change in our admissions review process would be chaotic and
inherently unfair for our applicants. We remain concerned about these
issues. However, the U.S. Court of Appeals of the Sixth Circuit
lifted the stay while a related appeal continues,
and that process could take several months to resolve.
Financial aid and admissions decisions were postponed for one week in
early January 2007, to provide time for careful consideration of the
developing situation. We cannot sustain any further delay in our
admissions process without harming our ability to enroll a class of
students for the 2007—2008 academic year. Our overriding concern is
enrolling a strong incoming class, both at the undergraduate level and
in our graduate and professional programs. Additional delays may cause
us to lose applicants, or make it harder for us to enroll the
outstanding students we have admitted. However, because of the Sixth
Circuit decision and in the absence of further guidance from the courts,
we will proceed cautiously by adjusting our admissions and financial
policies such that race and gender will no longer have any effect on the
decision-making process. We take these actions with regret, because we
believe it would be fairer to applicants for us to wait until after the
conclusion of the current cycle before making changes.
All students who aspire to the University of Michigan are encouraged to
submit their applications for the specific programs as early as possible
within the published deadlines. As it becomes available, updated
information will be posted on this site, and on the undergraduate
admissions and financial aid websites. Every student who applies before
the application deadline, will be given full and fair consideration.
Q: How does Proposal 2 interact with federal laws?
A: The amendment contains an exception for any actions that are mandated
by federal law or that are necessary in order for an institution to
receive federal funding.
Q: Does Proposal 2 prohibit public institutions from seeking diversity?
A: No. Proposal 2 precludes discrimination and preferential treatment on
the basis of race, ethnicity, gender, or national origin. It does not in
any way mean that diversity is no longer a permissible, indeed
compelling, interest. The University of Michigan
remains firmly committed to the goal of creating a diverse educational
environment. We work to build a community that is broadly diverse, which
means that our faculty, staff and students come to U-M with a wide range
of backgrounds, experiences and perspectives which they are able to
contribute to the learning environment.
Q: Why does the University of Michigan believe diversity is so
important?
A: We know from research and from our experience as educators
that building a diverse community adds to the quality of our teaching
and learning, our scholarship and our creative endeavors.
U-M President Mary Sue Coleman discussed this in her November 8 address
to the University community when she said, “Diversity makes us strong,
and it is too critical to our mission, too critical to our excellence,
and too critical to our future to simply abandon. This applies to our
state as much as our University. Michigan’s public universities and our
public bodies must be more determined than ever to provide
opportunities for women and minorities, who make
up the majority of our citizenry.”
Q: What is the relationship between the University’s pursuit of
diversity and its academic excellence?
A: The University strives first and foremost to be academically
excellent. Diversity is an essential component of our excellence.
The quality of our academic programs is enhanced by the rich and varied
contributions of our students and faculty who approach problems from
different perspectives. Many top scholars are attracted to our community
because they can study and conduct research with others who challenge
their ways of looking at the world. The University of Michigan has
become one of the top public universities in the world precisely because
it is diverse — and measures such as our graduation rates, scholarly
production, rankings of our academic programs and the number of
applications for admission are evidence of this success.
Q: How does the University think about national origin in its
efforts to build a diverse community?
A: The world is more interconnected than ever before, and
graduates of our University must learn about the complexities of
operating in a global environment if they are to be successful leaders.
U-M works to build a learning community that is broadly diverse, and
that includes welcoming students, staff and faculty from all across the
globe. These international scholars contribute to our vibrant
intellectual community.
Q: What is the relationship between the University’s pursuit of
diversity and its role in the state’s economic growth?
A: The state of Michigan is undergoing a difficult economic transition,
one in which the education and preparation of its citizens for a new
economy will be more important than ever before. A number of reports
have identified the urgency of ensuring that an ever-greater
cross-section of Michigan’s population is able to attain a college
degree. We must tap all available talent in our state if we are to
prosper in the future. The University of Michigan and other public
universities in our state will play a crucial role in extending these
opportunities to all our citizens.
Q: What new efforts will the University undertake to achieve the goal of
a diverse community?
