Daring To Diversify The Rhetoric of Higher Education in a Post-Affirmative Action World

On June 29, 2023, the US Supreme Court issued its long-awaited decision on race-conscious admissions, effectively ending decades of affirmative action programs at colleges and universities nationwide. In the aftermath of this historic decision, which was split along ideological lines, higher education leaders immediately began crafting institutional narratives about diversity and belonging on campuses.

Origins of the Diversity Language Within Higher Education.

The emergence of diversity rhetoric in higher education began in the 1960s and 1970s, colliding with the 1978 Regents of the University of California v. Bakke Supreme Court ruling stating that "racial difference could play a role in university admissions insofar as it provided an educational benefit to all students." While racial injustice in higher education has a long history in the United States, this ruling created a host of problems as it reduced the original philosophies and activism of groups like the Black Power Movement and the Chicana/o Movement and groups like Black Student Unions and student activists in the 1960s who were not striving for just the "acknowledgment of difference," but were instead pushing for institutional actions that addressed the needs of minority students. These groups wanted this to go beyond university admission practices. They demanded a change in institutional policies and practices that explicitly structured inequalities on the campuses of Historically White Institutions of higher learning.

However, most followers of Bakke believed the reversal of "affirmative action" would be "catastrophic" and would set back the major strides made toward educational equality, especially in historically white professional and medical schools. As McGeorge Bundy argues in a 1977 article in The Atlantic, "what most close observers believe is that if these same mainly white medical schools were driven back to 'racially neutral' admissions, the number of [B]lacks would slide back close to where it was in 1968. A parallel impact would be felt in other professional schools and in selective colleges. The consequences of such a backsliding, both to the aspirations of racial minorities and to the honorable efforts of whites, are mildly described by the word catastrophic."

Introductions

Cathy Copeland, Director of the American Democracy Project, American Association of State Colleges and Universities (copelandc@aascu.org)
Erin O'Hanlon, Stockton University (erin.ohanlon@stockton.edu) -- Stockton's Response
Byron Craig, Interim Chief Equity and Inclusion Officer, Assistant Professor School of Communication, Illinois State University (bbcraig@ilstu.edu)
Paul Cook, Professor of English, Indiana University Kokomo (paulcook@iu.edu)

AGENDA

Rhetorical Analysis 101
Case Studies / Examples
Four Corners Activity
Crisis Communication: Tactics and Tools
Discussion / Q&A

Protests in the wake of the Supreme Court's historic decision in June 2023 ending affirmative action at US colleges and universities.

Rhetorical Analysis

For our presentation, we offer an analysis of institutional statements created after the Supreme Court Ruling reversing Affirmative Action. We draw our analysis from the work of Bitzer's Rhetorical Situation, which takes on many forms, including political speeches that are meant to persuade an audience of voters, a marketing campaign to convince consumers to buy specific products, debates over controversial topics, public service announcements that attempt to change people's behavior, as well as Critical Discourse Analysis (Van Dijk, 2003) which is a methodology that enables a vigorous assessment of what is meant when language (or images, media, other texts) is used to describe and explain some phenomena in the public culture.

For our analysis, we used five categories that fall under the canon of traditional rhetorical analysis. These included:

Rhetorical Consistency: Is the language used in the statement consistent with other like-type institutions?
(Intended) Audience: Audience analysis refers to your readers, your listeners, your viewers, and your users. Audience analysis is critical as it helps the writer, speaker, or photographer craft a message designed to effectively communicate a message specific to them.
Speaker: The person (or group of people) who compose(s) a text with the purpose of informing, persuading, and/or entertaining. The speaker is, to a degree, dependent on what the audience wants to believe, know, feel, or do (https://writersworkshop.illinois.edu).
Visual Statement(s)/Texts: Visual rhetoric is two things. First, is the use of visual images to communicate meaning. Moreover, it is also about the study of how culture and meaning are reflected, communicated, and altered by images (Hariman and Lucaites).
Language Used: is it policy-driven, mission-oriented, neutral, status quo, etc.? To be sure, language/written text(s) are organizational texts that "structure phenomena. They prescribe and organize relations between people and relations to the university" (Thomas, 2020, p. 57).

Case Studies

Alignment with Mission and Values

These statements align with universities mission and values statements as well as their Diversity, Inclusion, and Equity (DEI) statements, policies and procedures.

Michigan State University

"MSU values diversity and inclusion. All Spartans benefit from a more diverse student body, faculty and staff, which better prepares our students for post-graduation success and makes a more inclusive and welcoming society." Emily Gerkin Guerrant, MSU Vice President and Spokesperson

Princeton University

For now, I will reiterate principles and commitments fundamental to this University's mission: Talent exists in every sector of American society, and we have an obligation to attract exceptional people of every background and enable them to flourish on our campus; Diversity benefits learning and scholarship by broadening the range of questions, perspectives, and experiences brought to bear on important topics throughout the University; Our multicultural society requires that, in the words of Justice Sandra Day O' Connor, 'the path to leadership [must] be visibly open to talented and qualified individuals of every race and ethnicity'." Christopher L Eisgruber, President Princeton University

Swarthmore College

"Other developing initiatives -- such as our strategic planning efforts and the creation of a new vice president for diversity, equity, and inclusion position -- may also provide new approaches to cultivating a richly diverse campus community."

