Proposal 2

Questions and Answers Regarding Proposal 2

Updated April 23, 2009.

Q: What is Proposal 2?
A:
Proposal 2 was adopted by Michigan voters on November 7, 2006, and took effect in late December of that year. It amends the Michigan Constitution to ban public institutions from discriminating against or giving preferential treatment to groups or individuals based on their race, gender, color, ethnicity, or national origin.

Q: Does the University follow the law?
A:
Yes. The University certainly obeys the law. We recognize the voters’ decision, and comply with Proposal 2. Some aspects of the amendment are open to interpretation. We anticipate there may be differences of opinion about how to interpret its application to specific programs, and that resolving those differences may require some clarification by the courts. For example, similar ballot proposals were interpreted as permitting targeted outreach to underrepresented populations in Washington but prohibiting it in California. Over time, these uncertainties will be sorted out.

Q: Does Proposal 2 prohibit public institutions from seeking diversity?
A:
No. Proposal 2 precludes discrimination and preferential treatment on the basis of race, ethnicity, gender, or national origin. It does not in any way mean that diversity is no longer a permissible, indeed compelling, interest. The University of Michigan is firmly committed to the goal of creating a diverse educational environment. We work to build a community that is broadly diverse, which means that our faculty, staff, and students come to U-M with a wide range of backgrounds, experiences, and perspectives, each of whom contributes to the excellence and dynamism of the University’s learning environment.

Q: Why does the University of Michigan believe diversity is so important?
A:
We know from research and from our experience as educators that building a diverse community adds to the quality of our teaching and learning, our scholarship, and our creative endeavors. U-M President Mary Sue Coleman discussed this in her November 2006 address to the University community when she said, “Diversity makes us strong, and it is too critical to our mission, too critical to our excellence, and too critical to our future to simply abandon. This applies to our state as much as our University. Michigan’s public universities and our public bodies must be more determined than ever to provide opportunities for women and minorities, who make up the majority of our citizenry.”

Q: What is the relationship between the University’s pursuit of diversity and its academic excellence?
A:
The University strives first and foremost to be academically excellent. Diversity is an essential component of our excellence. The quality of our academic programs is enhanced by the rich and varied contributions of our diverse students and faculty, who approach problems from different perspectives. Many top scholars are attracted to our community because they can study and conduct research with others who challenge their ways of looking at the world. The University of Michigan has become one of the top public universities in the world precisely because it is diverse — and measures such as our graduation rates, scholarly production, rankings of our academic programs and the number of applications for admission are evidence of this success.

Q: What has the University done about admissions and financial aid since passage of Proposal 2?
A:
As stated in the language of Proposal 2, our admissions and financial aid processes do not discriminate against, nor grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin. Of course, the amendment also specifies certain exceptions, including one for federally funded programs, and we follow those exceptions as well.

Q: Are underrepresented minority students still welcome at U-M?
A:
Yes. All students who excel at their studies, and who aspire to attend the University of Michigan, are encouraged to apply, and, if admitted, to enroll. Our entire community works together to make sure our climate is welcoming, and that the success of every student is supported.

Q: What will happen to underrepresented minority enrollment under Proposal 2?
A:
U-M does everything in its power, within the law, to make sure that the declines in minority enrollment seen in California’s top public universities following passage of Proposition 209 do not occur in Michigan following passage of Proposal 2. Part of the decline in California was the result of minority students’ choosing not to apply—or, if they did apply and were offered admission—choosing not to enroll. Faculty, administration and staff, current students, alumni, and community members all play an important role in encouraging minority students to apply to U-M, and to enroll here if admitted.

Recent enrollment data are available online from the U-M Office of Budget and Planning.

Q: How are undergraduate admissions decisions made at U-M now?
A:
Each year, we may receive as many as 29,000 or more applications for an incoming freshman class of approximately 5,500 to 5,900. Among those applications, we seek the smartest and the most creative and talented, most energetic and passionate, most motivated and visionary students. While we consider academic qualifications, based primarily on grades and also on test scores, we look beyond those factors to assemble the best possible incoming class each year, a class that will contribute to the University community as they work toward graduation.

To achieve this, we use a thorough, holistic, personal, and individualized process. Every application receives a minimum of two independent reviews. The reviewers all bring substantial professional experience to the job, and are trained thoroughly in our admissions process. To form their decisions, the reviewers consider numerous complex factors:

All students who aspire to the University of Michigan are encouraged to submit their applications as early as possible within the published deadlines. Every student who applies before the application deadline will be given full and fair consideration.

Q: How do you let people know about your admissions process? Aren’t there secret parts of the process that you don’t share with applicants, their families, and the general public?
A:
No. There are no secret parts of the process. In fact, U-M may be the only major school in the country to have such a transparent undergraduate admissions process, which is fully available online.

Q: Are race, ethnicity, national origin, and gender still on the application? If yes, why?
A:
Proposal 2 forbids granting preferential treatment on the basis of race, ethnicity, national origin, and gender in public education, but does not forbid collection of that information. The University is required by law to report these data in some circumstances. And, in order to better serve all our students, it is important for the University to know who our applicants are, and what their interests and needs may be.