A: President Coleman and Provost Teresa Sullivan have announced the
creation of a university-wide task force, called Diversity Blueprints,
that will engage faculty, staff, students and alumni in developing
fresh, innovative approaches to sustain and enhance diversity. Diversity
Blueprints is an integral part of the University’s efforts to reaffirm
its commitment to the educational value of diversity and to assure equal
treatment of groups and individuals based on race, gender, color,
ethnicity, or national origin. Areas for input may include recruiting,
precollege/K-12 outreach, admissions, financial aid, mentoring/student
success, climate, curriculum/classroom discussions, diversity research
and assessment, and external funding opportunities. The University will
commit significant resources to the most promising recommendations that
the Diversity Blueprints task force brings forward. Ideas may be
submitted to Diversity.Blueprints@umich.edu.
Q: What role does Governor Jennifer Granholm’s executive order play in
your consideration of the impact of Proposal 2?
A: The precise impact of Proposal 2 on our core operations is uncertain.
This uncertainty is underscored by the executive order issued by Gov.
Granholm, who has instructed the Michigan Civil Rights Commission to
investigate the potential impact of Proposal 2 and issue a report by
February. We want to understand the outcome of that review as we
consider what changes need to be made to our policies and programs.
Q: Are you planning to take any additional legal action?
A: We do not plan to initiate any separate lawsuits at this time.
However, we will respond as needed to any legal challenges that arise.
Given the experiences of California after the passage of Prop 209, we
can expect litigation and legal challenges from a variety of individuals
and organizations.
In the meantime, we will make our best attempt to interpret the language
of Proposal 2, and continue our programs in a manner that both complies
with the law and protects our diversity and our academic excellence. If
challenged, the University of Michigan is prepared to defend our
programs and our interpretation of the law.
At this time, we are named as defendants in a number of Proposal
2-related lawsuits in both the state and federal courts. Two lawsuits
have been filed challenging implementation of Proposal 2: the first by a
coalition of groups including Coalition to Defend Affirmative Action By
Any Means Necessary (BAMN); and the second by a coalition of groups
including the American Civil Liberties Union. Law school applicant Eric
Russell and Toward A Fair Michigan (TAFM) have intervened in the BAMN
suit, and also have filed a separate lawsuit in the Washtenaw County
Circuit Court, seeking immediate implementation of Proposal 2.
Q: What will be the source of funds to defend or pursue any
litigation?
A: If the University of Michigan is the
defendant in a lawsuit, as is true in the BAMN and Russell/TAFM cases,
the University’s legal insurance will cover the cost of its defense.
Those expenses are likely to be significantly less than the cost of
defending the two cases that went to the Supreme Court. We are not
planning to initiate any additional legal action at this time.
Q: How many existing programs at U-M will be affected by Proposal
2?
A: It is impossible to answer that question precisely. The University
has a wide range of programs that consider—among other
factors—race, ethnicity, gender, or national origin, including financial
aid, outreach and mentoring programs. We won’t
know whether individual programs may be affected until they are
reviewed.
Q: Are minority students still welcome at U-M?
A: Yes. All students who excel at their studies, and who aspire to
attend the University of Michigan, are encouraged to apply. Our entire
community will work together to make sure our climate is welcoming, and
that the success of every student is supported.
Q: What will happen to minority enrollment?
A: U-M will do everything in its power, within the law, to make sure
that the declines in minority enrollment seen in California’s top public
universities following passage of Proposition 209 do not occur in
Michigan following passage of Proposal 2. Part of the decline in
California was the result of minority students’ choosing not to apply,
or if they did apply and were accepted, choosing not to enroll. Alumni,
current students, faculty, and community members will play an important
role in encouraging minority students to apply to U-M, and to enroll
here if admitted.
Q: What will happen to student financial aid that takes race,
ethnicity, gender, or national origin into account?
A: We believe we have a contractual obligation to honor all
scholarships, fellowships, and grants already awarded to current
students and to students who were admitted on or before December 29,
2006. About two-thirds of U-M students receive some type of financial
aid. A significant portion of financial aid is
based on need, and that will not change. Beyond that, U-M will consider
whether changes are required to any individual financial aid programs
based on our legal review. For privately funded scholarship programs
that include diversity factors, the ultimate effects of Proposal 2 may
depend on the decisions of private donors. Federally funded aid will not
be affected by Proposal 2.
Q: Can U-M replace race- and gender-conscious programs with ones
that focus on socioeconomic status?
A: Socioeconomic status is already considered in our programs, including
admissions and financial aid, and it continues to be a priority for us
to make certain that opportunities are extended to all students
regardless of their financial circumstances. But that doesn’t help us
enroll a student body that is racially diverse. There are far more white
students from low-income families applying to the university than
minority students from low-income families. Socioeconomic status does
not work as a proxy for race, and that has been shown clearly at other
schools that have tried it. And it is not at all helpful in addressing
participation on the basis of gender.
