RAVENNA, Ohio — College scholarships that award students based on their race could be considered "unconstitutional," according to recent guidance from the Ohio Attorney General's Office, and it's prompted public colleges and universities across the state to review and make changes to their policies.
"We represent the public universities and colleges, and we called them up and said, 'Look, this is going to impact the way you're doing business. Let's make sure you're doing business in a way that's going to be defensible,'" Attorney General Dave Yost told 3News Thursday during a visit to Ravenna. "That's something that a good lawyer ought to do. I try to be a good lawyer for the state of Ohio, because at the end of the day, if we lose a lawsuit, the taxpayers are the ones who pay."
The guidance comes months after the Supreme Court's decision in June that ended affirmative action and the consideration of race in the college admissions process. On a January call with the state's public colleges and universities, Yost clarified that while the ruling doesn't specifically address scholarships, it does say "eliminating racial discrimination means eliminating all of it."
"Make sure you're complying with the law and we're here to help you," Yost said. "Don't get sued."
In a statement, the AG's office said that "race-based scholarships discriminate on the basis of race in awarding benefits. Therefore, it would follow such programs are unconstitutional. All scholarships should comport with the law. As there can be fact-based specific questions involving legal advice, this is something we would work with individual clients on to answer questions."
"That is one plausible interpretation of the direction of the [SFFA v. Harvard Supreme Court] decision,” Case Western Reserve University Law Professor Atiba Ellis admitted. "But again, this is not a specific interpretation that the Supreme Court gave, and it's not the guidance the Supreme Court provided."
In his interview with WKYC, Ellis noted that she was speaking as a scholar on race and law, and not on behalf of CWRU.
"Certainly, there is as much politics going on here as law," Ellis said. "So far, the courts are signaling that this decision is narrowly about decision making in admissions, which would suggest that issues either prior to the admissions decision or after the admissions decision haven't been clearly addressed, including the use of scholarship money."
Still, he's not surprised schools across the state are being cautious after the SCOTUS ruling and the guidance from Yost's office.
"At the end of the day, I think this is fundamentally a debate about how important diversity is in higher education, and by extension how important it is to ensure that our society is representative," he added. "But we have fundamental differences about what that ought to mean."
3News reached out to several colleges and universities who told us they are reviewing their scholarship practices. Some are making changes to get rid of any "race-based component."
You can read statements from the schools we heard back from below:
Cleveland State University
"Cleveland State University has been analyzing the issue and is in the process of reviewing the vast number of scholarships and endowments offered in light of Students for Fair Admissions, Inc. v. President and Fellows of Harvard College."
The Ohio State University
"We are in the process of updating scholarship criteria to ensure compliance with the law. We have begun reviewing all potentially relevant scholarships. At this point, it is too soon to give specific numbers. In Fiscal Year 2024, we expect to distribute approximately $448 million dollars in financial aid. Scholarships are awarded by all 15 colleges, regional campuses, and other university and university-affiliated units. We enroll more than 65,000 students, and scholarships are not all awarded on the same annual schedule."
Kent State University
"We are continuing to review the potential impact of the Supreme Court’s Harvard ruling and guidance from the state of Ohio. We remain committed to helping every student graduate, which means offering academic, personal and financial support at every point of a student’s path to their successful career. Scholarships are another way we work to make the Kent State experience affordable while reducing debt for our graduates."
University of Akron
"The University is currently in the process of reviewing and updating all scholarships that have a race-based component. At this moment, I do not have a report on the number of scholarships or their combined amount as this is an ongoing process."
Ohio University
"Following the June Supreme Court decision in the Harvard case and subsequent guidance from the U.S. Department of Higher Education and the state, Ohio University is working to complete a review of a small but important subset of gift agreements to determine which can proceed without language changes and which gift agreements may require a conversation with the donor(s) regarding the implementation of revisions.
"Many of our scholarship programs have already undergone review and will be moving forward for the upcoming academic year, including OHIO's highly competitive Templeton Scholars and the Appalachian and Urban Scholars Programs. For those remaining in review, the process will take time, and it would be premature for us to comment further on any potential outcomes, including the scope of impacted scholarships and/or gift agreements."
Cuyahoga Community College
"As the community's college, Tri-C is continuously reviewing our scholarship approach to best serve students who need access the most. In this instance, we are currently considering the attorney general’s guidance as we remain committed to ensuring we advance our mission of providing high-quality, accessible, and affordable educational opportunities that enhance the quality of life in a multicultural community.
"Some context:
- 40% of Tri-C students from minority groups
- 60% of Tri-C students receive some form of financial aid."