UNITED STATES DEPARTMENT OF EDUCATION 

OFFICE FOR CIV1L RIGHTS 

ASSISTANTSECRETARY 

TheOfficeforCivilRightsintheU.S. Department of Education issues this guidanceto provide 

postsecondary institutions withinformation on how OCR assesses theuseof race in 

admissionsconsistentwith Title Vl of theCivil Rights Act of 1964, 42 U.S.C. 2000d (TitleVl). 

ThisguidancesetsouttheapplicableTitle Vl principles,includingpertinentstandards 

enunciatedby the U.S. Supreme Court in the pastfiveyears. 

Thisguidancerepresents the Department's thinking current onthistopic. lt doesnotcreateor

confer any rights for or on any person.Thisguidancedoesnot impose any requirements 

beyond those required under applicable law and regulations. 

lf youare interested in commenting on this guidance,pleaseemail us yourcommentat 

OCR@ed.govorwrite to us at the following address:AssistantSecretaryforCivilRights, 

400 Maryland Avenue,SW, Potomac Center Plaza, Washington, D.C.20202-1100. 

Dear Colleague: AUG28 2OOB 

I am writing to clarify how theOffice for Civil Rights(OCR) in theUnited States Departmentof 

Education evaluates whether the use of race in admissions by a postsecondaryinstitution is 

consistent with Title VI of the Civil Rights Act of 1964 (hereinafter"Title VI"). OCR is 

responsiblefor enforcing Title VI, which prohibitsdiscriminationbased on race,color, or 

nationalorigin by recipientsof Federal financial assistance,includingpublic, and most private, 

postsecondaryinstitutions. 

OCR has received numerous inquiries, from postsecondaryinstitutions, individuals andprivate 

organizations, about the impact of the Supreme Court's 2003 decisions in Gratz v. Bollinger, 

539 U.S. 244 (2003)("Gratz"), and Grutter v. Bollinger, 539 U.S. 306, (2003) ("Grutter"). In 

Grutter v. Bollinger, 539U.S. 306 (2003),the Supreme Court(hereinafter"the Court") 

concluded,"studentbody diversity is a compelling stateinterestthat canjustify the use of race in 

university admissions." The Court therefore found lawful the way that the Law Schoolat the 

University of Michigan had sought to achieve diversity. In contrast, the Court foundthe use of 

raceintherelatedcaseofGratzv. Bollinger,539U.S.244 (2003),tobeunlawful.In Gratz, 

which involved the undergraduatecollegeof the University of Michigan, the Court found 

unlawful the way the undergraduate school had made race "a decisive factor for virtually every 

minimally qualifredunderrepresentedminority applicant." Id. at274. The undergraduate school 

had failed to consider "each applicant's individualized qualifications, includingthe contribution 

each individual's race or ethnic identity will make to thediversity of the student body, taking into 

account diversity within and among all racial and ethnicgroups." Id. at 277 . 

The Court's response to the different approaches chosen by the Law School and undergraduate 

collegeprovidesbroadparametersto guidepostsecondaryinstitutionsthrough the constitutional 

and Title VI issuesthat arise if race (aswell as color or national origin) is used in admissions. 

Specifically, the Court applies "strict scrutiny"to admissions policiesin order to ensure that 

burdensplacedon individuals because of their race are narrowly tailored to serve a compelling 

governmentalinterest. 

4OO MARYLAND AVE.. S,W., WASHINGTON, D.C,2O2O2-TTOA 

w.eo.gov 

Our mission is to ensure equal access to education and to promote educatlonal excellence throughout the nation. 
Page 2 - Dear ColleagueLetter:Title VI Postsecondary EducationAdmissions 

Consistentwith these decisions,OCR's policy continuesto be that racial classificationsin 

admissionspoliciesare impermissible unless they are"narrowly tailored"to meeta "compelling 

governmentalinterest" suchasthe remediation of pastdiscrimination or, in the context of higher 

education,to achieveappropriatestudentbody diversity. Due to their highly suspect narure, 

racialclassificationswill only bepermittedif thereexists"the most exact connection between 

justification and classification." Id. at270 (quotingFullilove v. Klutznick, 448U.S. 448, 537, 

65 L. Ed. 2d902,100 S. Ct.2758(1980)(Stevens,J., dissenting)) 

As a result, if a postsecondaryinstitutionseeksto use racial classificationsin admissions, it will 

bear the burdenof providing sufficientdetail about its processto enable OCR to determine 

whetherthe institution is complyingwith Title VL Under the Fourteenth Amendmentto the U.S. 

Constitution, a public educationalinstitutionis thegovemmentactorthat must be able to justify 

its decision to use racial classifications.Both public andprivateinstitutionsreceivingFederal 

financialassistanceare required underTitle VI to be able to justify thesedecisions. The Title VI 

regulationsrequire recipientsto keep recordsand to submit "timely, completeand accurate 

compliancereports"when sucha report is necessaryto enable OCR to ascertain whetherthe 

recipientis in compliance with the Title vI regulations, 34 c.F.R. $ 100.6(b). 

When developing admissions policies, postsecondaryinstitutionsmust comply with the 

constitutional principles of equal protection. OCR is availableto providemore detailedtechnical 

assistanceto individual postsecondary institutionson a case-by-casebasis. 

The parametersoutlinedbelow describefactorsthathavebeenand will continueto be used by 

OCR in assessingwhethertheparticularuse of race in admissionsby a postsecondaryinstitution 

receivingFederalfinancialassistanceis permissible.OCR will applytheseparameterswhen 

undertakingTitle VI investigations andin OCR's otherapplicableenforcementactivities: 

. Use of race mustbe essential to an institution's missionandstatedgoals; 

o The diversity soughtby the postsecondaryinstitutionmustbe broader thanmere 

racialdiversity; 

o Quotasare impermissible; 

. Providingindividualizedconsiderationis paramountandthere must be no undue 

burdenon other-raceapplicants; 

o Beforeusing race, there must be seriousgoodfaith considerationof workable raceneutralalternatives;and 

o Periodicreviewsare necessary and the use of race must havea logical endpoint. 

I look forward to continuing our work togetherto ensure equal access to education and to 

promoteeducationalexcellencethroughoutthe nation. Thankyou for your effortson behalfof 

America's students. 

Sincerely, 

'q,We/* StephanieJ. Monroe 

AssistantSecretary 

for Civil Riehts