Summary of Federal Laws
Students
Miscellaneous Laws Affecting Students
Non-Discrimination with Respect to Students
Affirmative Action Programs
The regulations to Title VI of the Civil Rights Act of 1964 and Title IX of the Education Amendments of 1972 may in narrow instances require affirmative action admissions programs if the university has discriminated on the basis of race or sex in the past. Reverse discrimination is also prohibited under this law. See 34 C.F.R. § 100.3, § 100.5, and § 106.3. See also Selected Recent Case Law Under Title VI.
For policy on minority-targeted student aid, see 59 Fed. Reg. 8756 (Feb. 23, 1994), and Student Assistance General Provisions at 34 C.F.R. § 668.41 et seq. But, see also Podberesky v. Kirwan, 38 F.3d 147 (4th Cir. 1994), which does not follow the Office for Civil Rights policy. It is anticipated that this Policy Guidance will be revised in light of the U.S. Supreme Court decisions in Grutter v. Bollinger and Gratz v. Bollinger.
CFR updated 10/21/08 rab
Updated 7/21/03 to reflect Michigan affirmative action decisions.
Updated 6/26/07 Formatting links updated 6/12/08 rab
updated 2/22/09 Last Revised 22-Feb-09 02:02 PM.
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