Amicus Curiae Brief — Fisher v. Univ. of Tex. At Austin, 135 S. Ct. 2888 (2015) (No. 14-981)

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No. 14-981

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In The rage

Supreme Court of the Bnited Stats ha

OFFICE OF THF CLERK

ABIGAIL NOEL FISHER,

Petitioner,

UNIVERSITY OF TEXAS AT AUSTIN, ET AL.,

Respondents.

On Writ Of Certiorari To The

United States Court Of Appeals

For The Fifth Circuit

BRIEF OF SOCIAL AND

ORGANIZATIONAL PSYCHOLOGISTS AS

AMICI CURIAE SUPPORTING RESPONDENTS

EVA PATERSON Davin J. BERGER

Counsel of Record LISA A. DAVIS

ALLISON S. ELGART Davip A. BROWN

EQUAL JUSTICE SOCIETY WILSON SONSINI GOODRICH

1999 Harrison Street, & Rosati, PC

Suite 800 650 Page Mill Road

Oakland, CA 94612 Palo Alto, CA 94304

(415) 288-8700 (650) 493-9300

epeterson@ Idavis@wsgr.com

equaljusticesociety.org john a. powell

STEPHEN MENENDIAN

HAAS INSTITUTE FOR A FAIR

AND INCLUSIVE SOCIETY,

UNIVERSITY OF CALIFORNIA,

BERKELEY

460 Stephens Hall

Berkeley, CA 94720

(510) 642-3011

smenendian@berkeley.edu

Counsel for Amici Curiae

COCKLE LEGAL BRIEFS (800) 225-4964

WWW COCKLELEGALBRIEFS COM

TABLE OF CONTENTS

Page

INTEREST OF AMICI CURIAE ......................... 1

SUMMARY OF ARGUMENT ............................4. 1

IIT iniedinckadiniibedliedniiiibineddieuindnemonicaaionions 4

I. THE UNIVERSITY OF TEXAS’S HO-

LISTIC ADMISSIONS POLICY IS NAR-

ROWLY TAILORED AND NECESSARY

TO ACHIEVE ITS DIVERSITY INTER-

CCR ERE EEE EEE EEE EEE ERR RR eee ee eee

A. UT’s Holistic Admissions Policy Is

Necessary to Achieve UT’s Compel-

ling Interest in a Richly Diverse Stu-

I i cttcnitiiasdindehdadennasudepusedunediies

Demographics Have Changed in

I piiciciniacenniinsecnicieninne

The TTPP Overlays and Channels

Underlying Patterns of Racial

Segregation in Order to Generate

Student Body Diversity ..................

UT’s Holistic Admissions Policy

Enables Admissions Consideration

for Students That Would Other-

wise Not Receive Consideration

Under the TTPP or Traditional

Measures of Merit...........................

Race Should Be Considered Within

Holistic Admissions Because the

Convergence of Multiple Factors

Inextricably Linked to Race Inhib-

its Educational Opportunity ..........

I].

TABLE OF CONTENTS -— Continued

Page

B. UT’s Policy Is Narrowly Tailored Be-

cause It Focuses on Individualized

1. The Holistic Plan Is Not About

Quotas, Percentages or Target

Numbers But Focuses on Individ-

uals, an Opportunity Denied by

UT’S HOLISTIC ADMISSIONS POLICY

IS NECESSARY TO ACHIEVE THE

BENEFITS OF MEANINGFUL CLASS-

DEE CPU © ccccnccsesnecccrsnsoncosccoosscnene

A. Recent Social Science Studies Have

Deepened Our Understanding of Di-

ee SI dittiiicdnctcscessetccicesicccsace:

1. Diversity Helps All Students by Re-

ducing Anxieties That May Result

From Interracial Interactions..........

2. Diversity Reduces Prejudice and

RERUN ALS ee et eee

3. Diversity Reduces the Racial Isola-

tion or Solo Status of Underrepre-

sented Students and Reduces the

Effects of Stereotype Threat ...........

ill

TABLE OF CONTENTS -— Continued

Page

B. Diverse Educational Environments

Promote Better Problem-Solving and

Academic Performance and Better

Prepare Students to Navigate an In-

creasingly Diverse Society, Workforce,

TIED cnditcuiccudtednnsddenmensianes oN

1. Diversity Promotes Better Prob-

lem-Solving and Academic Perfor-

2. Diversity Better Prepares Stu-

dents for Life After College ............

3. Success in Modern Professional

Society Demands Cross-Cultural

Competence and the Ability to View

Problems From Multiple Perspec-

tives — Skills Best Learned in Di-

verse Academic Environments.........

4. Experiences With Diversity in

Higher Learning Environments

Are Positively Associated With

Greater Democracy Outcomes in

Students and Continued Civic En-

gagement After Graduation............

TABLE OF CONTENTS — Continued

Page

5. Institutions of Higher Learning

Are Ideally Equipped to Provide

the Exposure to Diversity, Devel-

opment of Cross-Cultural Compe-

tence, and Critical Thinking Skills

That Graduates Need to Thrive

Professionally and Participate in a

PUUTE! EPOTRBSTRESY ......00cccccsccsescreecess 42

ee iccaninccninadienicecstdiasodousévunseiaineabnnnstins 44

APPENDIX

Table 1 — Texas Population Trends, 1990-2010.....App. 1

Table 2 — Texas Population Trends, 1990-2010

(Under 18 Years of Age) .......................:ceeeeeeeee App. 2

Table 3 — UT Enrollment by Race, 1997-2014.....App. 3

Figure 1 — Demographic Change at UT and in

Ts ee aciciniinieddmnnsiatinnsipuvinsslnencnmmetedie App. 4

Figure 2 — School District Level Enrollment by

EEE Te ee nee em nT App. 5

Table 4 — UT TTPP Enrollment by Race, 1997-

RASS Se epee ee oO App. 6

Table 5 ~— UT Holistic Admissions by Race,

STITT certsitetisnieiehainieniiaiiniganinntiianipticalnbntanedsiatad App. 7

BIND TENTED sccininsssosdshavecndvtsdsecseseinacmebened App. 8

TABLE OF AUTHORITIES

Page

CASES

Brown v. Bd. of Educ., 347 U.S. 483 (1954)......... 13, 17

Fisher v. Univ. of Tex. at Austin, 758 F.3d 633

a eaaid 19, 21

Grutter v. Bollinger, 539 U.S. 306 (2003) .......... passim

Parents Involved in Cmty. Sch. v. Seattle Sch.

Dist. No. 1, 551 U.S. 701 (2007) ......................... 8, 14

Regents v. Bakke, 438 U.S. 265 (1978)...3, 18, 19, 37, 38

Tex. Dep’t of Hous. & Cmty. Affairs v. Inclusive

Cmtys. Project, Inc., 135 S. Ct. 2507 (2015)............. 8

MISCELLANEOUS

Allison Abbe et al., Cross-Cultural Competence

in Army Leaders: A Conceptual and Empiri-

cal Foundation, U.S. Army Res. Inst. For the

BU, Ge THOS. TGE., CIEE. BIE cccccccesccccccccccccccccscceccess 39

Amy J. Orr, Black-White Differences in

Achievement: The Importance of Wealth, 76

Aah. BOS. AGED BSE (BGGS) 000s sccccsescsccsescvcsssscccsecesecess 16

Anita W. Woolley et al., Evidence for a Collec-

tive Intelligence Factor in the Performance of

Human Groups, 330 Science 686 (2010).......... 35, 36

Anthony P. Carnevale & Stephen J. Rose,

America’s Untapped Resource: Low Income

Students in Higher Education (Richard D.

Kahlenberg ed., The Century Foundation

SEO ADEN CE es SEES Lee SB See aes 16

TABLE OF AUTHORITIES — Continued

Baine B. Alexander et al., A Community Ap-

proach to Learning Calculus: Fostering Suc-

cess for Underrepresented Ethnic Minorities

in an Emerging Scholars Program, 3 J. of

Women & Minorities in Sci. & Engg 145

Blair T. Johnson & Alice H. Eagly, Meta-

analysis of social-personality psychological

research, Handbook Methods in Social and

Personality Psychology 677 (2d ed. 2014).........

Brief for General Motors Corp. as Amici Curiae

Supporting Defendants-Appellants, Grutter

v. Bollinger, 539 U.S. 306 (2003) (No. 01-

BO vtecrvinwiesinescssenmsniscosaiiinaiaeanae

Brief for Amici Curiae Fortune-100 and Other

Leading American Businesses in Support of

Respondents, Fisher v. Univ. of Tex. at Aus-

tin, 1383 S. Ct. 2411 (2013) (No. 11-345) ............

Cara C. MacInnis & Elizabeth Page-Gould,

How Can Intergroup Interaction Be Bad If

Intergroup Contact Is Good? Exploring and

Reconciling an Apparent Paradox in the Sci-

ence of Intergroup Relations, 10(3) Persp. on

Psychol. Sci. 307 (2015) .....c.cccccscssesessessesreeseeees

Claude M. Steele & Joshua Aronson, Stereotype

Threat and the Intellectual Test Performance

of African Americans, 69 J. Personality &

Soc. Psychol. 797 (1906)............0..csscesesssssessseeseee

Page

vii

TABLE OF AUTHORITIES — Continued

Colette Van Laar et al., The effect of university

roommate contact on ethnic attitudes and

behavior, 41 J. Experimental Soc. Psychol.

is tietintetiinnadneansindantastenenteeseqnanseoosesesees

College Board, 2009 College-Bound Seniors:

Total Group Profile Report 1 (2009)..................

Craig Gurian, Mapping and Analysis of New Data

Documents Still-Segregated America, Remapping

Debate, Jan. 18, 2011, http://www.remapping

debate.org/map-data-tool/mapping-and-analysis-

new-data-documents-still-segregated-america ..

Daniel P. McDonald et al., Developing and

Managing Cross-Cultural Competence within

the Department of Defense: Recommendations

for Learning and Assessment, Oct. 3, 2008

a I ccneuonenanoccss

Deborah Son Holoien & J. Nicole Shelton, You

deplete me: The cognitive costs of colorblind-

ness on ethnic minorities, 48 J. of Experi-

mental Soc. Psychol. 562 (2012)........................

Denise Sekaquaptewa & Mischa Thompson,

The Differential Effects of Solo Status on

Members of High- and Low-Status Groups,

28 Personality & Soc. Psychol. Bull. 694

Page

Vili

TABLE OF AUTHORITIES — Continued

Page

Denise Sekaquaptewa et al., Solo Status and

Self-Construal: Being Distinctive Influences

Racial Self-Construal and Performance Ap-

prehension in African American Women, 13

Cultural Diversity & Ethnic Minority

I ee aerial 31

Elizabeth Anderson, The Imperative of Inte-

gration (Princeton Univ. Press 2010)..................... 15

Elizabeth Aries, Speaking of Race and Class

(Temple Univ. Press 2013) ........................::00eceeeeeees 29

Elizabeth Page-Gould et al., Intergroup Con-

tact Facilitates Physiological Recovery Fol-

lowing Stressful Intergroup Interactions, 46

J. Experimental Soc. Psychol. 854 (2010) ....22, 24, 25

Elizabeth Page-Gould et al., With a Little Help

From My Cross-Group Friend: Reducing Anx-

iety in Intergroup Contexts Through Cross-

Group Friendship, 95 J. Personality & Soc.

