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Show AFFIRMATIVE ACTION: PATH TO EQUALITY OR REVERSE DISCRIMINATION? Natalie A. Noel specifically target minority students. The University of Utah Eccles School of Business was recently awarded a 2001 University of Utah Diversity Award. The business school provides scholarships and support for minority business students through their Minority Opportunities Program. "About half the recruits are first-generation college attendees and 86 percent are Utah residents. In addition to scholarships, the program offers a four-week Summer Institute to introduce students to the campus and provide preparatory coursework and learning skills. Since the program's inception in 1996, the business school has seen a 30 percent increase in enrolled minority students" ("U of U Announces 2001 Diversity Awards"). CONCLUSION Though the intentions of quota based affirmative action programs are laudable, the fact remains that under a quota based system individuals remain victims of discrimination. Admissions policies that utilize dual admissions programs and numerical goals in the form of quotas are clearly in violation of the Fourteenth Amendment's guarantee of equal protection under the law because judicial rulings have in effect determined Fourteenth Amendment rights to be largely individual and not group rights. In contrast, judicial decisions have been in conflict in regard to the use of racial classifications as a positive factor in admissions decisions. While opinion is divided over whether or not there can be positive racial classifications, the only definitive judicial theme in this regard, has been the consistent holding that positive racial classifications cannot be the determining factor in admissions decisions. The lower courts continue to remain divided, though, over the issue of using race as a "plus factor" specifically to increase diversity. The Supreme Court's holding in Bakke that positive racial classifications must undergo "strict scrutiny" and serve a "compelling interest," is the only judicial precedent set by the high court in which the use of positive racial classifications was considered. Thus, the question of how as a society we can most equitably increase opportunity for higher education to all our citizens remains a difficult one. The "percentage plans" enacted by governors of several states show promise in terms of increasing enrollment of underprivileged students. However, these plans raise equity issues as well, and have yet to be tested by the courts. Affirmative action policies that do not rely on quotas, set-asides, or numerical goals, but rather focus upon outreach and recruitment programs for targeted students can be effective in increasing enrollment and participation among under-represented groups. Though increased recruitment and outreach programs will not immediately yield large numbers of underrepresented minorities, they are a more equitable way to increase opportunity and bring about racial diversity than overtly, racially preferential admissions policies. Though these approaches to affirmative action may take longer to bring about change; the coupling of this approach with plans to improve failing high schools and improve the academic rigor and opportunity offered disadvantaged students of all races is not only a far better solution constitutionally, but a far better solution ethically. REFERENCES Ball, Howard. 2000. The Bakke Case: Race, Education, & Affirmative Action. University Press of Kansas: Lawrence, Kansas. Bolick, Glint. 2000. "Skillfully Redefining Affirmative Action." <http://www.myflorida.com/myflorida/government/learn/> (accessed 20 April 2001). Bruno, Andorra. 1999. "Affirmative Action in Washington State: A Discussion and Analysis of Initiative 200." CRS Report for Congress. February 18. Cahn, Steven M. 1995. The Affirmative Action Debate. New York: Routledge. Colamery, S.N. 1998. Affirmative Action: Catalyst or Albatross? Nova Science Publishers, Inc.: Commack, New York. Dale, Charles V. 2001. "Affirmative Action and Diversity in Public Education--Legal Developments." CRS Report for Congress. April 5. Diamond, Laura. 2000. "One Florida's Guaranteed Seats Won't Clog Colleges: Less Than Half of Top 20% Try Getting In." <http://www.myflorida.com/myflorida/government/learn/one _florida> (accessed 20 April 2001). "An Analysis of Governor Jeb Bush's 'One Florida Initiative.'" 1999. Egalitarian. American Civil Rights Institute. <http://www.acri.org/newsletter/december99/decl.html> (accessed 20 April 2001). Hirst, Elizabeth. 2000. "One Florida Yields Big Gains in Minority Enrollment." 29 August Press Release <http://www.myflorida.com/myflorida/government/learn/> (accessed 20 April 2001). Kleiner, Carolyn. 2000. "Wanted: A Whole Rainbow of Talent." U.S. News & World Report. 18 September, 3. Lowry, Richard. 2001. "Quota U: Ann Arbor Shows Its Colors." National Review, 19 March, 39-42. Miller, Carrie. 2001. Personal Interview. 14 April. Proposition 209 Initiative Constitutional Amendment. 1996. "Prohibition Against Discrimination or Preferential Treatment by State and Other Public Entities." <http://vote96.ss.ca.gov/Vote96/html/BP/209.htm> (accessed 20 April 2001). "Scrap Affirmative Action." 2001. Economist, 17 March. Selingo, Jeffrey. 2000. "Florida's Universities See Rise In Minority Enrollment After End of Racial Preferences." Chronicle of Higher Education. 8 September. Selingo, Jeffrey. 2000. "U. of Texas Defends the Program Affirmative-Action Foes Love to Attack." Chronicle of Higher Education. 2 June. p.A34. Selingo, Jeffrey. 2000. "What States Aren't Saying About The 'X-Percent Solution.'" Chronicle of Higher Education. 2 June. A31. 18 |