With the Supreme Court Considering Affirmative Action, University Administrators Can’t be Silent

Steve Ginsburg President

Matt Harrison
Managing Director

Since the Supreme Court’s 2003 decision in Grutter v. Bollinger, federal law has permitted academic institutions to consider race as one of multiple factors in evaluating an individual’s candidacy so long as that consideration helps further the goal of cultivating a diverse student body. This term, the Court will hear oral arguments in a pair of cases challenging the constitutionality of affirmative action and whether an applicant’s race can be considered in the college admissions process.

It is widely expected that the Court will overturn Grutter and end race-conscious admissions, which threatens to significantly impact diversity on college campuses and beyond.  

Like the Court’s recent blockbuster decision overturning Roe v. Wade, these affirmative action cases will be viewed through a political lens and have both legal and societal implications. As with the abortion decision, which forced employers to speak out and take action, this decision will create a communications challenge for college and university administrators.

Charting a Path Forward

While it is difficult to know specifically how the Court will frame its decision, now is the time for university administrators and their Boards of Trustees to consider the following questions:

• How will this decision impact our core institutional values and brand positioning?

• Who are our key stakeholders (e.g., current and prospective students, professors and administrators, alumni and donors, and government decision-makers)?

• What is the impact on these various stakeholder groups and what, when and how do they expect to hear from us?

• How might we continue to pursue racial diversity and stay true to our mission and values while complying with the law?

To maintain trust and confidence, academic institutions will need to address the concerns of their stakeholder groups with empathy and transparency.  An effective communications strategy in this regard will:

• Carefully consider the timeline for communicating (e.g., should a university communicate its priorities and goals before a Court decision, which would minimize stakeholder speculation? Or should it wait until the Court renders its decision so that more specific guidance can be provided?).

• Reiterate the school’s values, particularly as it relates to cultivating a diverse student body.

• Acknowledge the specific impact the decision may have on the institution and its stakeholder groups and share details about actions that will be taken in furtherance of those stakeholders’ priorities and needs.

With all the uncertainty that the Supreme Court’s decision may bring, one thing is guaranteed: college administrators will be expected to speak. The considerations above are one aspect of a successful communications plan. Ultimately, universities that demonstrate a keen understanding of their stakeholders and communicate accordingly will be able to manage this situation most effectively.