TC i itricciliadslsiietunitedaniebegitonvnni 24

Eric Hsu et al., Supporting High Achievement

in Introductory Mathematics Courses: What

We Have Learned from 30 Years of the

Emerging Scholars Program, Making the

Connection: Research and Teaching in Un-

dergraduate Mathematics 205 (Marilyn P.

Carlson & Chris Rasmussen ed., 2008)............ 34, 36

Erica Frankenberg et al., A Multiracial Society

with Segregated Schools: Are We Losing the

Dream?, Harv. U. C.R. Project, Jan. 28, 2003 ....14, 15

TABLE OF AUTHORITIES — Continued

Felicia Pratto et al., Social dominance orienta-

tion: A personality variable predicting social

and political attitudes, 67 J. Personality and

es PS Ce erterccnncnicncinvniipecssntcaseese

Gary Orfield & Chungmei Lee, Racial Trans-

formation and the Changing Nature of Seg-

regation, Harv. U. C.R. Project, Jan. 2006........

Gary Orfield et al., Brown at 60: Great Pro-

gress, a Long Retreat and an Uncertain Fu-

ture (May 15, 2014), http://civilrightsproject.

ucla.edu/research/k- 12-education/integration-

and-diversity/brown-at-60-great-progress-a-

long-retreat-and-an-uncertain-future/Brown-

at-60-051814.pdf ..........cccccccceccsesecssessessesseeseeneee

Gregory M. Walton & Geoffrey L. Cohen, A

Brief Social-Belonging Intervention Improves

Academic and Health Outcomes of Minority

Students, 331 Science 1447 (2011)

Gregory M. Walton & Geoffrey L. Cohen, A

Question of Belonging: Race, Social Fit, and

Achievement, 92 J. Personality & Soc.

Pe SET ITED cncsccmeenssedidnindetatetccesempeninnecneuse

J. Phillip Thompson & Sarah Tobias, The Texas

Ten Percent Plan, 43 Am. Behav. Scientist

I GED secnsccenscencantsmessesnntinmiemanmneneremanienenes

J. R. Campbell et al., Trends in Academic

Progress: Three Decades of Student Perfor-

mance, Nat'l Ctr. for Educ. Stat., Aug. 2000.....

Page

TABLE OF AUTHORITIES — Continued

Page

Jim Blascovich et al., Perceiver Threat in Social

Interactions With Stigmatized Others. 80 J.

Personality & Soc. Psychol. 253 (2001)......22, 23, 24

John R. Logan & Brian J. Stults, The Persis-

tence of Segregation in the Metropolis: New

Findings from the 2010 Census, (Mar. 24,

2011), http://www.s4.brown.edu/us2010/Data/

I i sarrnnccsineriindiiscmintinpesentineninenntiensss 9

Jonathan Kozol, Still Separate, Still Unequal:

America’s Educational Apartheid, 311 Har-

St OT icnccsnnicistniinenttniatintenadtiinimnbannnnen 13

Katherine W. Phillips et al., Surface-Level

Diversity and Decision-Making in Groups:

When Does Deep-Level Similarity Help?, 9

Group Processes & Intergroup Rel. 467

Kristof Dhont et al., Changing the ideological

roots of prejudice: Longitudinal effects of eth-

nic intergroup contact on social dominance

orientation, 17 Group Processes & Inter-

ES ET TT scrscsinccednniteieateinibonieatidennntemniansiediia 28

Linda Darling-Hammond, The Color Line in

American Education: Race, Resources, and

Student Achievement, 1 Du Bois Rev. 213

Linda R. Tropp et al., The Use of Research in

the Seattle and Jefferson County Desegrega-

tion Cases: Connecting Social Science and the

Law, 7 Analyses of Soc. Issues & Pub. Pol’y

SI TITTTITTisisicicatastanchtrinitiaicleesenindiabinadidieebleieatenabaiinbipiatiaee 30, 31

TABLE OF AUTHORITIES — Continued

Page

Lu Hong & Scott E. Page, Groups of diverse

problem solvers can outperform groups of

high-ability problem solvers, 101 Proc. Nat’l

Bs I itnnicincnncicessemadnsdiddenspeoseneiins 35

Marilynn B. Brewer & Wendi Gardner, Who Is

This “We”? Levels of Collective Identity and

Self Representations, 71 J. of Personality &

5, ee anes 36

Marta Tienda & Sunny Xinchun Niu, Capital-

izing on Segregation, Pretending Neutrality:

College Admissions and the Texas Top 10%

Law, 8 Am. L. & Econ. Rev. 312 (2006).................. 15

Michael Inzlicht & Toni Schmader, Stereotype

Threat: Theory, Process, and Application (Ox-

RIESE Serene 32

Natalie J. Shook & Russell H. Fazio, /nterra-

cial Roommate Relationships: An Experi-

mental Field Test of the Contact Hypothesis,

rR Pe ID satecsnihaibecsicitetabnntcnpincionnen 29

Negin R. Toosi et al., Dyadic Interracial Inte-

ractions: A Meta-Analysis, 138 Psychol. Bull.

i 25, 26

Patricia Gurin et al., The Benefits of Diversity

in Education for Democratic Citizenship, 60

Fe icin siniicinseiiicnbiiiiiidaitineonaneennes 41

Patricia Gurin et al., Diversity and Higher

Education: Theory and Impact on Educa-

tional Outcomes, 74 Harv. Educ. Rev. 330

Snr isstcia ch otieiienhleaieaipapeealebalnaaasiiaaieeniatigdinddiiatales 41, 42

xii

TABLE OF AUTHORITIES -— Continued

Page

Paul A. Jargowsky, The Architecture of Segre-

gation: Civil Unrest, the Concentration of

Poverty, and Public Policy (Aug. 9, 2015),

http//www.tcf.org/assets/downloads/Jargowsky_

ArchitectureofSegregation. pdf ...................cccc0eseeees 15

Rhiannon N. Turner et al., Reducing Explicit

and Implicit Outgroup Prejudice Via Direct

and Extended Contact: The Mediating Role of

Self-Disclosure and Intergroup Anxiety, 93 J.

Personality & Soc. Psychol. 369 (2007).................. 27

Robert J. Sampson et al., Durable Effects of

Concentrated Disadvantage on Verbal Ability

Among African-American Children, 105 Proc.

Nat’] Acad. Sci. 845 (2008) ...............cccccccceeeceeeseeeeees 14

Robert J. Sampson, Great American City (The

Univ. of Chi. Press 2012) .................ccccceceeecceeseseeeeee 16

Samuel R. Sommers et al., Cognitive effects of

racial diversity: White individuals’ infor-

mation processing in heterogeneous groups,

44 J. Experimental Soc. Psychol. 1129 (2008) ....... 40

Scott E. Page, The Difference (Princeton Univ.

a SERS ce een ene a MOE EEF 40

Sheryll Cashin, Place, Not Race: A New Vision

of Opportunity in America (Beacon Press

AER I AB Re A IAS eS ad ROTO Ie 10

xlll

TABLE OF AUTHORITIES — Continued

Page

Susan E. Moreno et al., Supporting Minority

Mathematics Achievement: The Emerging

Scholars Program at the University of Texas

at Austin, 5 J. of Women & Minorities in Sci.

Ba TI scinissunsscenviunedtbetiinisninditunninnneiti 36, 37

Sylvia Hurtado, The Next Generation of Diver-

sity and Intergroup Relations Research, 61 J.

Soc. Issues 595 (200B)................cceccccesesssseceseceesseeess 42

The University of Texas at Austin, Mission and

Values, https://www.utexas.edu/about/mission-

and-values (last visited Oct. 27, 2015)..................... 7

Thomas F. Pettigrew & Linda R. Tropp, A

Meta-Analytic Test of Intergroup Contact

Theory, 90 J. Personality & Soc. Psychol. 751

Thomas F. Pettigrew & Linda R. Tropp, How

does intergroup contact reduce prejudice?

Meta-analytic tests of three mediators, 38

Eur. J. of Soc. Psychol. 922 (2008)...................0...... 26

Toni Schmader et al., A Metacognitive Perspec-

tive on the Cognitive Deficits Experienced in

Intellectually Threatening Environments, 35

Personality & Soc. Psychol. Bull. 584 (2009) ....25, 33

Toni Schmader et al., An Integrated Process

Model of Stereotype Threat Effects on Per-

formance, 115 Psychol. Rev. 336 (2008).................. 33

INTEREST OF AMICI CURIAE

Amici curiae are social and organizational psy-

chologists who study the effects of segregation and

racial isolation, intergroup contact and the physiolog-

ical and/or psychological effects of a diverse environ-

ment.’ Amici are college and university faculty who

'have published numerous books and peer-reviewed

articles on topics such as the influence of diversity in

higher education, inclusion, inter- and intra-group

interactions, and racial isolation. Amici, listed in the

Appendix (“App.”),’ file this brief to acquaint the

Court with current social science research and its

consequences for the constitutionality of race-

conscious admissions policies.

SUMMARY OF ARGUMENT

Since this case was last before the Court, social

science research has continued to deepen our under-

standing of why diversity is even more crucial to

academic achievement and civic engagement. Pursu-

ing higher education at an institution like the

' Petitioner and Respondents have consented to the filing of

this brief in letters on file in the Clerk's office. No counsel for

Petitioner or Respondents authored this brief in whole or in

part, and no counsel or party made a monetary contribution

intended to fund the preparation or submission of this brief. No

person other than amici curiae and their counsel made a mone-

tary contribution to its preparation or submission.

* App. 8.

University of Texas (“UT”) that purposefully seeks to

admit a richly diverse student body presents students

with the opportunity to learn and live with students

with different backgrounds and experiences. The

resulting diversity provides all students with a range

of important benefits, both in college and later as

adult members of society.

This Court has previously acknowledged the

benefits of racial diversity in the university setting.

Social science research demonstrates these benefits,

including reducing anxiety that may result from

interracial interactions, promoting better problem-

solving and academic performance, reducing preju-

dice and bias, reducing the racial isolation of un-

derrepresented students, and reducing stereotype

threat. Racially diverse educational environments

also better prepare students to navigate an increas-

ingly diverse professional society, workforce, and civic

life.

UT employs a hybrid approach to achieve the

benefits of diversity, including racial diversity. Its Top

Ten Percent Plan (“TTPP”), on its face race-neutral,

uses the existing reality of high school segregation to

enroll a student body that is more racially diverse

than before the TTPP was implemented. UT utilizes a

holistic admissions policy to fill the remaining spots

in its class, which relies upon an individualized

review of applicants to select an incoming class that

will enable each of its members to enrich and be

enriched by students of diverse backgrounds. The

policy is narrowly tailored and necessary to meet

UT’s mission of true and meaningful diversity.

