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Lawsuit Against Harvard Could Unravel Diversity

FILE - Students and visitors sit in front of a fountain at Harvard University in Cambridge, Massachusetts, Sept. 21, 2009.
FILE - Students and visitors sit in front of a fountain at Harvard University in Cambridge, Massachusetts, Sept. 21, 2009.

A lawsuit filed against Harvard University that claims too few Asian-Americans are accepted to the vaunted college could do the opposite — eliminate race-conscious admissions nationally.

"It could end the use of racial preferences," said Ilya Shapiro, a senior Cato Institute fellow who specializes in constitutional studies.

The suit was filed by Students for Fair Admissions (SFFA) — a group started by Edward Blum, a legal activist who opposes the consideration of race in college and university admissions. Blum recruits plaintiffs, in this case Asian-American students, and pays their legal fees through donations that fund him.

The plaintiffs allege that Harvard's admissions process is unconstitutional because it uses racial quotas, makes race the dominant factor in admissions rather than one of many, and has not fairly considered race-neutral alternatives. They said it is biased against Asian-Americans and that the placements go to other minorities.

About 40,000 students apply to Harvard every year, but fewer than 6 percent are accepted. Asian-Americans make up 22.2 percent of students who were accepted into the class of 2022. According to the U.S. Census Bureau, Asian-Americans constitute 5 percent of the national population.

International students made up 12.4 percent of the same class. Nearly 50 percent of international students in the U.S. are from China or India.

"Asian-[American]s are held to a higher standard than whites, African-Americans and Hispanics," Blum told VOA.

Harvard denies this accusation, saying it considers a mix of factors, does not discriminate against Asian-Americans, and does not have quotas.

"Admissions officers seek ... to discern whether an applicant demonstrates outstanding and unusual intellectual ability, capacity for leadership, creative ability or athletic ability," reads a Harvard court document. "Admissions officers also look for individuals who have been able to transcend difficult circumstances by achieving academic, extracurricular and personal distinction in the face of hardship."

The school accuses SFFA of being "a litigation vehicle designed to further the ideological objectives of its founder, Mr. Blum" rather than "a true membership organization that can sue on behalf of its members."

In 2008, Blum enlisted Texan Abigail Fisher to sue the University of Texas, who alleged she was denied admission because of minority quotas. The school won that case.

FILE - Asian-American demonstrators hold a rally outside the U.S. Supreme Court as it was hearing a case involving affirmative action in university admissions brought by white applicant Abigail Fisher, Dec. 9, 2015.
FILE - Asian-American demonstrators hold a rally outside the U.S. Supreme Court as it was hearing a case involving affirmative action in university admissions brought by white applicant Abigail Fisher, Dec. 9, 2015.

Campus diversity is a contentious debate.

Racial quotas in university admissions were banned in 1978 by the U.S. Supreme Court when Allan Bakke won his case against the University of California, claiming he was not given a slot in medical school because they went to minority students. However, colleges and universities that receive any federal funding have been allowed to consider race in their admissions mix to ensure student populations are diverse, a move commonly known as affirmative action.

But that, too, is changing. In early July, the Trump administration withdrew guidelines issued by his predecessor, former President Barack Obama, that encouraged legal affirmative action.

"The general counsels of all of these schools are going to be talking to [their] presidents and deans and saying, 'Look, we're on notice now. We can't just hide behind this guidance. We have to look at what we're doing, how we're using race, to make sure that there are no race-neutral means to achieve the same diversity that we want,'" said Shapiro.

Opponents of affirmative action argue that students should be considered on merit alone. Still others say colleges should create a diverse class by considering economic status, meaning poor white students would be ranked higher than wealthy African- or Asian-American students.

Harvard said their admissions approach is holistic, meaning it looks at the whole person, including "the most exceptional academic, extracurricular, personal, and athletic ratings," according to a court filing.

Student Julie Yao, who transferred from Dickinson College in Pennsylvania to Barnard College in New York, said as a Chinese-American, she worries that the SFFA case will result in fewer seats for non-white students.

"It really infuriates me because it's almost like there are only a hundred seats for all students at a college," Yao said, "but there are only 20 open for diversity admissions."

"Why are we only fighting for so few spots?" she asked.

Her parents see the lawsuit differently.

"When I went home for a weekend this summer, my mom was actually telling me how her friends are telling people to fund this lawsuit," she said.

"Asian-Americans can be the victim of discrimination by a university in admissions," said Kimberly West-Faulcon, a civil rights attorney and law professor at Loyola Law School in Los Angeles. "The way you figure that out is to compare the Asian-American admission rate to the white admission rate."

Releasing too much information about their process "would disadvantage low-income applicants who can't afford the consultants and directly impair Harvard's ability to recruit and admit a diverse class each year," Harvard spokesperson Rachael Dane wrote in a statement.

The U.S. Department of Justice is investigating whether Harvard should be forced to reveal more details about its admissions process, and recently urged the court hearing the SFFA case to make more information in the lawsuit public.

"We are greatly encouraged that this [Trump] administration so far has asked the court to make public the information that Harvard turned over to us," said Blum. "We are delighted that an administration is demanding that there be full transparency for the American public."

