UPDATE: After initially backing the cartoonist, Stephanie Eisner, The Daily Texan editorial board apologized Wednesday for a "failure of judgment" in deciding to run the cartoon. The statement said Eisner no longer works for the Texan.
A student cartoonist apologized for a piece about Trayvon Martin's death that prompted allegations of racism when it was published in a campus newspaper. Stephanie Eisner, a junior at the University of Texas at Austin and political cartoonist for The Daily Texan, expressed regret for the cartoon, which said a “big bad white man killed the handsome, sweet, innocent colored boy.” Eisner was referring to the February killing of Martin, 17, by a neighborhood watch volunteer. Martin was black. The shooter, George Zimmerman, has white and Latino parents. Zimmerman hasn't been charged with a crime.
The president of the university's Black Student Alliance called Eisner's cartoon inappropriate. Angry readers flooded the student paper with angry comments and letters to the editor. Eisner said she had good intentions, but failed to constructively comment on news reports about Martin's killing. "I apologize for what was in hindsight an ambiguous cartoon related to the Trayvon Martin shooting," Eisner wrote in a Wednesday e-mail to Inside Higher Ed. "I intended to contribute thoughtful commentary on the media coverage of the incident, however this goal fell flat. I would like to make it explicitly clear that I am not a racist, and that I am personally appalled by the killing of Trayvon Martin. I regret any pain the wording or message of my cartoon may have caused."
Later this year, the Supreme Court will hear arguments in Fisher v. University of Texas. Fisher will be the latest higher education affirmative action case argued before the Court. The timing is curious. Grutter was just decided in 2003. In it, the Supreme Court upheld a race-conscious admissions plan at the University of Michigan Law School. So why are we back here so soon? Why is the Supreme Court set to review a race-conscious admissions plan that aligns so closely with Grutter precedent? The answer to those questions likely lies in Grutter itself, specifically the dissent of Justice Anthony Kennedy.
Justice Kennedy lodged strong objections to the majority’s scrutiny of the admissions plan reviewed in Grutter. The judicial standard for reviewing race-conscious apportionments of public benefits is strict scrutiny. Under strict scrutiny, race-conscious admissions plans at public institutions like the University of Michigan are constitutional only if "they are narrowly tailored to further a compelling governmental interest." So the standard essentially has two exacting requirements: a compelling public interest and a narrowly tailored means of furthering it. One without the other renders the plan in question unconstitutional.
Kennedy has twice affirmed his view that diversity in public education can amount to a compelling public interest. In his Grutter dissent, he references "a university’s compelling interest in a diverse student body." He later extended this view to the K-12 level in Parents Involved in Community Schools. In that case, Kennedy joined with the conservative wing in striking down race-conscious school assignment plans in Louisville and Seattle. But while the other conservative justices declined to deem diversity in K-12 a compelling interest, Kennedy asserted, "Diversity, depending on its meaning and definition, is a compelling educational goal." So, for Kennedy, the race-conscious plans in both Grutter and Parents Involved suffered not from lack of compelling interests, but from lack of narrow tailoring. It is worth nothing that because of the vote split among the justices in Parents Involved, Kennedy’s concurrence is the controlling decision.
But it is his Grutter dissent that gives us the best clue as to why the Supreme Court agreed to hear Fisher. The four dissenting justices were deeply troubled by the degree of deference afforded Michigan Law. Justice Kennedy was so troubled that he wrote a dissent, separate from the one he signed onto with the other conservative justices. He took particular issue with the concept of "critical mass." Critical mass was defined as "a number that encourages underrepresented minority students to participate in the classroom and not feel isolated." Michigan Law argued that critical mass was central to achieving its educational objectives, but it did not identify numbers or percentages that signified having reached such mass. (Critical mass is an important subtext in Fisher because Texas is arguing that the purpose of its consideration of race in admissions is to cure woefully inadequate classroom diversity.) The majority accepted the law school’s definition of critical mass, and deemed constitutional the manners in which it is sought in the admissions process.