Without holistic review including race, Black and

Latino students who do not rank in the top ten per-

cent at their schools will be disproportionately disad-

vantaged. This disproportionality results from the

uneven distribution of educational opportunity across

the state of Texas and the United States. A Black or

Latino student who attends a hyper- or highly-

segregated high school faces complex and compound-

ed disadvantages resulting from the interaction of

race with economic segregation and isolation. Consid-

ering race within a broader holistic admissions pro-

cess permits UT to account for this interaction in a

manner that also respects the right of each applicant

to have her past achievements and future potential

evaluated individually.

UT’s hybrid approach, including its irdividual-

ized review of applicants’ entire files as required

under Bakke and Grutter, accounts for how race may

have disadvantaged some applicants and ensures

that UT is able to cultivate an environment in which

every student can thrive as a result of increased

diversity. UT’s goal is not quantitative, but qualita-

tive. Its approach is narrowly tailored to achieve a

diversity that is richer because it has taken account

of the racial and socioeconomic realities its students

have faced and will face in the future. Moreover, it is

necessary because without the ability to consider

race among a host of other factors, the educational

experience of all students on campus will be dimin-

ished.

ARGUMENT

I. The University of Texas’s Holistic Admis-

sions Policy is Narrowly Tailored and

Necessary to Achieve Its Diversity Interest

The use of race in higher education admissions is

constitutional where the means chosen are “narrowly

tailored” and “necessary to further a compelling

governmental interest.” UT’s carefully crafted holis-

tic admissions policy is both.

The holistic policy, including its consideration of

race, is necessary to achieve UT's constitutionally

permissible interest in student body diversity. The

TTPP increases enrollment of underrepresented

groups by channeling existing patterns of inter-

district segregation throughout Texas that create

unequal educational opportunities and exclude dis-

proportionate numbers of Black and Latino students

from meaningful consideration for admission. The

TTPP is a mechanical and inflexible plan that only

considers one of a broad range of indicators that

predict student performance and contribute to UT's

educational mission; it does not allow for the consid-

eration of members from underrepresented student

* Grutter v. Bollinger, 539 U.S. 306, 326-27 (2003).

groups who do not automatically qualify for admis-

sion based on class rank. Only when combining the

holistic race-conscious admissions policy with the

TTPP can UT fulfill its critical goals of ensuring that

its student body is richly diverse and that the indi-

vidualized characteristics of each student are consid-

ered in the admissions process. UT's holistic

admissions policy is narrowly tailored to achieve its

compelling interest in diversity.

A. UT’s Holistic Admissions Policy Is

Necessary to Achieve UT’s Compelling

Interest in a Richly Diverse Student

Body

UT’s holistic admissions policy is necessary to

overcome the limitations of the TTPP and thereby

achieve its constitutionally recognized interest in

student body diversity. By design, the TTPP channels

patterns of persistent residential and inter-district

segregation to generate student body diversity at UT.

The holistic admissions policy enables UT to consid-

er for admission students who would not be consid-

ered under the TTPP or traditional measures of

merit. Race should be considered within holistic

admissions because the convergence of multiple

factors linked to race inhibits the educational oppor-

tunities of applicants who nonetheless have much to

offer.

1. Demographics Have Changed in

Texas and at UT.

Population and enrollment demographics in the

State of Texas and at UT have changed dramatically

over the last 25 years. Texas has experienced rapid

population growth, with even faster growth among

particular racial sub-groups. From 1990 to 2010,

Texas grew from nearly 17 million to 26 million

people.‘ In that time, the White non-Hispanic popula-

tion grew from 10 million to 11 million; the Hispanic

population grew from 4 million to nearly 9.5 million;

the Black population grew from 2 million to nearly 3

million; and the Asian population grew from nearly a

third of a million to nearly a million.’ Consequently,

the overall composition of the Texas population has

changed from roughly 60.6% White, 25.6% Hispanic,

11.9% Black, and 1.9% Asian to 45.3% White, 37.6%

Hispanic, 11.9% Black, and 3.8% Asian.°

These demographic shifts are even more evident

among the school-age population than the population

as a whole. From 1990 to 2010, school-age population

in Texas rose from 4.8 million to nearly 7 million

people.’ During that period of growth, the composition

of the Texas school-age population dramatically

shifted from roughly 50.9% White, 33.5% Hispanic,

* App. 1, Table 1.

* Id.

" App. 2, Ty ble 2.

13.6% Black, and 2.0% Asian to 33.8% White, 48.3%

Hispanic, 12.5% Black, and 3.5% Asian.”

Against this demographic backdrop, UT has

taken seriously its mission to serve Texas’s citizens

and provide education to its populace.” Relying on

Grutter, UT supplemented the TTPP with a holistic

analysis that permits consideration of an applicant’s

race as one factor among many.” Together, the TTPP

and UT’s holistic approach have had their intended

effect.

Table 3 displays the demographic enrollment at

UT from 1991 to 2014 by racial/ethnic group." Figure

1 illustrates student enrollment trendlines against

the backdrop of demographic changes in the state

population as a whole.” Enrollment has moved in the

same direction as group representation within the

state. Although Whites have grown in absolute terms,

their proportion of the Texas population has gradual-

ly declined, and the proportion of enrollment reflects

this decline (from 67.5% in 1991 to 45% in 2014),

while Hispanic enrollment has risen to 21% in 2014

from 16% in 1991.

* Id.

* The University of Texas at Austin, Mission and Values,

https://www.utexas.edu/about/mission-and-values (last visited

Oct. 27, 2015).

See Grutter, 539 U.S. at 327-37; id. at 393 (Kennedy, J.,

dissenting).

" App. 3, Table 3.

* App. 4, Figure 1.

2. The TTPP Overlays and Channels

Underlying Patterns of Racial Seg-

regation in Order to Generate Stu-

dent Body Diversity.

The TTPP’s contribution to generating student-

body diversity is a consequence of entrenched and

widespread inter-district racial segregation. Racial

segregation in Texas, as in the nation as a whole,

remains stark and persistent more than 45 years

after passage of the Fair Housing Act. As this Court

recently noted, “[djue to a variety of factors — some

influenced by government, some not — neighborhoods

in our communities do not reflect the diversity of our

Nation as a whole.”” In most major metropolitan

regions in the United States, residential racial segre-

gation is not only pronounced, but severe. The racial

segregation of major urban areas and their schools

has in many cases intensified and deepened. One

measure of segregation commonly employed by

social scientists is the dissimilarity index, which

measures how various racial groups are spread across

* Parents Involved in Cmty. Sch. v. Seattle Sch. Dist. No. 1,

551 U.S. 701, 798 (2007) (Kennedy, J., concurring); see also Tex.

Dep't of Hous. & Cmty. Affairs v. Inclusive Cmtys. Project, Inc.,

135 S. Ct. 2507, 2525 (2015) (“Much progress remains to be

made in our Nation’s continuing struggle against racial isola-

tion.”).

“ Gary Orfield et al., Brown at 60: Great Progress, a Long

Retreat and an Uncertain Future, at 10 (May 15, 2014),

http//civilrightsproject.ucla.edu/researchyk- 12-education/integration-

and-diversity/brown-at-60-great-progress-a-long-retreat-and-an-

uncertain-future/Brown-at-60-051814.pdf.

neighborhoods within metropolitan areas. A score of

100 indicates that every neighborhood has residents

of only ore particular group (“complete segregation”),

whereas a score of zero indicates proportional repre-

sentation of each group throughout the metropolitan

region (“complete integration”). Nationally, the aver-

age metropolitan region had a Black-White dissimi-

larity score index of 59 in 2010, widely considered a

high level of segregation.” This segregation shapes

the lived experiences of our citizens. As of 2010, the

average White resident of a metropolitan area resides

in a neighborhood that is 75.4% White, 7.9% Black,

10.5% Hispanic, and 5.1% Asian. In contrast, a typi-

cal Black resident lives in a neighborhood that is

34.8% White, 45.2% Black, 14.8% Hispanic, and 4.3%

Asian.”

These measures of segregation may mask the

persistence of racial isolation and concentration on

account of growing multi-racial diversity. According to

2006-2009 Census estimates, 75% of Black families

nationwide reside in just 16% of census tracts, and

30% of Blacks live in census block groups that are

75% or more Black.”

* John R. Logan & Brian J. Stults, The Persistence of

Segregation in the Metropolis: New Findings from the 2010

Census, at 4 (Mar. 24, 2011), http?//www.s4.brown.edu/us2010/

Data/Report/report2. pdf.

* Id. at 23.

" Craig Gurian, Mapping and Analysis of New Data

Documents Still-Segregated America, Remapping Debate, Jan.

(Continued on following page)

As Figure 2 illustrates, these national patterns

of segregation and racial isolation are visible across

Texas. Despite the fact that Texas has no racial or

ethnic majority (non-Hispanic Whites constitute 44%

of the population), only 13% of the 1,024 school dis-

tricts in the state have no racial majority.” Nearly

40% of those districts have a racial/ethnic super-

majority, meaning that more than 75% of the stu-

dents are members of the majority race of that dis-

trict.

The TTPP relies on this fact to generate some

degree of student body diversity by channeling these

student populations into the freshman class. Before

the TTPP, 59 out of 1,500 high schools in the state

accounted for about half of UT’s freshman class, with

only 674 schools sending their students to UT.” By

2007, more than 900 high schools had students

matriculating to UT.” As a consequence of school-

district hypersegregation, the top ten percent of

students from these more than 900 high schools

exhibited some measure of diversity.

18, 2011, http//www.remappingdebate.org/map-data-tool/mapping-

and-analysis-new-data-documents-still-segregated-america.

* App. 5, Figure 2.

* Sheryl] Cashin, Place, Not Race: A New Vision of Oppor-

tunity in America 90 (Beacon Press 2014).

* Id.

3. UT's Holistic Admissions Policy En-

ables Admissions Consideration for

Students That Would Otherwise Not

Receive Consideration Under the

TTPP or Traditional Measures of

Merit.

The TTPP was enacted to generate some degree

of student body diversity as measured by demograph-

ic enrollment alone and it has done so.” Table 4

indicates both the numbers of students enrolled by

racial group through the TTPP as well as their per-

centage of representation.”

In 2014, 7,280 students enrolled in UT as part of

the incoming class. Of that class, 3,268 (44.89%) were

White, 1,752 (24.07%) were Asian, 1,565 (21.50%)

were Hispanic, 306 (4.2%) were Black, and 389 (5.34%)

identified as “other.” Of these students, roughly

66.68% were admitted through the TTPP, with the

remainder admitted through the holistic admissions

policy. Data analysis illustrates the contribution of

the holistic admissions plan to additional student

body diversity. Table 5 indicates the demographics of

enrollment through holistic admissions.” Of the 306

Black students enrolled in 2014, 212 were admitted

through the TTPP, with 94 admitted through the

*" J. Phillip Thompson & Sarah Tobias, The Texas Ten

Percent Plan, 43 Am. Behav. Scientist 1121, 1126 (2000).

™ App. 6, Table 4.

