Impressive Article Re Extreme Preferences At Indiana U.

In a comment to my post below criticizing a New York Times article on affirmative action, Edward Boyd of Zonitics provides a link to an impressive, even shocking, OpEd in the Indianapolis Star about preferences in admissions to the University of Indiana at Bloomington law school.

Robert Heidt, a law professor at Indiana and former member of the admissions committee, writes that

We differ in that to meet our de facto quota, we regularly lower our usual standards of admission more than our counterparts at Michigan lower theirs. For example, to meet our de facto quota of blacks in each first-year class, we deviate from our usual standards of admission more than any remotely comparable law school is willing to do. In fact, of all the law schools in the country approved by the American Bar Association, none regularly lowers its standards of admission for affirmative action purposes as much as we do….

Such is the affirmative action admissions policy we at the IU Bloomington Law School have followed for more than 30 years. We follow a similarly heavy-handed affirmative action policy for financial aid and faculty recruitment.

A policy however well-meaning in the abstract can feel foul to those given the job of implementing it. And in my four years on the admissions committee, routinely leapfrogging minority applicants over so many dramatically more qualified non-minority applicants, foul is how our affirmative action policy came to feel. Seeing the photographs and reading the record and personal statements of non-minority applicants whom we rejected in order to admit the far less qualified left me feeling as though I should wash. Eventually, I could not acquiesce in this policy any longer….

Roughly speaking, to meet our de facto quotas, we must leapfrog less qualified minority applicants over approximately 330 more qualified non-minority applicants each year, many of whom, of course, will be Indiana residents.

Heidt claims that the discriminatory policy is so entrenched at Indiana that he doubts the faculty and administration will abandon it even if the Supremes reject Michigan’s milder form of preferences.

I believe that bringing a colorblind admissions policy to IU will require the determination of state legislators who are not afraid to use their control of our purse strings and who are savvy enough not to expect good-faith compliance from the faculty and administration.

But no court, not even the Supreme Court, can light such a fire under our state legislators. The match for that fire can only be struck by the people of Indiana.

All in all, Heidt’s article is both impressive and depressing.

Say What? (5)

  1. Mike January 9, 2003 at 11:40 am | | Reply

    I am interested in what the repsonse to this statement has been / will be. I would assume that the usual advocacy groups will shortly begin an attack on this professor. Any updates?

  2. Sporkadelic January 9, 2003 at 5:30 pm | | Reply

    Okay, it’s a minor point, but it makes me cringe: Indiana University, *not* University of Indiana. Thanks.

  3. John Rosenberg January 9, 2003 at 10:38 pm | | Reply

    Haven’t seen any responses yet; let me know if anyone sees anything. Re my mistake in calling Indiana University the University of Indiana: sorry, my fault. It was correct in the article. I’m tempted to say, “Hoosier cares?” but that would be wrong, and unjustifiably snide. Universities, like people and everything else, should be called by their proper names, and I didn’t. I certainly would object upon hearing “the University of Stanaford”….

  4. Collin Begley January 29, 2003 at 11:39 am | | Reply

    Here is the response from the black student union. It was an email sent to the entire student body today. There have been other responses from the adminstration over the last few weeks.

    BLSA Response to Heidt Editorial

    One of the many benefits of graduate study is the existence of an

    atmosphere that fosters healthy debate and intelligent discussion.

    Everyone is certainly entitled to his or her own opinion on the various

    controversial issues that affect our society. However, in the open

    expression of those opinions, there exists a civil and professional

    responsibility to refrain from the use of erroneous, misguided and

    derogatory information. That responsibility was purposely neglected on

    December 27, 2002, when Indiana University Bloomington School of Law

    Professor Robert Heidt’s op-ed article appeared in the Indianapolis Star.

    To place such an inflammatory article in a newspaper while the University

    was on Christmas vacation was a calculated, cowardly move. Given the

    offensive nature of the article, the Black Law Students Association of

    the Indiana University School of Law-Bloomington felt that it was

    necessary to publicly respond in opposition to Professor Heidt’s

    unfounded assertions.

    Through the statements made in his article, Professor Heidt has

    simply revealed the fact that he does not fully understand the true

    meaning and purpose of affirmative action. Heidt repeatedly asserts that

    through affirmative action, the “unqualified” Black applicant, “routinely

    leapfrogs the dramatically more qualified” white applicant. To the

    contrary, standards and qualifications are not lowered for minority

    applicants through affirmative action. Rather, affirmative action

    ensures that qualified minority applicants, historically confined to the

    sidelines of American society, are not overlooked. It is ironic that

    affirmative action is not challenged when it is disguised and used to the

    advantage of groups such as athletes, legacies, and children of wealthy

    school donors. Does their status somehow make them more qualified for

    legal study?

    Professor Heidt makes numerous references to what it means to be

    “qualified” under Indiana University School of Law standards or generally

    in law school admissions. Heidt measures the quality of an applicant

    based on high grades, a high LSAT score and, to a lesser extent,

    extracurricular activities. Unfortunately, Professor Heidt fails to

    recognize that the qualifications of individuals cannot fully be measured

    by focusing solely on a GPA and LSAT score. Countless studies have shown

    that disparities in LSAT scores across racial lines are a direct result

    of cultural, social, and economic biases that African Americans and other

    minorities have long been forced to endure in this country. Furthermore,

    other studies have shown that standardized tests examine only one of the

    many skill sets necessary to predict success in the study and practice of

    law.