The dissenting justices, however, felt that the goal of critical mass was a farce — or as Justice Kennedy termed it, "a delusion." They felt that the admissions plan was actually an unconstitutional quota system. Justice Kennedy, in his separate dissent, argued that certain racial demographic consistencies and correlations demonstrated that the law school sought "numerical goals indistinguishable from quotas." (For example, the dissent highlighted data showing close correlations between the percentages of blacks, Hispanics, and Native Americans in the applicant pool and their corresponding percentages among those admitted.) And while he accepted Michigan Law’s assertion that its educational objectives required diverse students, he felt that the deferential review of the law school’s methods of achieving diversity fell far short of strict scrutiny.
Judicial deference to educational decisions is about as old as U.S. education itself. Often termed academic abstention, courts have historically been loath to question the judgments of professional educators. Thus, colleges and universities enjoy broad autonomy in making decisions deemed "academic" in nature, including those relating to admissions.
But it is on this issue of deference where we could see Fisher diverge from Grutter. The Grutter majority concluded, based on the law school’s descriptions, that the race-conscious admissions process bore "the hallmarks of a narrowly tailored plan." The dissenting justices, however, felt that strict scrutiny required the law school to not only describe the process, but to also provide explanations for outcomes they found suspicious. In addition to the consistencies and correlations Kennedy found troubling, the dissenters took issue with what they deemed differential treatment of different racial groups. They wanted the law school to explain why black applicants were admitted at higher rates than Hispanic applicants. Essentially, they questioned why critical mass seemed to mean different things for different groups. And they chastised the majority for its "unprecedented" deference.
The Supreme Court is a little more conservative today than when Grutter was decided. And given the ideological split, Justice Kennedy will likely cast the deciding vote in Fisher. It is safe to assume that the University of Texas will carry a heavier burden in showing that its consideration of race in admissions passes constitutional muster. But more significantly, Fisher will allow the conservative wing of the Supreme Court to re-do Grutter in a less deferential image.
The district court judge who originally dismissed the Fisher case remarked, "as long as Grutter remains good law, UT’s current admissions program remains constitutional." We will soon see to what extent Grutter will remain good law. And more importantly, we will soon know to what extent, and under what circumstances, public colleges and universities can pursue compelling educational objectives through the use of race-conscious admissions practices.
Aaron N. Taylor is a professor at Saint Louis University School of Law. You can follow him on Twitter at @TheEdLawProf.
The sponsor of legislation that would bar Georgia's public colleges from enrolling students in the United States without legal documentation agreed Wednesday to an amendment that would strip the ban from broader immigration legislation, The Atlanta Journal-Constitution reported. The state senator behind the proposed ban, Barry Loudermilk, said the provision on colleges' enrolling illegal immigrants threatened to undermine the broader bill. Officials of the University System of Georgia opposed the measure, saying they had already taken steps to ensure that undocumented students could not enroll in any college that is turning away qualified applicants.
The trustees of the University of Massachusetts on Monday selected Kumble R. Subbaswamy, provost of the University of Kentucky, as chancellor of the system's flagship campus in Amherst, which will have had four chancellors in a decade. The reign of the current chancellor, Robert C. Holub, went off the rails last spring when word leaked that a UMass panel had recommended that his contract not be renewed. Subbaswamy, a physicist, has been provost at Kentucky since 2006, and previously served as a dean at Indiana University at Bloomington and the University of Miami. (Note: This item has been updated from an earlier version to correct Subbaswamy's academic discipline.)
President Obama on Friday nominated Jim Yong Kim, president of Dartmouth College, as the next president of the World Bank. In a statement, Kim said: "When I assumed the presidency of Dartmouth, I did so with the full and deep belief that the mission of higher education is to prepare us for lives of leadership and service in our professions and communities. While President Obama's call is compelling, the prospect of leaving Dartmouth at this stage is very difficult. Nevertheless, should the World Bank's Board of Executive Directors elect me as the next president, I will embrace the responsibility." Kim is one of several nominees from which the World Bank's board may choose.
When Kim was selected as president of Dartmouth, his career had been focused on public health. He had been chair of the Department of Global Health and Social Medicine at Harvard University, and previously had led the World Health Organization's HIV/AIDS program. While Asian-American students and faculty members have made notable strides in American higher education, there are relatively few Asian-American presidents, and so Kim's selection by a college as prominent as Dartmouth was viewed as historic -- and cheered nationally by Asian-American activists.