* App. 7, Table 5.

holistic admissions policy. This means that roughly

30% of the Black students admitted to UT were

admitted through the holistic admissions plan. Simi-

larly, 291 Hispanics and 482 Asians were admitted

through the holistic admissions plan.”

It is unlikely that this degree of diversity would

have been produced by solely considering test scores

or class rank. The holistic admissions policy examines

a much broader range of qualifications, experiences,

and considerations than the TTPP. Students of all

races who fall below the class rank needed to qualify

for automatic admissions to UT in many districts in

Texas are otherwise unlikely to be considered for

admissions without a broader and more holistic

review. Falling outside of the top ten percent would

effectively deny those students any chance to be

considered.

This is because varying local conditions, includ-

ing teacher quality, teacher experience, per-pupil

expenditures, local tax base capacity, school poverty

rates, extracurricular activities, textbooks and class-

room technology, neighborhood conditions, average

parental educational levels, and amenities such as

proximity or access to libraries and other educational

supports, can vastly inhibit or enhance student

performance.” Research demonstrates that these

“i

*® See Linda Darling-Hammond, The Color Line in Ameri-

can Education: Race, Resources, and Student Achievement, 1 Du

(Continued on following page)

varying factors each correlate with educational

outcomes, and when clustered together they have a

tremendous influence on educational achievement.”

These local conditions vary dramatically across Texas

and generate unequal educational opportunities.

Consequently, students from districts that are most

disadvantaged along these measures would be unlike-

ly to be considered for admissions without a holistic

admissions system.

4. Race Should Be Considered Within

Holistic Admissions Because the

Convergence of Multiple Factors

Inextricably Linked to Race Inhib-

its Educational Opportunity.

In Brown, this Court concluded that “it is doubt-

ful that any child may reasonably be expected to

succeed in life if he is denied the opportunity to an

education. Such an opportunity, where the state has

undertaken to provide it, is a right which must be

made available to all on equal terms.” Education is

important for economic opportunity, civic participa-

tion, and democratic engagement. The Court’s deci-

sions in Brown and Grutter recognized the role

education serves for both individuals and society as a

Bois Rev. 213 (2004); Jonathan Kozol, Still Separate, Still

Unequal: America’s Educational Apartheid, 311 Harper’s Mag.

41 (2005).

* Darling-Hammond, supra note 25, at 214.

” Brown v. Bd. of Educ., 347 U.S. 483, 493 (1954).

whole; accordingly, education must be provided under

conditions of equality.”

Standing against this aspiration is the reality

that educational opportunity remains uneven across

our nation and the state of Texas. This uneven educa-

tional opportunity is largely a result of the interac-

tion of race and the aforementioned local conditions

with economic segregation and isolation. Residing in

neighborhoods of concentrated poverty and racial

segregation has a direct effect on educational out-

comes: it is equivalent to missing an entire year of

school.” The interaction between racial segregation

and income segregation results in the exclusion of

disproportionate numbers of Black and Latino stu-

dents from educational opportunities. One out of

every six Black or Latino students attends a

“hypersegregated school,” in which the student popu-

lation is 99-100% racially or ethnically homogenous.”

Roughly two of every five Black or Latino students in

* See id.; Grutter, 539 U.S. at 332 (“(UJniversities ...

represent the training ground for a large number of our Nation’s

leaders.”); see also Parents Involved, 551 U.S. at 797 (Kennedy,

J., concurring) (“This Nation has a moral and ethical obligation

to fulfill its historic commitment to creating an integrated

society that ensures equal opportunity for all of its children.”).

* See Robert J. Sampson et al., Durable Effects of Concen-

trated Disadvantage on Verbal Ability Among African-American

Children, 105 Proc. Nat'l Acad. Sci. 845, 845-52 (2008).

* Erica Frankenberg et al., A Multiracial Society with

Segregated Schools: Are We Losing the Dream?, Harv. U. C.R.

Project, Jan. 28, 2003, at 28.

the United States attend “intensely segregated

schools,” in which 90-100% of the student body is

racially homogenous, up from one-third in 1988.”

More than three quarters of these schools are high-

poverty schools.” As of 2013, “a black poor person is

more than three times as likely and a Hispanic poor

person is more than twice as likely to reside in a

neighborhood with a poverty rate of 40 percent or

more than a white poor person.” The net effect of

coming from a family living in generational poverty

disproportionately impacts Black and Latino students

in significant ways. Racially isolated Blacks and

Latinos are disproportionately overrepresented across

most determinative factors that inhibit access to

educational opportunity.”

" Id. at 31.

“ Gary Orfield & Chungmei Lee, Racial Transformation

and the Changing Nature of Segregation, Harv. U. C.R. Project,

Jan. 2006, at 31.

* Paul A. Jargowsky, The Architecture of Segregation: Civil

Unrest, the Concentration of Poverty, and Public Policy, at 6

(Aug. 9, 2015), http://www.tcf.org/assets/downloads/Jargowsky _

ArchitectureofSegregation.pdf.

* See Marta Tienda & Sunny Xinchun Niu, Capitalizing on

Segregation, Pretending Neutrality: College Admissions and the

Texas Top 10% Law, 8 Am. L. & Econ. Rev. 312, 328 (2006) (“By

definition, students who attend minority-dominated schools are

mostly [B]lack and [Latino], ... are usually poorer; [and] on

average, their parents are less likely to have college de-

grees....”); see also Elizabeth Anderson, The Imperative of

Integration 2 (Princeton Univ. Press 2010) (“[Racial slegregation

. isolates disadvantaged groups from access to public and

private resources, from sources of human and cultural capital,

(Continued on following page)

Research demonstrates that a broad range of

complex variables such as socioeconomic status,

parental education, school environment, residential

stability, and geographic diversity disproportionately

affect the educational opportunities available to

Blacks and Latinos. All of these factors intersect with

race. For example, one recent study found that the

correlation between concentrated disadvantage and

segregated Black neighborhoods in Chicago is .83,

while the correlation between concentrated ad-

vantage and White neighborhoods is only .24.” In

contrast, it is well-known that high levels of parental

education correlate with higher test scores, higher

grade point averages, and greater educational aspira-

tions for their children.” Similarly, wealth is highly

correlated with student performance and educational

attainment.”

and from the socia] networks that govern access to jobs, business

connections, and political influence. It depresses their ability to

accumulate wealth and gain access to credit.”).

* Robert J. Sampson, Great American City 112-14 (The

Univ. of Chi. Press 2012).

* J. R. Campbell et al., Trends in Academic Progress: Three

Decades of Student Performance, Nat’ Ctr. for Educ. Stat., Aug.

2000, at 46-51.

" See, e.g., Amy J. Orr, Black-White Differences in Achieve-

ment: The Importance of Wealth, 76 Am. Soc. Ass’n 281 (2003);

College Board, 2009 College-Bound Seniors: Total Group Profile

Report 1, 4 (2009) (illustrating that in 2009, the highest average

score on the SAT was posted by students who reported their

family income as greater than $200,000 annually); Anthony P.

Carnevale & Stephen J. Rose, America’s Untapped Resource:

(Continued on following page)

Given the number and complexity of variables

that contribute to racial disadvantage, an admissions

policy limited to race-neutral factors cannot capture

their cumulative effect on educational opportunity.

Considering race within a broader, holistic admis-

sions policy therefore remains the only way to ac-

count for the uneven distribution of educational

opportunities within and across school districts and

generate a richly diverse student body at UT. Race is

an essential factor in assessing an applicant’s past

academic conditions and experiences. UT simply

cannot rely on the TTPP alone to accomplish its goal

of meaningful diversity.

A holistic, race-conscious admissions policy is

consistent with the Court’s goal, as articulated in

Brown, of ensuring educational opportunity and its

guidance in Grutter explaining the need for individu-

alized assessments to achieve this goal. UT’s inclu-

sion of race as one “special circumstance” within its

holistic and individualized admissions process is

necessary because certain populations in Texas

disproportionately reside in racially isolated envi-

ronments with less educational opportunity, which

inhibits their ability to benefit from an admissions

Low Income Students in Higher Education 106, 141 (Richard D.

Kahlenberg ed., The Century Foundation 2004) (finding that

74% of students at the 146 most selective four-year colleges and

universities in the U.S. came from the top socioeconomic status

quarter of American families, versus 3% from the bottom

quarter).

policy based solely on class rank. The uneven distri-

bution of educational opportunities both within and

across districts necessitates the consideration of

qualities beyond class rank to improve the un-

derrepresentation of certain groups and generate a

richly diverse student body at UT. Consequently, the

holistic admissions plan is necessary to achieve UT’s

compelling interest in promoting the benefits of

diversity to UT, the broader community, and the state

of Texas.

B. UT’s Policy Is Narrowly Tailored Because

It Focuses on Individualized Review

In describing “the hallmarks of a narrowly tai-

lored [race-conscious admission] plan,” this Court in

Grutter observed that such plans require that “race

be used in a flexible, nonmechanical way,” and “that

universities cannot establish quotas for members of

certain racia] groups or put members of those groups

on separate admissions tracks” or “insulate appli-

cants who belong to certain racial or ethnic groups

from the competition for admission.” Stated simply,

race-conscious admissions programs must consider

applicants holistically and as individuals.” UT's

admissions program comports with the Court’s man-

dates.

” 539 U.S. at 334.

* Regents v. Bakke, 438 U.S. 265, 317-18 (1978); Grutter,

539 U.S. at 309.

As permitted expressly by Grutter, UT seeks to

attain a critical mass of underrepresented minority

students on its campus through its admissions poli-

cies.” Employing the TTPP alone would leave UT

with a fully-mechanized admissions system for in-

state applicants that looks only at class rank. The

holistic plan serves as a necessary complement to the

TTPP by supplementing its mechanical methodology

with an individualized and dynamic admissions

assessment, as required under Bakke and Grutter.

In particular, the holistic plan incorporates and

considers the contents of the applicant’s entire file,

“including demonstrated leadership qualities, extra-

curricular activities, honors and awards, essays, work

experience, community service, and special circum-

stances, such as the applicant’s socioeconomic status,

family composition, special family responsibilities,

the socioeconomic status of the applicant’s high

school, and race.” The nuanced, individualized

review advanced by the holistic plan ensures that

UT’s race-conscious admissions process is applied in a

“flexible, nonmechanical way” that comports with the

Court’s mandate.”

“ 539 U.S. at 336.

“ Fisher v. Univ. of Tex. at Austin, 758 F.3d 633, 638 (5th

Cir. 2014).

* Grutter, 539 U.S. at 334.

1. The Holisiic Plan Is Not About Quo-

tas, Percentages or Target Numbers

But Focuses on Individuals, an Op-

portunity Denied by the TTPP.