    We believe that an applicant’s qualifications are best determined

    by examining the totality of that individual’s life, educational and work

    experience, and the ways in which the presence of that applicant will

    enrich the educational environment of the institution. In fact, most (if

    not all) institutions of higher learning admit both minority and

    non-minority students in this way. For instance, colleges and

    universities generally consider factors such as an applicant’s geographic

    residence, whether the applicant is a student leader, an athlete or child

    of alumni in admissions practices. Parental monetary contributions to

    the institution are also considered, as well as whether the applicant is

    disabled or a traditional or non-traditional student. Furthermore, work

    experience, and socio-economic background are also determining factors

    for admission.

    It is truly unfortunate that Blacks and other minorities, unlike

    our non-minority colleagues, must wear our achievements as badges of

    approval for people like Professor Heidt. Despite the many social,

    cultural and economic challenges that Blacks consistently face in

    American society, several of us have achieved high LSAT scores and GPAs.

    These achievements are illustrated by the fact that our Black students

    have graduated from their respective undergraduate institutions with

    honors and are members of honor societies such as Phi Beta Kappa, Mortar

    Board, and Pi Sigma Alpha. These achievements were made while majoring

    in a variety of challenging areas including biology, computer science,

    political science, accounting, business, and economics. Moreover, we have

    excelled in extracurricular activities, held extensive leadership

    positions, founded student organizations, and spent countless hours

    volunteering for community organizations. Furthermore, Black students at

    IU School of Law gained admission to many prestigious, comparable, or

    higher-ranked law schools such as Georgetown University, Vanderbilt

    University, Boston College, The University of North Carolina Chapel Hill,

    and University of California- Berkley, and chose to come to Indiana

    University. Additionally, many of us entered law school having already

    received a variety of master’s degrees including M.B.A.s and M.P.A.s, as

    well as M.D.s.

    Further evidence of the fallacious nature of Heidt’s comment that

    Black students are not qualified to be at Indiana University School of

    Law in Bloomington, is the fact that we maintain the grades which enable

    us to remain at the school while excelling in the traditional benchmarks

    of success such as law journal, moot court, and trial team. We have

    almost fifty percent of eligible Black second and third year law students

    on journal, three top oralists for Moot Court, two top brief writers for

    Moot Court, and one Moot Court Octofinalist. Furthermore, two of the six

    students who will be representing the law school at the National Trial

    Competition are Black students. We further extend our professional

    experience through internships at federal and state agencies, judicial

    clerkships, and internships at law firms. Finally, we consistently pass

    the bar exam and become gainfully employed in all facets of the legal

    profession. Of course, Professor Heidt conveniently failed to include the

    accomplishments and overall success rate of Black students in his

    analysis as to whether we were as qualified as white students to be at

    Indiana University School of Law-Bloomington.

    Professor Heidt continued his attack on the qualifications of Blacks

    students when he stated “Black applicants whose low grades, LSAT scores

    and extracurricular record would otherwise win admission only to Howard

    Law School in Washington, D.C., regularly win admission from us.” Howard

    is far from being the second-rate law school Heidt makes it out to be.

    HU’s admissions office receives over 1,400 applications each year and

    enrolls about 150 first-year students each fall. These numbers are

    indicative of a competitive admissions process, instead of a “come one,

    come all” law school. Howard Law’s alumni roster includes: Thurgood

    Marshall, the first African-American to serve as a justice on the United

    States Supreme Court; Vernon Jordan, former presidential advisor to Bill

    Clinton; Sharon Pratt Kelly, the first woman Mayor of Washington, D.C.;

    and Rep. Gregory Meeks, now serving with distinction in the Congress of

    the United States.

    Professor Heidt’s deliberate misrepresentation of the integrity of the

    Howard University School of Law demonstrates his baseless belief about

    the quality of education provided at Historically Black Colleges and

    Universities. Several IU alumni and current Blacks students are products

    of these wonderful institutions and are excelling within the law school

    as well as in the legal community.

    Professor Heidt followed up his editorial with a response stating that he

    swells with pride when he thinks of all students, past and present. Only

    a few days earlier, the admittance of many Blacks students to the law

    school made him feel as though he should “wash.” Professor Heidt

    undoubtedly swells with feelings for Black law students. Pride certainly

    isn’t one of them.

    Robert Heidt’s editorial has, without a doubt, stirred up the fighting

    spirit in the many Black students and we will continue to enroll and

    excel in his courses at the law school. It is inevitable, however, that

    there will be a significant number of Black students that will refuse to

    be placed in a course taught by Professor Heidt. Despite the purported

    trust and honor of the blind grading system the law school employs, many

    students will likely choose not to leave anything to chance by taking a

    class with Heidt.

    As stated in many of the responses to the editorial, Professor Heidt is

    entitled to hold any position he pleases concerning affirmative action.

    The First Amendment to our Constitution and standards of academic freedom

    undeniably protect his views and his expression of such. However, the

    misleading and insulting line of reasoning relied on by Professor Heidt

    should not be protected. His actions were contrary to the ethical

    aspirations of a lawyer, let alone a tenured faculty member of an

    institution such as the Indiana University School of Law.

  5. Adari Akbar March 15, 2008 at 8:50 pm | | Reply

    Well said! You know, when I hear ignorant whites who still propagate Black “inferiority”, it only strengthens my resolve to prove them wrong. Like Michael Jordan once said, “I discovered I might be pretty good at this basketball stuff once I saw how much other players feared me; they didn’t even want to guard me because they could sense that I detested losing more than they did.” Blacks in America have a fighting spirit that, in all we have overcome, demonstrates that we will not lose; someday we will receive the respect we deserve. Whites have tried to “look down” at us for so long out of fear for our intelligence…and they know it! What else can they do, we started civilization; we were the ones GOD started with, so we have as much right as any human beings to live on Earth and experience ALL of its fruits, no matter what anyone says.

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