Q: How do you know that the undergraduate admissions staff who can still see race, ethnicity, gender, and national origin on the application aren’t using those factors in their decision-making?
A:
We make the rules clear to all our reviewers and fully expect that they follow them. All our application reviewers are experienced professionals, and—given the confidential nature of much of the information students share on their applications—we take the integrity of our reviewers very seriously. Additionally, checks and balances built into the multiple-review process also help to ensure compliance by individual reviewers.

Q: Is the University continuing to make financial aid awards based in part on race, ethnicity, gender, or national origin?
A:
No. University-funded financial aid programs do not consider race, ethnicity, gender, or national origin in making awards. Where Proposal 2 would permit consideration of these factors, such as in certain federal grant programs, we would comply with the requirements of those federal programs.

Q: Can U-M replace race- and gender-conscious programs with ones that focus on socioeconomic status?
A:
Socioeconomic status has long been considered in our programs, including admissions and financial aid, and it continues to be a priority for us to ensure that opportunities are extended to all students regardless of their financial circumstances. But that doesn’t help us enroll a student body that is racially diverse. There are far more white students from low-income families applying to the University than minority students from low-income families. Socioeconomic status does not work as a substitute for race, and that has been shown clearly at other schools that have tried it. And it is not at all helpful in addressing participation on the basis of gender.

Q: What is U-M doing about University-funded financial aid programs that formerly included some consideration of race, ethnicity, gender, or national origin factors?
A:
University-funded financial aid programs that were previously available to admitted students based in part on race, ethnicity, gender, or national origin are now targeted toward students based on other criteria that remain permissible under Proposal 2. Those criteria include factors such as high school and neighborhood cluster, socioeconomic status, first-generation-college status, those living in single-parent homes, participation in certain federal programs such as Upward Bound, Gear Up, or Trio, etc. The Michigan Tradition Scholarship and the Michigan Experience Scholarship are examples of new resources that have been developed recently.

Altogether, the University of Michigan makes more than $70 million available to our admitted students—one of the largest pools of financial aid resources available at any public institution in the country. U-M’s need-based aid makes it more affordable to attend U-M than any other public university in the state or any public university in the Big Ten.

Seventy percent of U-M students receive some type of financial aid. A significant portion of financial aid is based on need—including the University-funded M-PACT grant program—and that will not change. For Michigan residents, the U-M Board of Regents mandated many years ago that the University will cover the full demonstrated financial need of every admitted Michigan-resident undergraduate.

Consistent with the amendment’s terms, federally funded aid is not affected by Proposal 2.

Q: How does Proposal 2 interact with federal laws?
A:
The amendment contains an exception that permits any actions—even those that consider race, ethnicity, gender, or national origin—that are mandated by federal law or that are necessary in order for an institution to receive federal funding.

Q: How does Proposal 2 impact U-M’s capacity to apply for federal grants that consider race, ethnicity, gender, or national origin?
A:
Individuals at the University should, as always, continue to disseminate announcements of federal grant programs and may apply for grants under federal programs that seek to promote diversity. If the University is chosen as a grant recipient, then it should comply with the terms of that grant, including any terms that require consideration of race, ethnicity, gender, or national origin in pursuit of the goals of the federal program.

Q: How does the University think about national origin in its efforts to build a diverse community?
A:
The world is more interconnected than ever before, and graduates of our University must learn about the complexities of operating in a global environment if they are to be successful leaders. U-M works to build a learning community that is broadly diverse, and that includes welcoming students, staff, and faculty from all across the globe. These international scholars contribute to our vibrant intellectual community.

Q: What is the relationship between the University’s pursuit of diversity and its role in the state’s economic growth?
A:
The state of Michigan is undergoing a difficult economic transition, one in which the education and preparation of its citizens for a new economy will be more important than ever before. A number of reports have identified the urgency of ensuring that an ever-greater cross-section of Michigan’s population is able to attain a college degree. We must tap all available talent in our state if we are to prosper in the future. The University of Michigan and other public universities in our state will play a critical role in extending these opportunities to all our citizens.

Q: Following passage of Proposal 2, has U-M undertaken new efforts to achieve the goal of a diverse community?
A:
Yes. The Center for Educational Outreach and Academic Success was established to advance the University’s continuing commitment to educational outreach and collaboration with K-12 schools, service organizations, and communities. The Diversity Matters at Michigan website provides a comprehensive compilation of the University’s diversity resources and programming.

These new resources, along with numerous other new and enhanced initiatives throughout the University, evolved from the recommendations of the University-wide Diversity Blueprints Task Force, which was appointed by President Coleman in December 2006 to develop strategies that will sustain and enhance diversity, reaffirm the University’s commitment to the educational value of diversity, and help assure equal treatment of groups and individuals regardless of race, gender, color, ethnicity, or national origin. The Task Force’s final report made concrete recommendations on recruiting, precollege/K-12 outreach, admissions, financial aid, mentoring/student success, climate, curriculum/classroom discussions, diversity research and assessment, and external funding opportunities, and the University has committed significant resources to the most promising recommendations.