"I want to say directly to those of you from historically marginalized communities who may find today's decision particularly painful -- you belong here."

"While we will abide by the Court's ruling, in the face of challenges to the values integral to who we are, we will persist in fostering a diverse, inclusive community." Valerie Smith, President Swathmore College

Organizations and System-Level Statements

For organizations that served institutions that were part of the Supreme Court case, the response mirrored legalistic language, while noting that several institutions currently adhere to non-affirmative action guidelines.

Association of American Universities (AAU)

"Today’s decision encroaches on the ability of colleges and universities to exercise their academic judgment in using a holistic admissions process...” --AAU

Association of Public and Land-Grant Universities (APLU)

“Public universities impacted by this decision will no doubt learn from the challenges and experiences of institutions that have already moved away from considering race in admissions because of state laws. Adhering to today’s ruling, public universities can continue to innovate and make progress.” --APLU

For organizations that served institutions impacted by the Supreme Court decision, though, the responses were more direct. These statements tend to be longer than campus statements, use more pointed and descriptive language, and often include a specific desire to advocate for more equitable policies. These organizational statements seem designed as avenues to encourage discussion about the morality and equity of the Supreme Court's decision.

American Association of State Colleges and Universities (AASCU)

“The court’s woefully misguided decision unquestionably hinders higher education’s ability to continue to serve as society’s great equalizer...”--AASCU

Association of American Colleges & Universities (AAC&U)

“...major setback for higher education and democracy...”--AAC&U

American Council on Education (ACE)

"...U.S. Supreme Court tossed aside more than four decades of precedent..." --ACE

These statements reflected the communities that they serve. If the Supreme Court ruling had little to no discernible impact on the institutions they served, the responses brusquely reflected their perspective.

National Association of Independent Colleges and Universities (NAICU)

“...private colleges and universities are not subject to the same constitutional constraints as public institutions, affirmative action programs at private institutions are just as susceptible to legal challenge on statutory grounds...” --NAICU

American Indian Higher Education Corsortium (AIHEC)

“...U.S. Supreme Court’s attempt to slam doors of higher education shut...” [demonstrates] “...a Court that fails to recognize the enduring impact of centuries of oppression, slavery, and injustice...”--AIHEC

Legalistic / Neutral Statements

These statements attempted to remain "neutral," often capitulating to the letter of the law and performing a commitment to follow the high court's ruling. These statements included little to no commentary on the impact of the ruling, its historic nature, or (really) anything else.

Purdue University

“Purdue University will follow the law.”

Clemson University

Clemson University takes a holistic approach to admissions, following the requirements of the law. Clemson will abide by applicable court rulings as we continue to encourage all talented students from South Carolina and elsewhere to attend Clemson.

Non-response/Celebrating the Response

University of Oklahoma

"The University of Oklahoma is aware of the recent Supreme Court decision and remains committed to serving all students from Oklahoma, the region and the world. OU does not include race as a factor for admission into the university."

University of North Texas

"At the University of North Texas System, we do not have race-based admissions, as we accept all qualified students and are deeply committed to their success,” -- Laken Avonne Rapier, Chief Communications Officer

University of South Carolina

"We will continue to welcome qualified students who contribute to our diverse university learning environment and embrace a student body that reflects the people and communities that make up our state and our nation."

Four Corners Activity

Grab a sticky note from the table and write your institution/organization on it.
Search for your institution/organization's statement about the Supreme Court ruling on June 29, 2023. (Google News may be helpful here.)
Read the statement (or find clues about the lack of a statement) and include rhetorical elements that might help you categorize the response.
With your sticky note and evidence, walk to the corner that most closely describes your institution's response: (1) ALIGNMENT WITH MISSION & VALUES; (2) LEGALISTIC/NEUTRAL; (3) NO RESPONSE; or (4) ORGANIZATION/SYSTEM
With others in your corner, share the evidence that prompted you to join this corner.

Reflection on Four Corners Activity

Walk around the room to see how many institutions/organizations aligned with a particular corner.
Come back to your original table and discuss the evidence and discussions had at each corner.
Reflect on how your university (and specifically your role at the university) might be able to use this information to craft meaningful and responsible statements.

