Some of the state鈥檚 public colleges will eliminate race-based language from their scholarship awards, after Attorney General Dave Yost informed university leaders that he sees the criteria as unconstitutional under Students for Fair Admissions v. Harvard.
The landmark U.S. Supreme Court case鈥� last June鈥攍argely struck down affirmative action. The conservative justices, who command a six-seat majority, ruled that universities and colleges nationwide could no longer consider race as part of their application and admissions process because it violates the Fourteenth Amendment.
The day after the ruling, Yost sent a memo to Ohio鈥檚 universities. The letter warned them to follow the decision with strict scrutiny, including by getting rid of any 鈥渄isguised race-conscious admissions,鈥� or face potential personal liability.
Yost told leaders on a call in late January that proper compliance includes scholarships, according to his chief spokesperson Bethany McCorkle.
鈥淎lthough the Court did not expressly prohibit race-based scholarships, it indicated that 鈥榚liminating racial discrimination鈥� means eliminating all of it,鈥欌�� McCorkle wrote in an email Friday. 鈥淩ace-based scholarships discriminate on the basis of race in awarding benefits. Therefore, it would follow that such programs are unconstitutional.鈥�
Universities to tweak language
Ohio State University and Ohio University are now in the process of reviewing awards for potential noncompliance with that guidance, according to spokespeople for the public institutions.
At Ohio University, spokesperson Dan Pittman said although a 鈥渟mall鈥� number are under , it will be time-consuming鈥攁nd extend beyond race to look at potential references to other protected classes.
Some awards have already been given the greenlight, he said, including one named after the university鈥檚 first Black graduate and first-year financial programs for students from urban and rural communities.
Spokespeople for the University of Cincinnati and Miami University did not answer an email requesting comment on whether any of their awards are under review.
Pushback from faculty, donors
Some faculty at Ohio University鈥檚 college of communications have been vocal in the last week against the university鈥檚 recent directive regarding diversity, equity and inclusion financial awards.
Eddith Dashiell, director of the journalism school, wrote a letter to Dean Scott Titsworth last Monday. In it, she said she felt convinced that disallowing race-based scholarships was 鈥渁 political move鈥攏ot a legal one.鈥�
鈥淭he scholarship committee and the faculty remain obligated to honor the agreements signed between scholarship donors and Ohio University,鈥� Dashiell wrote. 鈥淩egardless of the political whims of politicians in Columbus or anti-diversity sentiments among some members of Ohio University staff.鈥�
Andy Alexander, a journalism school alumnus and retired news bureau chief, has funded a scholarship annually with his wife Beverly for more than 20 years. It is presently earmarked for 鈥渦nderrepresented鈥� student journalists鈥攂orn out of a passion, he said, for putting money toward more diverse newsrooms.
鈥淚t's not too much of a leap then, to understand that we're talking about either people of color, or in some cases it could be people from disadvantaged rural areas,鈥� Alexander said in an interview.
Pittman said even before the June decision, Ohio University did not offer awards 鈥渦sing race or gender as an exclusive factor,鈥� which is advice Alexander said he was given when first wording his. He is waiting to hear whether it鈥檚 going to be affected in its current state.
鈥淚f the state and the university interpret this as prohibiting private individuals from specifying that their scholarships be used to promote diversity,鈥� Alexander said, 鈥渢hen I think there's nothing to stop people like me, my wife and I, from simply bypassing the university and finding a way to give our scholarship directly to students.鈥�
He said he worries it will cause a chilling effect among other donors.