In addition, eligibility for consideration by the committee is itself based on automatic cut-off levels determined with reference to selection index scores. Michigan residents, for example, receive 10 points, and children of alumni receive 4.
to Pet for Cert. Gratz v. Bollinger, ante, p. 244, distinguished. And there is no evidence of how the decisions are actually madewhat type of individualized consideration is or is not used. to Pet. *Justice Breyer joins this opinion, except for the last sentence. 116a118a. of Cal. 02–516. After an admissions counselor has tabulated an applicants selection index score, he or she may flag an application for further consideration by an Admissions Review Committee, which is composed of members of the Office of Undergraduate Admissions and the Office of the Provost. Grutter v. Bollinger, post, p. 1. for Cert. Argued April 1, 2003—Decided June 23, 2003 Petitioners Gratz and Hamacher, both of whom are The bulk of admissions decisions are executed based on selection index score parameters set by the [Enrollment Working Group]. Ante, at 26 (quoting App. This delay was based upon the Uni-versity s determination that, although Gratz was fi ‚well qualified, fl she When the university receives an application for admission to its incoming class, an admissions counselor turns to a Selection Index Worksheet to calculate the applicants selection index score out of 150 maximum possible pointsa procedure the University began using in 1998. 71. For these reasons, the record before us does not support the conclusion that the University of Michigans admissions program for its College of Literature, Science, and the Artsto the extent that it considers raceprovides the necessary individualized consideration. Cf.
Although the Office of Undergraduate Admissions does assign 20 points to some soft variables other than race, the points available for other diversity contributions, such as leadership and service, personal achievement, and geographic diversity, are capped at much lower levels. App. Syllabus Opinion [ Rehnquist ] Concurrence [ O’Connor ] Concurrence [ Thomas ] Concurrence [ Breyer ] Dissent [ Stevens ] Dissent [ Souter ] See Grutter v. Bollinger, post, at 24.
256.
Counselors also have the discretion to flag an application if, notwithstanding a high selection index score, something in the applicants file suggests that the applicant may not be suitable for admission. v. BOLLINGER et al. As a result, I join the Courts opinion reversing the decision of the District Court. App.
71. Ibid.
This policy stands in sharp contrast to the law schools admissions plan, which enables admissions officers to make nuanced judgments with respect to the contributions each applicant is likely to make to the diversity of the incoming class. Following is the case brief for Gratz v. Bollinger, United States Supreme Court, (2003) Case summary for Gratz v. Bollinger: Two Caucasians challenged the University of Michigan’s admissions policy after being denied entry into the undergraduate program, claiming the procedure violated the 14th Amendment’s Equal Protection clause. 2 GRATZ v. BOLLINGER Opinion of the Court that a final decision regarding her admission had been delayed until April. App. Up to 110 points can be assigned for academic performance, and up to 40 points can be assigned for the other, nonacademic factors.
Moreover, the Law School frequently accepts Also, the program adequately ensures that all factors that may contribute to diversity are meaningfully considered alongside race. 02–516. Regents of Univ. App. GRATZ et al. to Pet. Syllabus Opinion [ Rehnquist ] Concurrence [ O’Connor ] Concurrence [ Thomas ] Concurrence [ Breyer ] Dissent [ … 2d 811, 827 (ED Mich. 2001). GRATZ V. BOLLINGER (02-516) 539 U.S. 244 (2003) Reversed in part and remanded. The Office of Undergraduate Admissions extends offers of admission on a rolling basis and acts upon the applications it has received through periodic [m]ass [a]ction[s]. App. Gratz v. Bollinger, 539 U.S. 244 (2003), was a United States Supreme Court case regarding the University of Michigan undergraduate affirmative action admissions policy. Most importantly for this case, an applicant automatically receives a 20 point bonus if he or she possesses any one of the following miscellaneous factors: membership in an underrepresented minority group; attendance at a predominantly minority or disadvantaged high school; or recruitment for athletics.
GRATZ V. BOLLINGER (02-516) 539 U.S. 244 (2003) Reversed in part and remanded.
See Gratz v. Bollinger, 188 F. 3d 394 (1999). Even the most outstanding national high school leader could never receive more than five points for his or her accomplishmentsa mere quarter of the points automatically assigned to an underrepresented minority solely based on the fact of his or her race. App.