Rubric Criteria for Institutional Assessment

Who makes/made the statement/action? (spokesperson, legal dept, chancellor, president, deans?)
Are the media involved/invited to cover?
Visual rhetoric – where is it placed? How is it distributed? Video? Photos of individuals included? Press conference and video of press conference?
What language is used? Is strong language (“disappointed”) included? Neutral? Weak? Are the mission/vision statements cited as part of the statement?
What was the position? Neutral vs. status quo vs. non-statement/celebrating

Crisis Communication Tactics and Strategies

What Can I Do In My Role On Campus?

The 3 Cs of Crisis Communication:

Be Clear.
Concisely communicate the information and the plan as they are established.
Be Credible.

Administrators/Presidents/Board of Trustees members

Consider who is part of your "crisis communication team" -- legal counsel, obviously, but also safety officers, risk management officers, and directors of communication.
Draft a crisis communication plan in advance -- what are the standard responses or template messages that will be used for common crises? This should also identify key team members, their roles and responsibilities, communication channels and decision-making protocols.
Review the mission and vision of the institution and ensure that any positions or statements are in alignment.
Plan in advance whenever possible, including practicing for a response by conducting table-top simulations.
Schedule a "post mortem" -- take the time to evaluate the outcomes once the crisis is over.

Mid-level Leaders (Deans of Students/VP of Student Affairs)

Role: you are key to addressing student-specific concerns during a crisis.
Responsibility: likely, the direct communication to students and families.
Ensure that there are necessary support services that address student welfare, including mental health services.

Director of Communications

Role: often the person fielding the calls and answering the questions, preparation in advance is key.
Practice transparency and honesty -- cultivating a trust and credibility will extend beyond just this crisis.
Do not wait until the crisis occurs to respond. It is important to actively monitor risks and threats by conducting environmental scans, risk assessments and staying in tune with local and national news.
Integrate social media strategies, as different generations use different channels to communicate and monitor social media for rumors and misinformation, being sure to immediately correct it.
Plan for media relations well before a crisis -- designate spokespersons and train them in handling media inquiries and interviews. This person should be able to convey empathy, accuracy and commitment to resolving the crisis.

Legal Counsel

Primary concern -- ensure legal compliance.
Consider relevant laws and regulations, especially in terms of privacy, disclosure, and public safety.
Consider all the key stakeholders that may have a perspective on the crisis -- including local and state government as well as national affiliation/membership organizations.

Faculty

Gather resources: Are there experts on campus (or in the geographic area) who are specialists in this issue? Are there toolkits publicly available that might address this? (example -- Building Resilient & Inclusive Communities of Knowledge)
Anticipate that there may not be a uniform response from the faculty body, and could this be a "teaching moment"? Consider developing "Teach-Ins" or symposia around the issue, allowing for a diversity of opinion.
Consider if the crisis warrants a public statement from faculty-led organizations on campus, such as Faculty Senate, Faculty Assembly or a union.
Is this an opportunity for resistance or movement building? Consider these "198 Methods of Nonviolent Action" from the Albert Einstein Institute.

Students

Uniquely positioned to provide feedback to the administration, but must be done within the context of the institution's rules and regulations -- be informed about what they are! Worried these rules may violate your rights? Check out FIRE -- The Foundation for Individual Rights and Expression.
Evaluate, evaluate, evaluate -- is the response to the crisis in alignment with the mission and vision of the institution? Is the rhetoric consistent? Who are potential allies to the situation? What is the context of this crisis (Was it anticipated? Is there a pattern? Have other campuses dealt with similar circumstances?).
Staying informed in a crisis and avoid spreading unverified information is essential. Use social media responsibly and establish specific communication networks.
Foster community resilience by working together to gather resources, identify key spokespersons to parlay with the administration, strengthen existing networks and foster a sense of solidarity.
Document the crisis response by keeping a record of the crisis and the institution's response. This can be essential for future advocacy, learning and ensuring accountability.

What Can We Anticipate?

Top 10 Types of Crises in Higher Education

Public health emergencies
Natural disasters
Campus violence and security threats
Cybersecurity incidents
Accidents and fatalities
Mental health crises
Reputational crises, including scandals, controversies or misconduct by staff or students, and including discrimination cases or legal issues
Financial crises or funding cuts
Political or social issues
Structural or infrastructure failures

Responses from campuses in relation to elections issues (inflammatory remarks, election results, debate decorum, physical protests, etc.) will be important to consider. Who on your campus is directed to make statements about encouraging students to register and vote? Is there a campus process to include voter education within all disciplines of study?

Making the Case for Higher Education: How do we continue to tell the story of why and how a degree presents more opportunities? How do we tie this to equity? What statements should campus leaders make about higher education in general vs. specific to their institution?

Whether it's wars, food crises, climate change, or other issues, how our campuses respond can't be minimized. If campus leaders refuse to make a statement, or the statement doesn't align with individual values, how will you respond? Our campuses encourage students to share their voices, explore their passions, and understand differences of opinion. Campus statements can be a powerful way to begin these conversations.