Harvard questions the Justice Department's timing and approach.

"The Department cribs all but one of the cases it cites from SFFA's March 30 letter, and for certain issues, it provides no authority beyond simply citing SFFA's letter" for the request, William Lee, an attorney for Harvard, was quoted in the news site Politico.

Shapiro said he sees the case reaching the Supreme Court.

"The challengers here are unlikely to settle. In two years or so, we could see this at the Supreme Court," he said. If so, he predicts the court would rule in June 2020.

"Harvard will continue to vigorously defend its right, and that of all colleges and universities, to consider race as one factor among many in college admissions, which has been upheld by the Supreme Court for more than 40 years," Dane wrote.

International applicants don't have to worry about how the ruling will affect them.

"International applicants are compared to other international applicants," said West-Faulcon. The ruling "would not affect the admissions of an international student applying from an Asian country."

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Tips for first-year international students in the US

FILE- In this March 14, 2019, file photo, people walk on the Stanford University campus beneath Hoover Tower in Stanford, Calif.
FILE- In this March 14, 2019, file photo, people walk on the Stanford University campus beneath Hoover Tower in Stanford, Calif.

Book your flights right away, get a U.S. phone plan, make sure you have linens for your dorm and attend orientation – that’s some of the advice international students have for first-year college students coming from abroad.

U.S. News & World Report compiled helpful tips for students studying in the United States for the first time. (July 2024)

Survey: Social integration, career prep are important to international students

FILE - FILE - In this March 14, 2019, file photo students walk on the Stanford University campus in Santa Clara, Calif.
FILE - FILE - In this March 14, 2019, file photo students walk on the Stanford University campus in Santa Clara, Calif.

A recent survey of international students in the United States found that before starting school, they were concerned about personal safety, making friends and feeling homesick.

Inside Higher Ed reports that international students want specialized orientations, peer connections, career preparation and job placement to help make their college experiences successful. (July 2024)

US advisory council ends Nigeria visit, signs student exchange deal

Deniece Laurent-Mantey is the executive director of U.S President's Advisory Council on African Diaspora Engagement.
Deniece Laurent-Mantey is the executive director of U.S President's Advisory Council on African Diaspora Engagement.

Members of a U.S. presidential advisory council have approved a student exchange deal between an American college and a Nigerian university as part of the council's effort to strengthen collaboration on education, health, entrepreneurship and development between Africa and Africans living abroad.

The council also visited a health facility supported by the United States Agency for International Development in the capital.

Nigerian authorities and visitors chatted with members of the U.S President's Advisory Council on African Diaspora Engagement as they toured a healthcare facility in Karu, a suburb of Abuja, on the last day of the council's three-day visit to Abuja and Lagos.

The facility is one of many supported by the United States Agency for International Development, or USAID, to improve the management of childhood illnesses, family planning, immunization and delivery.

The tour was part of the council's effort to promote African diaspora-led investments in technology entrepreneurship, education and healthcare delivery.

"They're doing a phenomenal job there, it really gave us a sense of what the healthcare system is in Nigeria," said Deniece Laurent-Mantey, executive director of the advisory council. "This is our first trip as a council to the continent and we chose Nigeria for a reason — the diaspora in Nigeria is very active, very influential, and they're really a source of strength when it comes to our U.S.-Africa policy. And so for us coming to Nigeria was very intentional."

The council was created by President Joe Biden in September to improve collaboration between Africa and its diaspora in terms of economic and social development.

Akila Udoji, manager of the Primary Healthcare Centre of Karu, said officials in Nigeria were pleased that the council members were able to visit.

"We're happy that they have seen what the money they have given to us to work with has been used to do, because they have been able to assist us in capacity-building, trainings, equipment supply and the makeover of the facility," Udoji said.

Earlier, the council signed a deal for a student exchange program between Spelman College in the southern U.S. city of Atlanta and Nigeria's University of Lagos.

Laurent-Mantey said education exchanges are one of the council's top priorities.

"In Lagos, we had the president of Spelman College — she's also a member of our council — she signed an agreement with the University of Lagos to further education exchange programs in STEM and creative industries between those two universities," Laurent-Mantey said. "And I think for us it's very important, because Spelman College is a historically Black university, and so here we are promoting the importance of collaboration between African Americans and Africans."

In March, the advisory council adopted its first set of recommendations for the U.S. president, including the student exchange initiative, advocating for more U.S. government support for Africa, climate-focused initiatives, and improving U.S. visa access for Africans.

The council met with Nigerian health and foreign affairs officials during the visit before leaving the country on Wednesday.

American Academy of the Arts College announces closure

FILE - Signs and writing denouncing the closure of the University of the Arts are seen at Dorrance Hamilton Hall on June 14, 2024, in Philadelphia. More recently, the American Academy of the Arts College in Chicago announced it would close.
FILE - Signs and writing denouncing the closure of the University of the Arts are seen at Dorrance Hamilton Hall on June 14, 2024, in Philadelphia. More recently, the American Academy of the Arts College in Chicago announced it would close.