275.
In calculating an applicants selection index score, counselors assign numerical values to a broad range of academic factors, as well as to other variables the University considers important to assembling a diverse student body, including race. But the selection index, by setting up automatic, predetermined point allocations for the soft variables, ensures that the diversity contributions of applicants cannot be individually assessed. Cf. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT No. Counselors may flag an applicant for review by the committee if he or she is academically prepared, has a selection index score of at least 75 (for non-Michigan residents) or 80 (for Michigan residents), and possesses one of several qualities valued by the University. 117a). See Gratz v. Bollinger, 188 F. 3d 394 (1999). Review by the committee thus represents a necessarily limited exception to the Office of Undergraduate Admissions general reliance on the selection index. In 1999, the University added another layer of review to its admissions process. for Cert. Counselors may assign an outstanding essay up to 3 points and may award up to 5 points for an applicants personal achievement, leadership, or public service.
Given these circumstances, the addition of the Admissions Review Committee to the admissions process cannot offset the apparent absence of individualized consideration from the Office of Undergraduate Admissions general practices. And what evidence there is indicates that the committee is a kind of afterthought, rather than an integral component of a system of individualized review. The law school considers the various diversity qualifications of each applicant, including race, on a case-by-case basis. 256.
On cross-motions for summary judgment, the District Court held that the admissions policy the University instituted in 1999 and continues to use today passed constitutional muster. for Cert. The University, of course, remains free to modify its system so that it does so. Our description is These qualities include high class rank, unique life experiences, challenges, circumstances, interests or talents, socioeconomic disadvantage, and under-represented race, ethnicity, or geography. App. 5 The District Court decided also to consider petitioners’ request for injunctive and declaratory relief during the liability phase of the proceedings. *. App. Finally, in rare circumstances, an admissions counselor may flag an applicant with a selection index score below the designated levels if the counselor has reason to believe from reading the entire file that the score does not reflect the applicants true promise. Of course, as Justice Powell made clear in Bakke, a university need not necessarily accor[d] all diversity factors the same weight, 438 U.S., at 317, and the weight attributed to a particular quality may vary from year to year depending on the mix both of the student body and the applicants for the incoming class, id., at 317318. 274. And this mechanized selection index score, by and large, automatically determines the admissions decision for each applicant. 117a. The selection index thus precludes admissions counselors from conducting the type of individualized consideration the Courts opinion in Grutter, supra, at 25, requires: consideration of each applicants individualized qualifications, including the contribution each individuals race or ethnic identity will make to the diversity of the student body, taking into account diversity within and among all racial and ethnic groups. to Pet. In their proposed summary of undisputed facts, the parties jointly stipulated to the admission policys mechanics. Cf. v. Bakke, 438 U.S. 265 (1978) (principal opinion of Powell, J.). Cf.
Ibid.
Indeed, the record does not reveal how many applications admissions counselors send to the review committee each year, and the University has not pointed to evidence demonstrating that a meaningful percentage of applicants receives this level of discretionary review. The review committee meets periodically to discuss the files of flagged applicants not already admitted based on the selection index parameters. 267 6. The evidence in the record, however, reveals very little about how the review committee actually functions.
117a. The District Court decided also to consider petitioners' request for injunctive and declaratory relief during the liability phase of the proceedings. Applicants with a score of over 100 are automatically admitted; applicants with scores of 95 to 99 are categorized as admit or postpone; applicants with 9094 points are postponed or admitted; applicants with 7589 points are delayed or postponed; and applicants with 74 points or fewer are delayed or rejected. See Grutter v. Bollinger, post, at 22 ([T]he Law Schools race-conscious admissions program adequately ensures that all factors that may contribute to student body diversity are meaningfully considered alongside race in admissions decisions). By contrast, the Office of Undergraduate Admissions relies on the selection index to assign every underrepresented minority applicant the same, automatic 20-point bonus without consideration of the particular background, experiences, or qualities of each individual applicant. Argued April 1, 2003—Decided June 23, 2003 Petitioners Gratz … As the Court points out, it is undisputed that the [committee] reviews only a portion of all the applications.
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