UT admissions policy not discriminatory

Two applicants sued the University of Texas at Austin, alleging that its admissions policies and procedures discriminated on the basis of race. At the time the lawsuit was filed, 81% of students were admitted under the top 10 percent law, which guaranteed admission to students who graduate in the top 10 percent. The remaining 19 percent were evaluated under a multi-faceted, individual review process. Under that plan, an Academic Index and a Personal Achievement Index were assigned to each applicant. The Academic Index considered class rank, standardized test scores and high school curriculum, while the Personal Achievement Index considered more subjective factors, such as leadership qualities, extracurricular activities and “special circumstances,” including race. 

The Fifth Circuit Court of Appeals held that UT’s admissions policies did not discriminate on the basis of race. Public universities have the right to increase enrollment of underrepresented minorities. However, any measures used to consider race as a factor in the admissions process must allow for individualized consideration of applications of all races and should consider qualities and experiences beyond race that may also contribute to diversity. Universities may not establish a quota for minority applicants, evaluate minority students on separate admissions tracks, or award a fixed number of bonus points to minority applicants.