Q: Is the University planning to take any legal action in connection with Proposal 2?
A:
We do not plan to initiate any lawsuits at this time. However, we will respond as needed to any legal challenges that arise.

In the meantime, we will make our best attempt to interpret the language of Proposal 2, and continue our programs in a manner that both complies with the law and legally protects our diversity and our academic excellence. If challenged, the University of Michigan is prepared to defend our programs and our interpretation of the law.

At this time, we are named as defendants in a federal court lawsuit that is challenging implementation of Proposal 2. That suit was filed by a coalition of groups, including Coalition to Defend Affirmative Action By Any Means Necessary (BAMN), and has been consolidated with a later suit, filed by a coalition of groups including the American Civil Liberties Union, which does not name U-M as a defendant. In March 2008, the federal court rejected the challenge to Proposal 2; the court’s decision is now being reviewed by the Federal Court of Appeals.

Q: What will be the source of funds to defend or pursue any litigation?
A:
If the University of Michigan is the defendant in a lawsuit, as is true in the BAMN case, the University’s legal insurance will cover the cost of its defense. Those expenses are likely to be significantly less than the cost of defending the two cases that went to the Supreme Court. We are not planning to initiate any legal action at this time.

Q: Will U-M discontinue the programs that encourage and support diversity within its student community, like Multi-Ethnic Student Affairs (MESA), Comprehensive Studies Program (CSP), Women in Science and Engineering (WISE), Undergraduate Research Opportunities (UROP), etc.?
A:
No. These program are needed more now than ever before. These programs have been reviewed for compliance, and they do comply with the law.

Q: Has U-M discontinued programs that reach out to specific minorities or genders, such as those that encourage girls to study science or engineering?
A:
We have reviewed these outreach and pipeline programs and believe they are on firm legal ground.

Q: Has U-M continued outreach programs directed to women and underrepresented minority high school students?
A:
U-M is committed to continue outreach programs, because we must be able to extend the opportunity for a college education to all students. The success of the state of Michigan depends on it. Partnerships with high schools are an important pipeline for drawing great students to Michigan, and those programs will go on.

Q: Will U-M student clubs and other organizations that focus on race, gender, or nationality, like the Society of Women Engineers or the Black Student Union, still exist under the provisions of Proposal 2?
A:
The University supports a wide range of student organizations, and those will be able to continue. All recognized U-M student groups are prohibited from discriminating in their membership criteria. Many of those student organizations have as their mission the support of a particular gender or racial or ethnic group, and that does not need to change, as long as the student organization membership is open to all who support that mission.

Q: Has U-M changed its employment practices to comply with Proposal 2?
A:
Employment practices at U-M already complied with Proposal 2; and therefore, did not change. In addition, the University’s nondiscrimination policy remains in effect. The passage of Proposal 2 does not change U-M’s commitment to diversity, nor does it alter the University’s employment practices or the protections and requirements of various federal and state laws, including the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, the Americans with Disabilities Act, and Michigan’s Elliott-Larsen Civil Rights Act, which prohibits a wide array of discrimination extending far beyond race and gender. Federal law requires the University, as a federal contractor, to take affirmative steps in the employment process in order to adhere to the equal employment opportunity and affirmative action provisions of Executive Order 11246 regarding race, gender, color, religion, and national origin.

Q: Does the University continue to seek minority and women faculty members?
A:
Yes. Recruiting and retaining a diverse faculty is critical to our academic excellence. This important work will continue. Contact the Office of Institutional Equity for information on current guidelines.

Q: What will happen to the positions of staff members who work in programs that support the success of women and minorities, such as Women in Science and Engineering (WISE) and the Multicultural Engineering Programs Office (MEPO)?
A:
No one’s job at U-M is at risk because of Proposal 2. The work of those staff members is more important than ever before. Of course, the University will continue to review all programs dedicated to minority affairs and campus diversity to ensure they comply with the law, as has been done for many years.

Q: What has happened with the resources that, before Proposal 2, were dedicated to underrepresented minorities and gender-related programming?
A:
Building a diverse community is an essential part of the University’s mission, and this work continues. A decrease in resources dedicated to these efforts is not anticipated; though, of course, those resources will be used in a manner that complies with applicable law.

Q: Has there be a change in the climate on the U-M campus?
A:
The entire University community is working together to make sure our climate is welcoming, and that the success of every individual is supported. Every student admitted to U-M is highly qualified, and has earned his or her place at the University through hard work and academic achievement. Our faculty and staff are among the best in their fields, and are the foundation of our academic excellence. The University’s Expect Respect and Campus Commitment initiatives are significant reminders of the importance we place on respect for every individual.

Q: Where can I go for more information?
A:
The University has a website, Diversity Matters at Michigan, devoted to research and resources about diversity. New information and updates will be posted there. In addition, U-M faculty, staff and students may submit questions to DiversityQuestions@umich.edu. Questions submitted to this address will go to the Office of Institutional Equity and will be routed to the appropriate areas for response.

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