Discussing college decision making

February 8, 2011
Back to TopCommentsE-mailPrintBookmark and Share

Reporter Rebecca Berfanger wrote this post.

Most decisions made by colleges and universities tend to be secretive, unless they rise to the level of public outcry and end up being reported by the media, or if a lawsuit is filed and makes the information public record.

This has made it somewhat difficult for Michael A. Olivas, a law professor and director of the Institute of Higher Education Law and Governance at the University of Houston to do research on the topic of “Governing Badly: Theory and Practice of Bad Ideas in College Decisionmaking.” This was the subject of the annual Jerome Hall Lecture at Indiana University Maurer School of Law on Monday, and the findings will be published in a future edition of Indiana Law Journal.

That doesn’t mean he hasn’t found anything, but it does mean that he hasn’t been able to find everything.

Olivas, president of the American Association of Law Schools, raised some interesting points about why he thinks that not only should good policies be explained, but also bad policies and bad decisions because that would give a better understanding of how to make things better.

He joked that bad decisions are difficult to find because one can’t simply do an Internet search for “bad decisions,” and there is no such thing as “baddecisions.com” to cite precedent for bad decisions in higher education.

Olivas focused his lecture on why he doesn’t agree with legacy admissions, also known as the alumni provision, at public universities; examples of professors who wrongly lost their jobs when programs or courses were cut due to budget issues; and why studying poor decisions can ultimately help colleges make better decisions.

As for the legacy admissions, he said that because a parent has gone to college, the applicant already has an advantage over other applicants who don’t have college-educated parents. Those applicants’ parents might also have an in with contacts at the school’s department of admissions already if they want to call for more information as to what the school is seeking in students.

He didn’t say this advantage to students of college-educated parents was a bad thing, but for public schools to weigh the legacy question heavily, which can sometimes make a big difference to a student who is applying, just doesn’t make sense.

An audience member asked if this was fair because of the idea that if an alumni’s child is accepted, that alumni may be more likely to donate funds to the school, especially when there is less funding from the state. Olivas said that still wasn’t enough of a reason for schools to favor applicants.

Another issue he discussed was when schools fire professors because their programs were cut. He said these situations might not be cut-and-dry, but that if a tenure-track professor was fired due to budget reasons because their program and classes were cut, but then someone else was hired to teach similar or the same classes but with different names, that’s a bad decision.

He also said transparency was key in general to decisions made by colleges and universities. If everything was openly discussed, he’d have less of an issue with these decisions. In turn, the courts would also likely have less of an issue if these decisions led to court filings because judges and lawyers would know that the decisions were examined and made with good judgment.

In the end, when a bad decision is made, the decision maker likely didn’t know it was a bad decision at the time, he added. This is another reason why these decisions should be studied to avoid similar bad decisions in the future.

Do you think colleges and universities should be more transparent in their decisions about admissions and personnel issues? Do you think students who have alumni privilege have an unfair advantage over other applicants?

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
  1. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  2. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  3. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  4. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

  5. Mr. Foltz: Your comment that the ACLU is "one of the most wicked and evil organizations in existence today" clearly shows you have no real understanding of what the ACLU does for Americans. The fact that the state is paying out so much in legal fees to the ACLU is clear evidence the ACLU is doing something right, defending all of us from laws that are unconstitutional. The ACLU is the single largest advocacy group for the US Constitution. Every single citizen of the United States owes some level of debt to the ACLU for defending our rights.

ADVERTISEMENT