Q: Will U-M discontinue the programs that encourage and support
diversity, like Multi-Ethnic Student Affairs (MESA), Comprehensive
Studies Program, Women in Science and Engineering
(WISE), Undergraduate Research Opportunities (UROP ), etc.?
A: The University does not plan to discontinue any programs. Programs
will be reviewed for compliance, and the law will be observed. However,
as the state implements this law, we may receive clarification from the
courts about how the amendment affects certain of our programs.
Q: Will programs that reach out to specific minorities or genders, such
as those that encourage girls to study science or engineering, be ended
under Proposal 2?
A: We believe our outreach and pipeline programs are on firm legal
ground, and will continue them. Overall, the University is confident
that, when it completes its audit of programs that may be affected by
Proposal 2, our programs will be in compliance.
Q: Will U-M continue outreach programs directed to women and
underrepresented minority high school students?
A: U-M is committed to continue outreach programs, because we must be
able to extend the opportunity for a college education to all students.
The success of the state of Michigan depends on it. Partnerships with
high schools are an important pipeline for drawing great students to
Michigan, and those programs will go on.
Q: Will U-M student clubs and other organizations that focus on one
race, gender, or nationality, like the Society of Women Engineers or the
La Voz Latina, still exist after Proposal 2 goes into effect?
A: The University supports a wide range of student organizations, and
those will be able to continue. All recognized U-M student groups are
required not to discriminate in their membership criteria. Many of those
student organizations have as their mission the support of one
particular gender or racial or ethnic group, and that will not change.
Q: Will U-M change its employment practices to comply with Proposal 2?
A: Employment practices at U-M already comply with Proposal 2 and
therefore are not changing; in addition, the University’s
nondiscrimination policy remains in effect. The passage of
Proposal 2 does not change U-M’s commitment to diversity,
nor does it alter the University’s employment practices or the
protections and requirements of various federal and state laws,
including the Civil Rights Act of 1964, Title IX of the Education
Amendments, the Americans with Disabilities Act, and Michigan’s
Elliott-Larsen Civil Rights Act, which prohibits a wide array of
discrimination extending far beyond race and gender. Federal law
requires the University, as a federal contractor, to take affirmative
steps in the employment process in order to adhere to the equal
employment opportunity and affirmative action provisions of Executive
Order 11246 regarding race, gender, color, religion and national origin.
Q: How does Proposal 2 impact U-M’s capacity to apply for federal grants
that consider race, ethnicity, gender, or national origin?
A: Individuals at the University should, as always, continue to
disseminate announcements of federal grant programs and may apply for
grants under federal programs that seek to promote diversity. If the
University is chosen as a grant recipient, then it should comply with
the terms of that grant, including any terms that require consideration
of race, ethnicity, gender, or national origin in pursuit of the goals
of the federal program.
Q: Will the University continue to seek minority and women
faculty members?
A: Yes, recruiting and retaining a diverse faculty is crucial to our
academic excellence. This important work will continue.
Q: What will happen to the positions of staff members who work in
programs that support the success of women and minorities, such as Women
in Science and Engineering (WISE) and the Minority Engineering Program (MEPO)?
A: No one’s job at U-M is at risk because of Proposal 2. The work of
those staff members is more important than ever before. Of course, the
University will continue to review all programs dedicated to minority
affairs and campus diversity to ensure they comply with the law, as has
been done for many years.
Q: What will happen with the resources that before were dedicated to
underrepresented minorities and gender-related programming?
A: Building a diverse community is an essential part of the University’s
mission, and this work will continue. A decrease in resources dedicated
to these efforts is not anticipated.
Q: Will there be a change in the climate on the U-M campus?
A: The entire University community will work together to make sure our
climate is welcoming, and that the success of every individual is
supported. Every student admitted to U-M is highly qualified, and has
earned his or her place at the University through hard work and academic
achievement. Our faculty and staff are among the best in their fields,
and are the foundation of our academic excellence. The University’s
Expect Respect initiative is an important reminder of the importance we
place on respect for every individual.
Q: Where can I go for more information?
A: The University has a website, http://www.vpcomm.umich.edu/diversityresources/,
devoted to research and resources about diversity. New information and
updates will be posted there. In addition, U-M faculty, staff and
students may submit questions to Diversity.Questions@umich.edu.
Questions submitted to this address will go to the Office of
Institutional Equity and will be routed to the appropriate areas for
response.
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