Page 25 - 2022 OAD First Monday Journal

FACTUAL AND PROCEDURAL BACKGROUND

Students for Fair Admission (SFFA) is a nonprofit membership group of students, parents, and
others who believe racial classifications and preferences in college admissions are unconstitutional. SFFA’s

members included Asian American members who had applied and been rejected by Harvard. Harvard

College is a private Ivy League research university and nonprofit institution that receives federal funding.

Harvard boasts its focus on diversity, inclusion and creating more equitable opportunities for learning.

SFFA brought suit against Harvard College in 2014, alleging that the University’s race conscious
admissions process violates the Civil Rights Act of 1964. Title VI prohibits institutions that receive federal

funds from discriminating on the grounds of race, color, or national origin.

The District Court (1:14-cv-14176-ADB) and the First Circuit Court of Appeals (980 F.3d 157 (1ST Cir.
2020)) ruled in favor of Harvard. SFFA appealed and the Supreme Court granted certiorari.

At issue in this case is Harvard’s six-prong, whole person review process, which seeks to evaluate

every applicant as a unique individual. The six components are: (1) Harvard’s pre-application recruitment

efforts; (2) students’ submission of applications; (3) Harvard’s “first read” of application materials; (4)

admissions officer and alumni interviews; (5) subcommittee meetings of admissions officers to recommend
applicants to the full admissions committee; and (6) full admissions committee meetings to make and

communicate final decisions of applicants. Harvard also considers “tips” for certain applicants during or

after the first read of the application materials. During step 3, the “first read,” applicants are assigned
numerical values in six categories—academic, extracurricular, athletic, school support, personal, and

overall.

SFFA focuses heavily on the personal rating scores. SFFA argues that the admissions process

penalizes Asian Americans as lacking leadership, confidence, likability, or kindness in comparison to white

applicants. SFFA also argues that there are race-neutral alternatives that would achieve the college’s
purported interest in a diverse student body.

Harvard admits race can be considered during the first read of application materials only when

assigning the overall rating. An applicant’s race can also be considered in both the subcommittee and
full committee meetings. Harvard has denied that race is considered in assigning an applicant’s personal

rating during the first read. Harvard stands on its mission of educating leaders for an increasingly diverse,

global world and argues that the admissions process is narrowly tailored to meet the college’s educational

objectives.

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