UT’s race-conscious holistic admissions program

is an essential supplement to the TTPP and other

race-neutral efforts. While this component of the

admissions program is “modest” in its approach,” its

impact is significant. UT’s race-conscious holistic

admissions process affords UT enhanced flexibility to

admit students of all races who will contribute to rich

diversity on campus and in the classroom, even if

they were not ranked at the very top of their respec-

tive high school class. In particular, the race-

conscious, individualized review process provides the

opportunity to obtain the educational benefits of

diversity both within and among underrepresented

minority student communities. For example, the

process allows for consideration of a student who may

be just outside the top ten percent of his high school

class, but who has demonstrated excellence or perse-

verance in other areas of life, which may predict his

future success and value-add to a college class far

more accurately than an exclusive focus on class

rank. Having such a student at UT would provide the

type of additional diversity of experience and view-

point that the Court has acknowledged benefits all

students.

* Id. at 393.

While UT considers race, it gives race no more

weight than socioeconomic background, work experi-

ence, community service or a number of other fac-

tors.“ Under UT’s holistic plan, race is not considered

in isolation, but is simply part of UT’s examination of

each applicant as a whole person. There is no quota,

target, or predetermined percentage of undergradu-

ate enrollment that automatically produces these

benefits; nor could there be, as this Court has di-

rected repeatedly.” UT does not consider race as a

“search for numbers but a search for students of

unique talents and backgrounds who can enrich the

diversity of the student body in distinct ways.”“

A critical mass cannot be defined by simple

numerical calculations alone. Rather, critical mass

depends on the quality, as much as the quantity, of

individual students’ cross-racial interactions, as well

as the context and community in which the particular

university is situated. Precluding UT from utilizing

nonmechanical, race-conscious methods to evaluate

applicants admitted outside of the TTPP undermines

UT’s ability to cultivate a campus and classrooms

composed of rich and varied forms of diversity. This

rich diversity contributes significantly to all students’

experience at UT and beyond.

“ Fisher, 758 F.3d at 638.

“ See Grutter, 539 U.S. at 329-30, 334.

“ Fisher, 758 F.3d at 653-54.

II. UT’s Holistic Admissions Policy Is Neces-

sary to Achieve the Benefits of Meaning-

ful Classroom Diversity

A. Recent Social Science Studies Have

Deepened Our Understanding of Di-

versity’s Benefits

1. Diversity Helps All Students by Re-

ducing Anxieties That May Result

from Interracial Interactions.

Since Grutter, social scientists have expanded the

breadth of research demonstrating the benefits of

diversity. This research shows that initial interac-

tions with members from identity groups different

from one’s own (i.e., individuals from different racial,

socioeconomic, or gender groups) can stimulate anxie-

ty and distress. This initial anxiety manifests physio-

logically in cardiovascular reactivity, increased

production of cortisol (commonly called the “stress

hormone”), and changes in the regularity of heart

rate per breathing cycle.“ However, empirical data

show that increased short- and long-term contact

” See Jim Blascovich et al., Perceiver Threat in Social

Interactions With Stigmatized Others, 80 J. Personality & Soc.

Psychol. 253, 254 (2001); Elizabeth Page-Gould et al., Jntergroup

Contact Facilitates Physiological Recovery Following Stressful

Intergroup Interactions, 46 J. Experimental Soc. Psychol. 854,

855 (2010).

with members from other groups ameliorates these

stress responses.”

Research provides strong evidence that past

experience with diverse groups of people, particularly

through interracial contact, predicts faster and more

efficient physiological regulation across various stress

systems in the body. Previous interracial contact

predicts better adaptive recovery from the body’s

autonomic nervous system (ANS) stress response,

enabling a faster return to regular heart rate and a

rapid decline in excess of cortisol.” A decline in corti-

sol indicates quicker neuroendocrine recovery, which

is associated with psychological resilience and im-

proved ability to thrive.” Exposure to diversity also

helps regulate cardiovascular threat response, meas-

ured by vascular contractility and lowered circulatory

resistance to blood flow." For example, non-Black

college students who have high levels of past interra-

cial contact and who interact with a Black fellow

“ For an examination of the differences between intergroup

“interaction” and intergroup “contact,” see Cara C. MacInnis &

Elizabeth Page-Gould, How Can Intergroup Interaction Be Bad

If Intergroup Contact Is Good? Exploring and Reconciling an

Apparent Paradox in the Science of Intergroup Relations, 10(3)

Persp. on Psychol. Sci. 307, 308 (2015) (“interaction” refers to

short stranger interactions between ingroup and outgroup

members and “contact” refers to self-reported long-term contact

with outgroup members).

” Page-Gould, supra note 47, at 854-56.

” Id.

" Blascovich, supra note 47, at 263.

student to perform a specific task show lower cardio-

vascular threat responses than college students with

low levels of past interracial contact.” This physiolog-

ical regulation facilitates intergroup interaction and

adaptive coping with intergroup stress and improves

long-term cardiovascular and psychological health,

preventing chronic hypertension and increasing

physical immunity and mental resilience.”

The physiological benefits of interracial interac-

tions that occur in diverse settings are not just cumu-

lative; they can appear in a matter of weeks or even

days, which is critical for students who arrive at

college with little or no previous interracial experi-

ence. A 2008 experiment with Latino and White

participants at a selective public university found

that students who were implicitly prejudiced or

concerned about race-based rejection responded to

their first interracial interaction with a heightened

release of cortisol, which appeared in saliva within

twenty minutes of first meeting the interaction

partner.” This cortisol reactivity reaction significant-

ly decreased over the course of only three interracial

meetings.” These data suggest that interracial

* Id.

* Page-Gould, supra note 47, at 855, 858.

“ Elizabeth Page-Gould et al., With a Little Help From My

Cross-Group Friend: Reducing Anxiety in Intergroup Contexts

Through Cross-Group Friendship, 95 J. Personality & Soc.

Psychol. 1080, 1085, 1089 (2008).

* Id. at 1089.

contact lowers stress responses “relatively early in

the development of crossgroup friendship.” Thus,

interracial interactions can produce short- and long-

term physiological benefits to students by reducing

stress and anxiety that can negatively impact aca-

demic performance.”

2. Diversity Reduces Prejudice and Bias.

In addition to improved physiological reactions

and lower anxiety levels, social science research

shows that interracial interactions reduce implicit

and explicit prejudices in the development of inter-

personal relationships. In 2012, researchers from

Columbia, Stanford, and Tufts Universities released a

study that examined over forty years of research on

interracial interactions, compiling data from 81

different studies with an aggregate of 12,463 partici-

pants.” This meta-analysis” found that participants

* Id. (finding also that, after their final cross-group meet-

ing, “implicitly prejudiced participants sought out more inter-

group interactions, and participants felt less anxious in the

diverse university environment”).

*” Toni Schmader et al., A Metacognitive Perspective on the

Cognitive Deficits Experienced in Intellectually Threatening

Environments, 35 Personality & Soc. Psychol. Bull. 584, 585-95

(2009).

“ Negin R. Toosi et al., Dyadic Interracial Interactions: A

Meta-Analysis, 138 Psychol. Bull. 1, 6-7 (2012).

” “Meta-analyses” are “studies of studies” that pool

statistical information from a diverse set of existing research

studies to obtain the scientifically best estimate of a given

(Continued on following page)

engaging in interracial interactions report feeling

more negative emotions (e.g., anxiety) than partici-

pants engaging in same-race interactions. Over time,

however, repeated interracial interactions produced

more positive emotional experiences comparable to

those of participants engaging in same-race interac-

tions.” Another post-Grutter meta-analysis of over

500 studies, including samples of college students,

demonstrated that intergroup contact reduces preju-

dice and improves intergroup attitudes.“ These

analyses indicate that the benefits of interracial

interaction emerge over time and help reduce bias,

anxiety, and other negative emotional responses.

The benefits of diversity can begin to flourish

even when an individual has only indirect contact

with someone from a different identity group; an

effect. Meta-analyses complement findings from any individual

study by leveraging the magnitude and consistency of effects

across a larger body of research to determine more estimates of

influence. See Blair T. Johnson & Alice H. Eagly, Meta-analysis

of social-personality psychological research, Handbook Methods

in Social and Personality Psychology 677 (2d ed. 2014).

” Toosi, supra note 58, at 16, 18.

“ See Thomas F. Pettigrew & Linda R. Tropp, A Meta-

Analytic Test of Intergroup Contact Theory, 90 J. Personality &

Soc. Psychol. 751 (2006); see also Thomas F. Pettigrew & Linda

R. Tropp, How does intergroup contact reduce prejudice? Meta-

analytic tests of three mediators, 38 Eur. J. of Soc. Psychol. 922

(2008) (building upon their meta-analysis of 515 intergroup

studies from 2000 by adding 54 new studies between 2000-2005,

scientists found that intergroup contact reduces prejudice

largely through enhancing knowledge, reducing anxiety, and/or

promoting empathy toward other groups).

individual’s prejudice towards that group is reduced

simply by virtue of extended contact through an

ingroup mutual friend.” Empirical evidence demon-

strates that “[e]xtended contact [is] associated with

lower intergroup anxiety ... which in turn [is] asso-

ciated with more positive outgroup attitudes.”

A diverse student population provides a positive

environment in which intergroup contact erodes one

of the important bases of generalized prejudice and

discrimination, social dominance orientation. Social

dominance orientation (“SDO”) measures an individ-

ual’s preference for hierarchy within any social sys-

tem and domination over lower-status groups.”

Individuals and groups exhibiting a propensity for

SDO will favor social practices that maintain or

exacerbate inequality among groups and will oppose

social practices that reduce group inequality.” The

intergroup contact resulting from a diverse student

population reduces SDO by counteracting student

“ Rhiannon N. Turner et al., Reducing Explicit and Implicit

Outgroup Prejudice Via Direct and Extended Contact: The

Mediating Role of Self-Disclosure and Intergroup Anxiety, 93 J.

Personality & Soc. Psychol. 369, 384 (2007) (studying White and

South Asian high school students).

“ Id. at 377. Another study yielded similar findings with a

larger independent sample. See id.

“ Felicia Pratto et al., Social dominance orientation: A

personality variable predicting social and political attitudes, 67

J. Personality and Soc. Psychol. 741, 743 (1994).

prejudices.” Therefore, by engaging in interracial

contact or having close friends who do, individuals

experience less anxiety, increased empathy, reduced

social dominance orientation, and lower levels of

prejudice towards outgroup members.”

In a university setting, students who acquire

more cross-group friends during their undergraduate

years also demonstrate decreased prejudice.” One

longitudinal study of 2,000 university students found

interracial roommate pairings resulted in reductions

in prejudice and increased “ethnic heterogeneity of

[students’] friendship circle[s].” Interracial room-

mate relationships are also “associated with in-

creased interethnic competence [and] decreased

interethnic unease.”” A more recent study surveyed

“ Kristof Dhont et al., Changing the ideological roots of

prejudice: Longitudinal effects of ethnic intergroup contact on

social dominance orientation, 17 Group Processes & Intergroup

Rel. 27, 28-29 (2013).

” In contrast, priming Whites with a colorblindness ap-

proach can cause them to act more prejudiced in interracial

interactions. Encouraging multiculturalism instead of color-

blindness produces more favorable ethnic minority outcomes in

intergroup settings. Deborah Son Holoien & J. Nicole Shelton,

You deplete me: The cognitive costs of colorblindness on ethnic

minorities, 48 J. of Experimental Soc. Psychol. 562 (2012).