Kaeden Kass is angry that Miami University in Ohio will not let him work as a resident assistant in a men's dormitory, WLWT News reported. Kass identifies as a man, but he was born a woman. The university offered him a position as an R.A. in a women's suite, but he has rejected that, saying it reflects a bias against him as a transgendered student. A university spokeswoman declined to comment on Kass, citing confidentiality requirements. But the spokeswoman noted that the university does offer some gender-neutral housing for transgender students or others who may want the option.
First generation college students (or FGS) comprise a student population that is routinely overlooked at American colleges and universities. These students, whose parents have attained neither a bachelor’s nor an associate degree, are more likely to encounter academic, financial, professional, cultural and emotional difficulties than are students whose parents attended college. However, at a time when budget space is at a premium, many colleges and universities do not have campus programs to help first generation students matriculate. This could be problematic for student recruitment and retention at the nation’s college and universities.
Years ago, one could learn a trade, make enough to support a family, and even comfortably retire. Not today. Even specific trades require additional education. Today’s graduates also report that a college degree does not necessarily guarantee an interview during the current economic recession, when well-qualified and older workers are unemployed and seeking entry-level positions.
However, a college degree is increasingly necessary for an initial interview. As a result of these circumstances, first generation students are increasing at the nation’s colleges and universities. Nearly one in six freshmen at American four-year institutions are first generation, according to a 2007 study by the University of California at Los Angeles’s Higher Education Research Institute.
The topic of first generation college students is often linked to race, ethnicity and affirmative action on many campuses. Programs that assist such students are frequently housed in multicultural or diversity education offices because minority students are also commonly first generation. A 2005 study by the National Center for Education Statistics found that 36 percent of minority students are also first generation. Certainly, research indicates that FGS usually have to traverse additional cultural boundaries such as race and ethnicity, as well as class, when they enter predominantly white institutions.
Some might argue that race and ethnicity matter in a way that economic status does not. Education researchers assert that race, ethnicity, and class are all important, but do not always impact students’ college experiences in the same ways. One recent study found that minority and first generation students have somewhat different challenges. FGS are less involved in fine arts activities, science/quantitative experiences, course learning, and engage less with students who are different from them, but they have greater academic learning gains than minority students.
Given these and other findings, educators must recognize what factors can be attributed to first generation status and/or race/ethnicity, and then target those students’ specific needs. FGS programs could address targeted areas in existing campus initiatives to save costs. For example, orientation workshops could teach first generation students how to effectively take notes and participate in class, just to name a few academic skills. Residential programs and even class assignments could encourage minority students’ learning and involvement with campus activities. I tried this latter possibility in my first-year seminar course at Hope College a few years ago, when I required students to attend campus events and discuss how such events could affect their overall college learning.
Regardless of whether first generation students are racial or ethnic minority students or not, studies show that FGS often lack reading, writing and oral communication skills at the levels of the children of college graduates, which frequently lead to poor retention rates. I was a strong high school student, and even was class valedictorian, but soon after I arrived at Oberlin College I realized that my preparation for college-level work lagged that of my classmates. I learned in high school to study for memorization rather than for analysis. I learned study and time management skills through Oberlin’s Student Support Services (now Student Academic Services). After a semester of hard work, I caught up and later progressed toward graduate studies.
First generation students struggle with more than just academics. With the burden of outside work hours and less parental involvement, such students take part in fewer extracurricular organizations, campus cultural programs, internships, and career networking activities than their peers from middle- and upper-class economic backgrounds. If FGS participate in extracurricular activities, they often delay their involvement until they feel they have their studies under control. Although the hurdles may seem insurmountable, FGS must use campus resources to build social and professional connections.
Campus involvement was not an issue for me because I enjoy helping to make decisions that impact my community. I quickly joined Oberlin’s campus newspaper staff and other organizations. Research has shown that social networks are crucial for academic success. Campus involvements helped me better acclimate to campus culture by giving me a sense of belonging and thus a stronger desire to succeed academically.
Although I quickly found a niche in campus organizations, internship searches and other aspects of professional development were foreign terrains. Non-FGS may be able to consult their parents for assistance with making professional contacts and preparing for interviews. First generation students often do not have an immediate role model for such activities and have to look outward for such support. Because my parents had factory or service jobs, I did not understand the process of applying for a white-collar position. Thankfully, Oberlin’s career office provided excellence assistance in job search strategies, résumé and cover letter writing, and interview preparation.
