College Admissions Scandal and Civil Rights
In spring 2019, federal agents in Boston announced indictments in a college admissions scandal, where wealthy parents as well as employees of the education consulting business that offered fraudulent admissions assistance and several university employees were charged with fraud. Public outrage ensued over many factors related to the charges – that wealth bought spots in higher education, leaving fewer spots available for students qualifying on their merits; that some college coaches accepted bribes, tainting intercollegiate athletics; and that such fraud exists in addition to the odds often stacked against lower income applicants and applicants of color given the perfectly legal ways in which highly resourced parents boost their children’s chances of admission.
How did the fraud work?
The nuts and bolts of the fraud present interesting civil rights implications. Some wealthy parents paid for their children to falsely be given disability accommodations for college entrance exams, and sometimes had those exams taken by or scored by adults active in the fraud, all so that a higher score could be recorded for those students. Other parents paid for their children to be falsely categorized as an athletic recruit for certain sports. Most colleges give recruited athletes an admissions advantage or “tip,” including Division III schools where there are no athletic scholarships.
Taking steps to prevent future fraud - with equity in mind
Schools and their stakeholders, as well as parents and applicants want to lessen the likelihood of these practices occurring in the future. Schools are also taking steps to review the status of current students who may have been admitted on the basis of fraud. While conducting these important and needed reviews, schools should ensure that students’ civil rights are respected.
Safeguarding against disability discrimination
College applicants with disabilities are able to seek accommodations for taking standardized tests, such as extra time or a quiet testing location. Typically, college admissions staff won’t know if a student has utilized testing accommodations or not, when they review an applicant’s test scores. Such knowledge could result in discrimination toward applicants with disabilities.
What happens if institutions of higher education suspect that a current student or applicant may have fraudulently utilized testing accommodations? Students with documented disabilities who have legitimate needs for accommodations fear that they may face a higher barrier to receiving accommodations, and students with disabilities who are already enrolled worry that they may be singled out for scrutiny. If an institution chooses to review applicant or student information by focusing on students who have requested or are receiving disability services from the school, it is possible that those students may be treated differently on the basis of disability, or may be retaliated against for having sought accommodations. Schools should ensure that students with disabilities are not treated differently based on disability.
Keeping true to Title IX
For fraudulent admissions concerning recruited athletes, you may have noticed that the sports that were to receive fake recruits were not high publicity sports such as football and basketball. Instead, these students were recruited for sports like crew, sailing, and water polo - sports where it is easier to avoid a challenge to the legitimacy of a recruit. Some of these sports, such as women’s crew, often maintain high roster numbers, an issue which has been challenged by people concerned that not all of the athletes listed on the roster are receiving a true athletic experience, and that the school may be using the roster to appear to come into compliance with Title IX’s requirements on providing equivalent numbers of athletic opportunities to male and female athletes in proportion with overall male and female enrollment at the institution. Roster management is an issue for another day, but there are several Title IX possibilities related to the admissions scandal.
It is possible that a school may not be in compliance with Title IX if fraudulent recruitment affects gender equity in recruiting expenditures, given any fraudulent recruits who did not end up on a squad list. Further, if a school includes fraudulent athletes on its roster list, its athletic participation data may be incorrect for Equity in Athletics Disclosure Act data submissions.
Many schools have reported that they are stepping up their athletic oversight policies and practices, and scrutinizing athletic recruits. If a school choose to review its recruitment practices only for a selection of women’s sports, or to scrutinize only recruited athletes for certain women’s sports, it could be treating those athletic programs and students differently on the basis of sex. Schools should keep Title IX in mind as they implement new best practices for ensuring the integrity of their athletic programs.
The finish line
Schools need to review admission practices and procedures in light of the fraudulent practices exposed by the federal investigation, and they can comply with Title II of the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, and Title IX while doing so. Let light shine on college admissions practices so they may result in a fair process for all students, ensuring trust in our academic institutions.
This blog post does not provide legal advice. Any laws, regulations or facts cited may be affected by future events.