* See Colette Van Laar et al., The effect of university

roommate contact on ethnic attitudes and behavior, 41 J. Exper-

imental Soc. Psychol. 329, 330 (2005) (“(S]tudents with more

outgroup friendships ... during their second and third years of

university showed less prejudice at the end of university. . . .”).

” Id. at 338.

” Id. at 341.

the attitudes of White freshmen randomly assigned to

Black roommates in college and found similar results

after only a ten-week quarter, indicating that

racial attitudes of White students in interra-

cial rooms became more positive toward

[Blacks], whereas the attitudes of White stu-

dents in same-race rooms did not change.

Participants in interracial rooms ¢ -so report-

ed decreased intergroup anxiety toward

[Blacks] at the end of the quarter, whereas

participants in same-race rooms did not ex-

hibit [such] change.”

These studies show that White students’ implicit

racial attitudes improve while living with a Black

roommate for a mere quarter term, underscoring the

significance of interracial interactions in the college

setting in reducing prejudice.” Because college is

where many individuals experience their first mean-

ingful and sustained contact with people of different

races and backgrounds, these early interactions can

influence how students will interact with others

beyond the college setting.

" Natalie J. Shook & Russell H. Fazio, Interracial Room-

mate Relationships: An Experimental Field Test of the Contact

Hypothesis, 19 Psychol. Sci. 717, 721 (2008).

™ See also Elizabeth Aries, Speaking of Race and Class 101-

02 (Temple Univ. Press 2013) (common stereotypes held by many

Black and White students decreased over the four years they

spent at Amherst College).

3. Diversity Reduces the Racial Isola-

tion or Solo Status of Underrepre-

sented Students and Reduces the

Effects of Stereotype Threat.

Diversity within the classroom also reduces “solo

status,” the isolation experienced by underrepresent-

ed students that adversely impacts classroom learn-

ing and performance.” While solo status can

undermine the educational objectives of any student,

it disproportionateiy impacts the classroom perfor-

mance of students from historically stigmatized

groups. “

Social science findings reveal that students

experiencing solo status feel they are being seen as

representatives of their racial group.” Solo status

may also intensify students’ collective self-construal —

the degree to which their sense of self is tied to social

” Denise Sekaquaptewa & Mischa Thompson, The Differen-

tial Effects of Solo Status on Members of High- and Low-Status

Groups, 28 Personality & Soc. Psychol. Bull. 694, 694 (2002)

(defining solo status as “being the only member of one’s social

category in an otherwise homogenous group”).

* Id. at 703.

See Linda R. Tropp et al., The Use of Research in the

Seattle and Jefferson County Desegregition Cases: Connecting

Social Science and the Law, 7 Analyses of Soc. Issues & Pub.

Pol’y 93, 104 (2007) (finding that “when one’s racial category is

made salient due to its distinctiveness, members of racial

minority groups are more likely to feel that they are being

evaluated on the basis of that social category.”).

group membership.” This increased race representa-

tiveness and collective self-construal among individu-

als experiencing solo status or racial isolation can

derail performance.” However, increasing proportions

of traditionally underrepresented racial groups “may

diminish the salience of racial categories and ulti-

mately enhance the potential for decreasing the

perceived relevance of race within the intergroup

context.”” Thus, individuals from historically mar-

ginalized groups may positively respond to settings

where “their race is perceived to be adequately or

fairly represented.””

An “adequate representation” of historically

marginalized groups is what UT intends to foster

when it seeks to attain a “critical mass” of un-

derrepresented minorities. Reducing feelings of racial

isolation and alienation within its student body by

admitting a critical mass of underrepresented minori-

ties and increasing opportunities for diverse peer

engagement is important to the overall educational

climate of a university because “[s]tudents who feel

confident in their belonging ... may initiate more

relationships and thus obtain more opportunities for

" Denise Sekaquaptewa et al., Solo Status and Self.

Construal: Being Distinctive Influences Racial Self-Construal

and Performance Apprehension in African American Women, 13

Cultural Diversity & Ethnic Minority Psychol. 321, 321 (2007).

" Id. at 322.

” See Tropp, supra note 75, at 104.

™ See Sekaquaptewa, supra note 76, at 326.

belonging and growth.” Controverting isolation

among students of color may be one of the most

essential precursors to intergroup connectedness,

thus making adequate representation a key compo-

nent to successful diversity at UT.

In the absence of a sufficiently diverse environ-

ment, racial isolation or solo status and other forms

of anxiety and awareness about the perceived per-

formance capabilities of one’s racial group can result

in “stereotype threat.” Stereotype threat refers to the

disruptive apprehension that individuals feel when

they fear their performance will confirm a salient

negative stereotype about the intellectual ability and

competence of their identity group.” This fear of

confirming an underperformance stereotype has been

found to impair intellectual performance and ability.”

Social science research has demonstrated that the

academic performance of underrepresented students,

including Blacks and Latinos, can be explained by

stereotype threat.” Experiencing stereotype threat

" See Gregory M. Walton & Geoffrey L. Cohen, A Brief

Soctal-Belonging Intervention Improves Academic and Health

Outcomes of Minority Students, 331 Science 1447, 1450 (2011).

" See Claude M. Steele & Joshua Aronson, Stereotype

Threat and the Intellectual Test Performance of African Ameri-

cans, 69 J. Personality & Soc. Psychol. 797, 797 (1995).

" Id. at 808.

“ See Michael Inzlicht & Toni Schmader, Stereotype Threat:

Theory, Process, and Application (Oxford Univ. Press 2012)

(discussing research conducted over the last fifteen years).

can result in physiological changes in the body and

brain, thus undermining academic performance

expectations, increasing feelings of self-doubt, and

generally reducing an individual’s cognitive resources

precisely when they are needed most.“ Amici respect-

fully refer the Court to the Brief of Experimental

Psychologists as Amici Curiae in Support of Respon-

dents for specific research addressing the negative

consequences and impairments caused by stereotype

threat in more detail.”

Physiological reactions to stereotype threat can

be mitigated when students have a strong sense of

“social belonging,” or have positive relationships with

and connections to other people.” Academic and work

environments that emphasize diversity to un-

derrepresented students increase a sense of belonging

and foster motivation to participate in those envi-

ronments.

“ See Toni Schmader et al., A Metacognitive Perspective on

the Cognitive Deficits Experienced in Intellectually Threatening

Environments, 35 Personality & Soc. Psychol. Bull. 584, 585-95

(2009); see also Toni Schmader et al., An Integrated Process

Model of Stereotype Threat Effects on Performance, 115 Psychol.

Rev. 336, 342 (2008).

“ Brief of Experimental Psychologists as Amici Curiae in

Support of Respondents calendared for filing November 2, 2015

in this action.

“ See Gregory M. Walton & Geoffrey L. Cohen, A Question

of Belonging: Race, Social Fit, and Achievement, 92 J. Personali-

ty & Soc. Psychol. 82, 82 (2007).

B. Diverse Educational Environments

Promote Better Problem-Solving and

Academic Performance and Better

Prepare Students to Navigate an In-

creasingly Diverse Society, Workforce,

and Civic Life

1. Diversity Promotes Better Prob-

lem-Solving and Academic Perfor-

mance.

In addition to decreasing racial isolation and

stereotype threat, social science research shows that

diversity promotes better problem-solving within

groups and by individual group members. The success

of diverse groups has been documented in a variety of

arenas for nearly half a century.” This success is

attributed to the benefit diversity confers upon group

dynamics and individual intellectual development.

In a study comparing high-ability groups com-

prised of individuals who had earned the highest

scores on aptitude tests and groups comprised of

individuals from diverse backgrounds, researchers

found that the diverse groups consistently outper-

formed the high-ability groups when asked to solve

See, e.g., Eric Hsu et al., Supporting High Achievement in

Introductory Mathematics Courses: What We Have Learned from

30 Years of the Emerging Scholars Program, Making the Con-

nection: Research and Teaching in Undergraduate Mathematics

205, 206 (Marilyn P. Carlson & Chris Rasmussen ed., 2008).

complex problems.” This analysis indicated that

“even if we were to accept the claim that IQ tests,

Scholastic Aptitude Tests scores, and college grades

predict individual problem-solving ability, they may

not be as important in determining a person’s poten-

tial contribution as a problem solver as would be

measures of how differently that person thinks.””

Diversity is an indispensable prerequisite to estab-

lishing the most productive problem-solving academic

communities.

The capacity for diverse groups to outperform

high-ability groups is derived from “collective intelli-

gence” — a quality attributed to “the group itself, not

just the individuals in it,” that predicts the problem-

solving ability of a group.” Through experimentation,

researchers have discovered that collective intelli-

gence not only exists, but is affected more by diversity

than average intelligence of the individual group

members.” A 2010 study identified a significant

correlation between “average social sensitivity of

group members” and collective intelligence of the

groups.” Additional studies indicate that social

“ Lu Hong & Scott E. Page, Groups of diverse problem

solvers can outperform groups of high-ability problem solvers,

101 Proc. Nat’l Acad. Sci. 16385 (2004).

” Anita W. Woolley et al., Evidence for a Collective Intelli-

gence Factor in the Performance of Human Groups, 330 Science

686, 687 (2010).

" Id. at 688.

sensitivity increases when individuals consider

themselves a part of a diverse group and begin to

empathize with different understandings and view-

points.” Participation in diverse groups during col-

lege impacts the social sensitivity of individuals

which, in turn, increases the collective intelligence of

groups both in college and in the professional

sphere.”

In addition to increasing the collective intelli-

gence of groups, diversity also leads to an increase in

the capabilities of individuals of all races. The Emerg-

ing Scholars Programs (“ESP”) across the nation that

focus on bringing underrepresented minority and

White students together to participate in math work-

shops exemplify how group diversity contributes to

the success of individuals.” Many studies show that

students who participate in ESP workshops achieve

higher grades in their math and science classes than

those who do not.” When comparing the performance

” See Marilynn B. Brewer & Wendi Gardner, Who /s This

“We”? Levels of Collective Identity and Self Representations, 71 J.

of Personality & Soc. Psychol. 83 (1996).

“ See id.; see also Woolley, supra note 90, at 688.

” Hsu, supra note 87, at 208.

" Id.; see Susan E. Moreno et al., Supporting Minority

Mathematics Achievement: The Emerging Scholars Program at

the University of Texas at Austin, 5 J. of Women & Minorities in

Sci. & Eng’g 53 (1999); see also Baine B. Alexander et al., A

Community Approach to Learning Calculus: Fostering Success

for Underrepresented Ethnic Minorities in an Emerging Scholars

Program, 3 J. of Women & Minorities in Sci. & Eng’g 145 (1997).

of ESP students to non-ESP students, researchers

considered only students with similar SAT scores to

control for prior academic ability.” Researchers found

that both White and minority ESP students per-

formed higher than their peers who were not involved

with the ESP” The benefit of participating in a

diverse group is therefore evidenced not only by the

way the group itself solves problems, but also in how

participants from all backgrounds perform outside of

the group.” Research shows that by increasing diver-

sity, universities can help their graduates enter

society with better problem-solving capabilities than

students who are not exposed to diversity.