Adding to the academic, social, and professional challenges that FGS face, these students typically straddle home and school class cultures. The home culture is typically working-class, whereas the academic culture is traditionally middle and upper class. When I was at Oberlin and even long afterward in graduate school, visits home were very stressful because I had to abruptly leave my growing middle-class identity on campus and jump into a working-class one. I sometimes spent school breaks on campus because I did not wish to experience the anxiety of straddling two class cultures.
The stress of managing two class cultures was especially acute during my early college days. I compare my immersion into campus culture to being dropped into a foreign country without a map. To navigate unfamiliar territory, I required certain types of cultural capital that needed to be learned. It would be erroneous to argue that either the working- or middle-/upper-middle class milieu lacks cultural capital. Rather, each social class has its own cultural capital that someone must know in order to function well within that class. Difficulties occur when someone lacks the cultural capital necessary for successful self-management within an unfamiliar social class.
My college experiences were a lesson in acquisition of cultural capital. As a first generation college student in the early 1990s, I was not prepared for the culture shock that I would experience at Oberlin. I thrived in Oberlin’s academic environment, where I befriended other students who were curious about the world, politically- and social justice-minded, and enjoyed learning. However, the campus’ cultural class aspect was initially more challenging because many classmates came with previous assumed experiences that would have been unthinkable in my working-class upbringing. I learned a new cultural grammar for relating to others and just being: What conversational topics were appropriate for dinners with professors, how to make an airline reservation, what outfits were appropriate for professional interviews, and many other aspects of this new middle-class life. Most of these cultural rules were unspoken, making the puzzle of learning them even more maddening.
Many of my Oberlin classmates, professors, and staff were welcoming and eager to help, but I especially experienced class disparities while studying abroad. During the spring of 1993, I planned to study abroad through an Oberlin program in London. I worked five jobs during the summer of 1992 just to save for the travel. For many peers, this was not their first trip abroad. I was dumbfounded to discover that some of my friends’ families even swapped houses with people in other countries or rented cottages abroad. My classmates had an assumed cultural capital of fluency in European languages, travel experiences, and knowledge of art and theater. These would be unthinkable luxuries in my working class upbringing in which vacations, let alone plane trips, were rare. I bonded with several other working-class students enrolled in the London program, and together we stumbled through American and British middle-class culture.
The cultural challenges that first generation students face are real, but they can be the most difficult for institutions to identify because they typically result from unspoken cultural expectations. The baseline of knowledge between first-generation students and upper-middle class students is sometimes vastly different. FGS typically lack certain types of cultural capital, such as exposure to cultural arts that wealthier students might take for granted. And first generation students are often employed for more hours and commute rather than live on campus, which make it even more difficult for them to engage in the campus cultural activities that would acculturate them.
To compound these difficulties, the cultural straddling between school and home is often colored by shame and guilt.
I used to feel guilty about leaving my family behind and ashamed of my working-class origins as I worked and traveled all over the world. Other working-class academics speak about having this "survivor’s guilt" even though they logically know their family is proud of their accomplishments. It took me a few years to learn how to gratefully receive opportunities so that I could as a teacher help others realize their goals through education.
My former shame is now similarly replaced by thankfulness. I am grateful for the diverse class experiences that have given me the bilingual-type ability to fluently speak in different class languages. Cultural straddling helps me relate to people from highly varying class backgrounds and different ways of thinking. As I share my class experiences in the classroom, I find that my self-disclosures give my first-generation and/or working-class students the courage to also speak. I always tell these students that the same skills that enabled them to attend college will help them make their way in the world. After all, we are survivors.
Certainly, institutions can assist FGS by recognizing how contextual factors such as class impact academic performance and cultural transition into college. At a time when every student matters, retention of first-generation college students should be a top priority for colleges and universities. I urge colleges that have no programs to support first generation students to start small and dedicate resources toward specifically helping these students. This can be anything from helping these students navigate study abroad opportunities, extra help in explaining financial aid options and, of course, a bit of hand-holding when it comes to different cultural events.
Researchers have found that even existing programs such as first-year experience courses can be fine-tuned to benefit first generation students. A focus on helping such students graduate not only can strengthen a college or university’s bottom line, but also enables more FGS to create stories of success.