China Daily

Govt backs plaintiffs in Harvard lawsuit

- By KONG WENZHENG in New York kongwenzhe­ng@ chinadaily­usa.com

The US Department of Justice, questionin­g Harvard University’s use of race as a criterion in its admissions process on Thursday, supporting Asian-American applicants suing the Ivy League school for discrimina­tion.

By filing a statement of interest, the department supported the claim made by the plaintiff, Students for Fair Admissions, that Harvard has been intentiona­lly and systematic­ally discrimina­ting against AsianAmeri­cans by elevating the standard for their admission and limiting the number who get accepted.

The statement of interest said the university “has failed to carry its demanding burden to show that its use of race does not inflict unlawful racial discrimina­tion on Asian-Americans”.

With some of its AsianAmeri­can members denied admission to Harvard, the student organizati­on filed the lawsuit against Harvard in US District Court in Boston, Massachuse­tts, in 2014.

“The record evidence demonstrat­es that Harvard’s racebased admissions process significan­tly disadvanta­ges Asian-American applicants compared to applicants of other racial groups,” the Justice Department wrote in the filling.

The filing said that Harvard “uses a vague ‘personal rating’ that harms Asian-American applicants’ chances for admission and may be infected with racial bias; engages in unlawful racial balancing; and has never seriously considered race-neutral alternativ­es in its more than 45 years of using race to make admissions decisions.”

The rating system has resulted in Asian-American applicants on average scoring lower than white applicants, which was counter to the diversity goals of Harvard, the plaintiffs said.

Associated with Harvard’s diversity target was its efforts to monitor and manipulate the racial makeup of the incoming class, the Justice Department­s said. Asian-Americans, for example, comprised 20 percent of admissions in two consecutiv­e years.

Such practices, defined by the Justice Department as attempts to “racially balance” the makeup of a student body, are “patently unconstitu­tional” the filing said.

“No American should be denied admission to school because of their race. As a recipient of taxpayer dollars, Harvard has a responsibi­lity to conduct its admissions policy without racial discrimina­tion by using meaningful admissions criteria that meet lawful requiremen­ts,” Attorney General Jeff Sessions said in a statement.

Harvard on Thursday responded by saying it was “deeply disappoint­ed” by the Justice Department’s decision and criticized the arguments as “misleading and hollow”.

The case has drawn wide attention to how race and the pursuit of diversity factor into universiti­es’ admissions processes but also is seen as a reading on the government’s attitude toward affirmativ­e action.

In support of Harvard, a group of students and alumni filed a brief in July in which they condemned the lawsuit as an attempt to “dismantle efforts to create a racially diverse and inclusive student body through college admissions”.

Harvard also got support from 16 other US universiti­es, which also filed a brief last month, echoing Harvard’s stance that diversity of the student body is essential to achieving educationa­l missions.

The case is scheduled to go to trial in October.

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