Diversity is a valuable asset in academic institu-

tions because of the benefit it provides to groups and

individuals. Because college is a space in which

problem-solving abilities should be cultivated, it is

essential that colleges commit to increasing student

body diversity.

2. Diversity Better Prepares Students

for Life After College.

As Justice Powell observed in Bakke, “the ‘na-

tion’s future depends upon leaders trained’” in di-

verse academic environments.” In an increasingly

” Moreno, supra note 96, at 59.

* Id. at 60.

” Id.

438 U.S. at 313 (Opinion of Powell, J.) (citation omitted).

global society, being able to work easily with persons

of other races, to develop the capacity to view prob-

lems from several multifaceted perspectives, and to

be able to comfortably function in and understand

America’s complex social structure are all indispen-

sable skills for navigating the modern business world

and civic life. Currently, the majority of Texas college

students come from segregated or hypersegregated

communities and high schools.’ Higher learning

institutions such as UT provide many students with

their first — and possibly only — realistic opportunity

to develop these vital skills.

3. Success in Modern Professional So-

ciety Demands Cross-Cultural Com-

petence and the Ability to View

Problems From Multiple Perspec-

tives - Skills Best Learned in Di-

verse Academic Environments.

Amici representing numerous top companies in

the United States have touted the importance of

cross-cultural competence uf a business’s workforce,

and have briefed how diversity positively affects

the productivity and profitability of companies.

See supra § 1.A2.

See Brief for General Motors Corp. as Amici Curiae

Supporting Defendants-Appellants, Grutter v. Bollinger, 539

U.S. 306 (2003) (No. 01-1447); Brief for Amici Curiae Fortune-

100 and Other Leading American Businesses in Support of

Respondents, Fisher v. Univ. of Tex. at Austin, 133 S. Ct. 2411

(2013) (No. 11-345).

Cross-cultural competence refers to the ability to

quickly understand and effectively navigate a culture

different from one’s own.'” Companies agree that all

professionals must possess cross-cultural competence

to compete in a diverse global economy and succeed

professionally:

Diversity in academic institutions is essen-

tial to teaching students the human relations

and analytic skills they need to thrive and

lead in the work environments of the twenty-

first century. These skills include the abili-

ties to work well with colleagues and subor-

dinates from diverse backgrounds; to view

issues from multiple perspectives; and to an-

ticipate and respond with sensitivity to the

needs and cultural differences of highly di-

verse customers, colleagues, employee, and

global business partners.”

Recent social science research also illustrates that

diversity leads to increased innovation, as group

members collaborate with one another more when

‘* Allison Abbe et al., Cross-Cultural Competence in Army

Leaders: A Conceptual and Empirical Foundation, U.S. Army

Res. Inst. For the Behav. & Soc. Sci., Oct. 2007; Daniel P.

McDonald et al., Developing and Managing Cross-Cultural

Competence within the Department of Defense: Recommendations

for Learning and Assessment, Oct. 3, 2008 (revised Oct. 27,

2008).

'* See Brief for General Motors Corp. as Amici Curiae

Supporting Defendants-Appellants, supra note 102, at 2.

they recognize that alternative perspectives exist,

leading to novel insights and solutions.”

Current research provides compelling evidence

that “even absent social interaction or exchange of

information, mere awareness of a diverse group

composition [is] sufficient to impact the cognitive

tendencies” of White individuals, allowing for a more

robust and productive decision-making environ-

ment.'” As American companies have begun to seek

out diversity for productivity and profitability, the

ability to work within a diverse environment has

become an increasingly important skill. Students who

function within a complex diverse educational envi-

ronment develop a deeper understanding of the social

world, and develop the cultural-competence skills

now necessary for professional success.

'* Katherine W. Phillips et al., Surface-Level Diversity and

Decision-Making in Groups: When Does Deep-Level Similarity

Help?, 9 Group Processes & Intergroup Rel. 467, 475-77 (2006)

(finding that diverse groups spent more time discussing a

certain task, which improved performance); see also Scott E.

Page, The Difference 23, 47-50 (Princeton Univ. Press 2008)

(explaining that introducing diverse perspectives creates new

ways of organizing knowledge to find efficient solutions and

mitigates inefficiencies attributable to groupthink).

‘* Samuel R. Sommers et al., Cognitive effects of racial

diversity: White individuals’ information processing in heteroge-

neous groups, 44 J. Experimental Soc. Psychol. 1129, 1134

(2008).

4. Experiences With Diversity in High-

er Learning Environments Are Posi-

tively Associated With Greater

Democracy Outcomes in Students

and Continued Civic Engagement

After Graduation.

General civic life, during and after college, also

improves with diverse learning environments. Re-

search has long shown that students with diverse

college experiences are more willing to influence the

political structure, help others in need, engage in

community service, resolve conflict, and overcome

social division.”

Studies measuring the effects of diversity on

democracy outcomes show students in diverse learn-

ing environments have greater understanding that

differences need not be divisive, are more skilled at

perspective-taking, are able to perceive commonali-

ties in values between their own and other groups,

and show greater interest in politics, participation in

campus politics, and commitment to civic participa-

tion after college. Further, these students more

readily accept conflict as part of normal life.“” For

example, “students who reported frequent contact

'" See Patricia Gurin et al., The Benefits of Diversity in

Education for Democratic Citizenship, 60 J. Soc. Issues 17, 31-32

(2004); see also Patricia Gurin et al., Diversity and Higher

Education: Theory and Impact on Educational Outcomes, 74

Harv. Educ. Rev. 330, 347 (2002).

'* Gurin, supra note 107, at 21.

with diverse peers displayed greater ... self-

confidence in cultural awareness, development of a

pluralistic orientation, believe that conflict enhances

democracy, and tend to vote in federal and state

elections.””

Further research shows that attitudes formed

during college are stable, persisting up to fifty years

after graduation.’ Thus, the social and civic benefits

of diversity can extend to life after graduation, pro-

ducing a more civically engaged population.

5. Institutions of Higher Learning Are

Ideally Equipped to Provide the Ex-

posure to Diversity, Development of

Cross-Cultural Competence, and Criti-

cal Thinking Skills That Graduates

Need to Thrive Professionally and

Participate in a Plural Democracy.

Research shows that the college years are when

a person's social identity is formed.'’’ Further, pec >

interaction is recognized as the most influential

source of change in college.''* Universities are unique-

ly situated to provide genuine academic and social

‘“ Sylvia Hurtado, The Next Generation of Diversity and

Intergroup Relations Research, 61 J. Soc. Issues 595, 601-05

(2005).

'" Td. at 334.

'" Id. at 335.

interaction among students from different identity

groups. Because of long-standing hypersegregation in

Texas high schools, UT provides many students with

their first opportunity to live with and learn from

peers with different cultures, values, and experiences.

Social science demonstrates that graduates need

cross-cultural competence and critical thinking skills

to thrive professionally and participate in a plural

democracy. These invaluable skills are best learned

through the combination of academic and social

interaction that only a university with a richly di-

verse student body can provide.

Social science research demonstrates that diver-

sity in higher education is critical to reducing nega-

tive physiological and psychological responses,

improving academic performance, and better prepar-

ing our future leaders. An admissions policy that fails

to consider race cannot ensure this diversity given the

numerous compounded factors that disproportionate-

ly disadvantage Black and Latino students. Consider-

ing race within a broader, holistic admissions policy,

therefore, remains the only effective and efficient way

for UT to promote equal educational opportunity for

all students and achieve UT’s compelling interest in

the many benefits of diversity in higher education.

CONCLUSION

Amici curiae urge the Court to affirm the judg-

ment of the Court of Appeals.

Respectfully submitted,

EVA PATERSON VAVID J. BERGER

Counsel of Record LISA A. DAVIS

ALLISON S. ELGART DAVID A. BROWN

EQUAL JUSTICE SOCIETY WILSON SONSINI GOODRICH

1999 Harrison Street, & Rosati, PC

Suite 800 650 Page Mill Road

Oakland, CA 94612 Palo Alto, CA 94304

(415) 288-8700 (650) 493-9300

epaterson@ Idavis@wsgr.com

equaljusticesociety.org

john a. powell

STEPHEN MENENDIAN

HAAS INSTITUTE FOR A FAIR

AND INCLUSIVE SOCIETY,

UNIVERSITY OF CALIFORNIA,

BERKELEY

460 Stephens Hall

Berkeley, CA 94720

(510) 642-3011

smenendian@berkeley.edu

Counsel for Amici Curiae

November 2015

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App. 8

APPENDIX: LIST OF AMICI CURIAE'

Dr. Modupe Akinola is an Assistant Professor of

Management at Columbia Business School at Colum-

bia University. Dr. Akinola examines the effects of

stress on intergroup interactions and performance.

She also explores the biases that affect the recruit-

ment and retention of minorities in organizations.

Dr. Elizabeth Aries is the Clarence Francis 1910

Professor in Social Sciences (Psychology) at Amherst

College. She is the author of Race and Class Matters

at an Elite College (Temple University Press, 2008),

and Speaking of Race and Class: The Student Experi-

ence at an Elite College, with Richard Berman (Tem-

ple University Press, 2013). Her research focuses on

the race and class-based challenges faced by black

and white college students from different social class

backgrounds, and the learning that accrues from

being part of a diverse student body.

Dr. Laura Babbitt is a social psychologist and

researcher at Tufts University. Her research has

examined the psychological factors that influence

interracial interaction outcomes, making use of both

experimental and meta-analytic techniques. Her

current research investigates intergroup dynamics in

apparel factories, in connection with the Internation-

al Labor Organization.

' Affiliations are listed for identification purposes only.

Amici submit this brief in their individual capacities alone, and

not on behalf of any institution or organization.

App. 9

Dr. Michael Bader is an Assistant Professor of

Sociology at American University. He studies how

patterns of racial segregation have changed since the

passage of Civil Rights legislation in the 1960s. He

examines the causes of ongoing racial and economic

segregation in American metropolitan areas and the

consequences of segregation on racial and economic

inequality in health.

Dr. Hilary B. Bergsieker is an Assistant Professor

of Psychology at the University of Waterloo. Her

research examines stereotyping, prejudice, and

interpersonal dynamics of interracial interactions,

with a focus on distrust and asymmetric experiences

between racial groups.

Dr. Wendy Berry Mendes is the Sarlo/Ekman

Professor of Human Emotion in the Department of

Psychiatry at University of California, San Francisco.

Her expertise is in the area of neurobiological re-

sponses stemming from intergroup anxiety and

stereotype threat.

Dr. Courtney Bonam is an Assistant Professor of

Psychology at the University of Illinois at Chicago.

Dr. Bonam examines racial stereotyping and how

individuals make racially biased decisions even when

they do not intend to harmn people. Her work shows

that physical spaces — including schools and universi-

ties — become imbued with racial meaning and sug-

gests stereotypes about places can perpetuate racial

inequality (e.g., in wealth, health, and educational

opportunity).