The American Academy of Art College in Chicago announced it would be closing after 101 years of preparing students for careers in art and illustration.

WTTW news reported that like other art colleges, the academy saw enrollment drop after the pandemic, and officials made the decision to close the college last month. (July 2024)

update

5 killed, dozens injured in clashes over Bangladesh jobs quota system

Protesters of Bangladesh's quota system for government jobs clash with students who back the ruling Awami League party in Dhaka on July 16, 2024.
Protesters of Bangladesh's quota system for government jobs clash with students who back the ruling Awami League party in Dhaka on July 16, 2024.

At least 5 people were killed and dozens injured in two separate incidents in Bangladesh as violence continued Tuesday on university campuses in the nation's capital and elsewhere over a government jobs quota system, local media reports said quoting officials.

At least three of the dead were students and one was a pedestrian, the media reports said. Another man who died in Dhaka remained unidentified.

The deaths were reported Tuesday after overnight violence at a public university near Bangladesh's capital, Dhaka. The violence involved members of a pro-government student body and other students, when police fired tear gas and charged the protesters with batons during the clashes, which spread at Jahangir Nagar University in Savar, outside Dhaka, according to students and authorities.

Protesters have been demanding an end to a quota reserved for family members of veterans who fought in Bangladesh's war of independence in 1971, which allows them to take up 30% of governmental jobs.

They argue that quota appointments are discriminatory and should be merit-based. Some said the current system benefits groups supporting Prime Minister Sheikh Hasina. Some Cabinet ministers criticized the protesters, saying they played on students' emotions.

The Bengali-language Prothom Alo daily newspaper reported that one person died in Dhaka and three others, including a pedestrian, were killed after they suffered injuries during violence in Chattogram, a southeastern district, on Tuesday.

Prothom Alo and other media reports also said that a 22-year-old protester died in the northern district of Rangpur.

Details of the casualties could not be confirmed immediately.

Students clash over the quota system for government jobs in Dhaka, Bangladesh, on July 16, 2024.
Students clash over the quota system for government jobs in Dhaka, Bangladesh, on July 16, 2024.

While job opportunities have expanded in Bangladesh's private sector, many find government jobs stable and lucrative. Each year, some 3,000 such jobs open up to nearly 400,000 graduates.

Hasina said Tuesday that war veterans — commonly known as "freedom fighters" — should receive the highest respect for their sacrifice in 1971 regardless of their current political ideologies.

"Abandoning the dream of their own life, leaving behind their families, parents and everything, they joined the war with whatever they had," she said during an event at her office in Dhaka.

Protesters gathered in front of the university's official residence of the vice chancellor early Tuesday when violence broke out. Demonstrators accused the Bangladesh Chhatra League, a student wing of Hasina's ruling Awami League party, of attacking their "peaceful protests." According to local media reports, police and the ruling party-backed student wing attacked the protesters.

But Abdullahil Kafi, a senior police official, told the country's leading English-language newspaper Daily Star that they fired tear gas and "blank rounds" as protesters attacked the police. He said up to 15 police officers were injured.

More than 50 people were treated at Enam Medical College Hospital near Jahangir Nagar University as the violence continued for hours, said Ali Bin Solaiman, a medical officer of the hospital. He said at least 30 of them suffered pellet wounds.

On Monday, violence also spread at Dhaka University, the country's leading public university, as clashes gripped the campus in the capital. More than 100 students were injured in the clashes, police said.

On Tuesday, protesters blocked railways and some highways across the country, and in Dhaka, they halted traffic in many areas as they vowed to continue demonstrating until the demands were met.

Local media said police forces were spread across the capital to safeguard the peace.

Swapon, a protester and student at Dhaka University who gave only his first name, said they want the "rational reformation of the quota scheme." He said that after studying for six years, if he can't find a job, "it will cause me and my family to suffer."

Protesters say they are apolitical, but leaders of the ruling parties accused the opposition of using the demonstrations for political gains.

A ruling party-backed student activist, who refused to give his name, told The Associated Press that the protesters with the help of "goons" of the opposition's Bangladesh Nationalist Party and Jamaat-e-Islami party vandalized their rooms at the student dormitories near the Curzon Hall of Dhaka University.

The family-of-the-veterans quota system was halted following a court order after mass student protests in 2018. But last month, Bangladesh's High Court nulled the decision to reinstate the system once more, angering scores of students and triggering protests.

Last week, the Supreme Court suspended the High Court's order for four weeks and the chief justice asked protesting students to return to their classes, saying the court would issue a decision in four weeks.

However, the protests have continued daily, halting traffic in Dhaka.

The quota system also reserves government jobs for women, disabled people and ethnic minority groups, but students have protested against only the veterans system.

Hasina maintained power in an election in January that was again boycotted by the country's main opposition party and its allies due to Hasina's refusal to step down and hand over power to a caretaker government to oversee the election.

Her party favors keeping the quota for the families of the 1971 war heroes after her Awami League party, under the leadership of her father, Sheikh Mujibur Rahman, led the independence war with the help of India. Rahman was assassinated along with most of his family members in a military coup in 1975.

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