App. 10

Dr. Camille Z. Charles is the Edmund J. and Louise

W. Kahn Term Professor in the Social Sciences, and

Professor of Sociology, Africana Studies, and Educa-

tion at the University of Pennsylvania. Her areas of

expertise are in the areas of racial inequality, inter-

group relations, and racial identity.

Dr. Noé Rubén Chavez is a Postdoctoral Research

Fellow at the Center of Community Alliance for

Research and Education (CCARE) within City of

Hope, an NCI designated comprehensive cancer

center. Dr. Chavez is a trained community psycholo-

gist with a focus on adolescent empowerment, ethnic/

racial identity development, prevention, and health/

educational equity. He applies a community-

participatory approach to engage the talents and

perspective of underserved communities to improve

science. He is currently collaborating with a coalition

of multi-sectorial partners, with support from the

Robert Wood Johnson Foundation and Institute for

Healthcare Improvement, to empower ethnic minority

youth to berome leaders in improving the education

and health of their communities.

Dr. Sapna Cheryan is an Associate Professor of

Psychology at the University of Washington. Her

research interests include identity, stereotypes, and

prejudice. Dr. Cheryan has received numerous

awards for her research, including the National

Science Foundation CAREER Award and the Ameri-

can Psychological Association Dissertation Research

Award.

App. 11

Dr. Nilanjana Dasgupta is a Professor of Psycholo-

gy and Director of Faculty Equity & Inclusion at the

University of Massachusetts at Amherst. She is a

social psychologist whose research focuses on biases

in implicit attitudes and beliefs; how implicit bias

affects judgments and behavior toward others and the

self; and social contexts that change implicit bias. She

applies her work to education, organizations, and

legal theories of discrimination. She is a fellow of the

Society for Experimental Social Psychology and the

Association of Psychological Science, and is the

recipient of the Hidden Bias Research Prize and

Morton Deutsch Prize from the International Society

for Justice Research. Dr. Dasgupta has received

numerous grants from the National Science Founda-

tion including the prestigious NSF CAREER award,

and the National Institutes of Health. She currently

serves on the National Science Foundation’s Advisory

Committee for Social, Behavioral, and Economic

Sciences and is the President Elect of the Society for

Experimental Social Psychology.

Dr. Wendi Gardner is an Associate Professor of

Psychology at Northwestern University. Her expertise

is in the area of social definitions of the self/social

identities as well as how individuals cope with social

exclusion.

Dr. Allen Hart is the James E. Ostendarp Professor

of Psychology at Amherst College. Dr. Hart’s research

explores the role of interpersonal expectations in

guiding human behavior. To that end, an important

theme has been to understand the basic processes of

App. 12

interpersonal expectations informed by how real

people make decisions and judgments about real

people. His research investigates issues related to

judicial behavior, jury decision-making, and neural

correlates of stereotyping and prejudice.

Dr. Deborah S. Holoien is an Assistant Professor of

Psychology at Amherst College. Dr. Holoien conducts

experimental research on the antecedents, moderat-

ing factors, and consequences of achieving (or failing

to achieve) understanding in interracial interactions

and relationships.

Dr. Cheryl Kaiser is an Associate Professor in the

Department of Psychology at the University of Wash-

ington, where she directs the Social Identity Labora-

tory. Her research interests include psychological

aspects of prejudice, identity, and diversity, and the

intersection of these topics with law and policy. She is

a fellow of the Society for Experimental Social Psy-

chology, the Society of Personality and Social Psy-

chology, and the Society for the Psychological Study of

Social Issues, as well as the recipient of the Sage

Young Scholars Award, the James McKeen Cattell

Sabbatical Award, and the Gordon Allport Intergroup

Relations Prize. She is the recipient of numerous

grants from the National! Institute of Mental Health,

the National Science Foundation, and the Russell Sage

Foundation. She currently serves as Associate Editor

at Journal of Personality and Social Psychology.

App. 13

Dr. Eden King is an Associate Professor of Industri-

al-Organizational Psychology at George Mason Uni-

versity. Her research uncovers barriers to workplace

equality and evaluates relevant remediation strate-

gies.

Dr. Neneh Kowai-Bell is a social psychologist and is

a Professor at Houston Community College. Dr.

Kowai-Bell is interested in intergroup relations,

social issues, and fostering effective learning envi-

ronments.

Dr. Eric D. Knowles is an Associate Professor of

Psychology at New York University. His research

focuses on intergroup relations, racial inequality, and

the origins of people’s social policy attitudes.

Dr. Rodolfo Mendoza-Denton is a Richard and

Rhoda Goldman Professor of Psychology at the Uni-

versity of California, Berkeley. His research focuses

on intergroup relations and the negative impact of

stigmatization and lack of inclusion on minority

students’ educational outcomes.

Dr. Jason Okonofua is a social psychologist in the

Psychology Department at Stanford University. Dr.

Okonofua is interested in how the effects of one

person’s stereotyping and another person’s threat

reverberate and escalate over time. He currently

researches this interest in the context of education

and criminal justice. He asks how stereotypes about

stigmatized children can shape how they interact

with teachers, administrators, and police officers. Dr.

App. 14

Okonofua’s work is situated to inform psychological

theory, field experimentation, and public policy.

Dr. Elizabeth Page-Gould is the Canada Research

Chair in Social Psychophysiology and an Associate

Professor of Psychology at the University of Toronto.

Dr. Page-Gould’s research has primarily taken an

experimental and longitudinal approach to under-

stand the role that cross-ethnic friendship and daily

interracial interaction plays in psychological and

physiological thriving in diverse contexts.

Dr. Devah Pager is a Professor of Sociology and

Public Policy at Harvard University and the Kenneth

and Susan Wallach Professor at the Radcliffe Insti-

tute. Professor Pager’s research focuses on the costs

and consequences of racial discrimination. Using a

series of field experiments, Professor Pager has

documented large and persistent forms of discrimina-

tion facing minority job seekers. Her current research

investigates the feedback effects of discrimination for

job seekers, as individuals adapt or distort their

search behaviors in response to discrimination.

Dr. Adam Pearson is an Assistant Professor of

Psychology at Pomona College and on the Graduate

Faculty in Behavioral and Organizational Sciences at

Claremont Graduate University. He is the recipient of

the Morton Deutsch Award from the International

Society for Justice esearch. His research explores

how people navigate diverse environments, with a

particular focus on understanding how nonconscious

App. 15

biases impact communication, perception, motivation,

and nonverbal behavior.

Dr. Katherine W. Phillips is the Paul Calello Pro-

fessor of Leadership and Ethics in the Management

Division at Columbia Business School at Columbia

University. Dr. Phillips has published numerous

papers on the effects of diversity on work team pro-

cess and performance, including empirical work on

how diversity increases cognitive processing of infor-

mation and motivation.

Dr. Victoria C. Plaut is a Professor of Law and

Social Science and Affiliated Psychology Faculty at

the University of California, Berkeley. Dr. Plaut has

conducted extensive empirical research on diversity

and intergroup relations, including research on the

experiences of inclusion and psychological engage-

ment of both majority and underrepresented students

and employees.

Dr. Jennifer A. Richeson is the John D. & Cathe-

rine T. MacArthur Professor of Psychology at North-

western University, where she is also a Faculty

Fellow at the Institute for Policy Research and Pro-

fessor of African American Studies. She received a

Sc.B from Brown University, and a MA and Ph.D. in

social psychology from Harvard University. Professor

Richeson’s research examines psychological phenom-

ena related to cultural diversity. Her work generally

considers the ways in which socio-cultural group

memberships such as race, gender, and _ socio-

economic status shape the way people think, feel, and

App. 16

behave, especially during interactions with members

of different socio-cultural groups.

Dr. Denise Sekaquaptewa is a Professor and

Associate Chair of Psychology, and Associate Director

of the UM ADVANCE Program, at the University of

Michigan, Ann Arbor. Dr. Sekaquaptewa’s research

focuses on stereotyping, stereotype threat, solo sta-

tus, and their effects on test performance and aca-

demic motivation.

Dr. Stacey Sinclair is an Associate Professor of

Psychology and African American Studies at Prince-

ton University. Her research examines how interper-

sonal interactions amongst Whites serve as a vehicle

by which anti-Black prejudice and stereotypes are

transmitted and acted upon as well as how such

interactions can be used to reduce prejudice.

Dr. Samuel R. Sommers is an Associate Professor

of Psychology at Tufts University. An experimental

social psychologist, Dr. Sommers’ research examines

issues related to stereotyping, prejudice, and group

diversity. His scholarly work focuses on two often

overlapping topics: race and social perception, judg-

ment, and interaction; and the intersection of psy-

chology and law.

Dr. Sarah S. M. Townsend is an Assistant Professor

in the Department of Management and Organization

at the University of Southern California Marshall

School of Business. Her research examines psycholog-

ical and physiological responses to being the target of

prejudice and discrimination, and the factors that

App. 17

enable people to most effectively cope when they

encounter such attitudes and treatment.

Dr. Nellie Tran is a community psychologist and

Assistant Professor of Counseling & School Psycholo-

gy at San Diego State University. Dr. Tran’s research

focuses primarily on subtle forms of discrimination

within the educational setting and its impact on the

women and students of color’s psychological wellness,

academic performance, and the broader setting

climate.

Dr. Linda R. Tropp is Professor of Social Psychology

in the Department of Psychological and Brain Scienc-

es at the University of Massachusetts Amherst. Her

research concerns how members of different groups

approach and experience contact with each other, and

how group differences in status affect cross-group

relations. A Fellow of the American Psychological

Association, the Society of Experimental Social Psy-

chology, and the Society for the Psychological Study of

Social Issues, she is co-author of “When Groups Meet:

The Dynamics of Intergroup Contact” (2011), editor of

the “Oxford Handbook of Intergroup Conflict” (2012),

and co-editor of “Moving Beyond Prejudice Reduction:

Pathways to Positive Intergroup Relations” (2011).

Dr. Clara L. Wilkins is an Assistant Professor of

Psychology at Wesleyan University. Her research

examines prejudice, stereotyping, and intergroup

relations. She is particularly interested in under-

standing the causes and consequences of perceptions

of bias against high-status groups.

App. 18

Dr. Anita Williams Woolley is an organizational

psychologist and an Associate Professor of Organiza-

tional Behavior and Theory at the Tepper School of

Business at Carnegie Mellon University. Dr. Woolley

has published numerous papers in the area of team

collaboration and collective intelligence, and she has

investigated the features of groups, including their

cognitive diversity and gender composition, which

consistently lead to higher levels of performance,

creativity and learning.

Dr. Miguel Unzueta is an Associate Professor of

Management and Organizations at the UCLA Ander-

son School of Management. Dr. Unzueta’s research

explores how people understand their position within

social and interpersonal hierarchies and the impact

this understanding has on their perceptions of self,

others, and group-based inequality. His latest re-

search explores the manner in which people define

diversity and the impact that particular diversity

definitions have on the representation of racial mi-

norities in organizations.

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