Senior Lawyers: I'm sharing a note that Diane Marian in our office sent out to the Institutional Research list serve earlier today. You'll see that these comments track our August 2023 Directives. I am writing to each of you for your awareness. Thank you.

Andrew Tripp

From: Diane E. Marian demarian@northcarolina.edu Sent: Monday, October 16, 2023 2:48 PM To: 'unc-ir@lists.northcarolina.edu' unc-ir@lists.northcarolina.edu Cc: Andrew T Tripp attripp@northcarolina.edu; Michael R. Delafield mrdelafield@northcarolina.edu Subject: IR Follow Up - Collecting race information on admissions applications

Hi Everyone,

I appreciated the robust discussion we had on the system-wide IR call last Tuesday about collecting race/ethnicity information on applications. I've conferred with our Division of Legal Affairs and I wanted to share some updates with you:

* For the upcoming admissions cycle, meaning applications for entrance in 2024 terms, you must ensure that personnel reviewing applications and making admissions decisions do not have access to any race/ethnicity information about applicants. This advice was included in the August 2023 Directiveshttps://www.northcarolina.edu/wp-content/uploads/reports-and-documents/legal/unc-system-office-directives-regarding-implementation-of-students-for-fair-admissions-decision.pdf circulated by our Division of Legal Affairs.

* In some cases it may be possible to remove the question from applications and avoid collecting the information entirely, but given the timing of the admissions cycle you may not be able to make a change to the admission application. If you cannot avoid collecting the information entirely as part of the admissions process, then access to the information must be restricted. Some have referred to this approach as "firewalling data". It is recommended that the restriction be implemented in such a way that you are able to demonstrate that those making admissions decisions don't have access to race/ethnicity information.

* The ultimate goal is to remove the question from the admission application altogether so that no UNC System campuses are collecting race/ethnicity information at the application stage.

* We understand that there may be variance across the System in interpretation of the directives and approaches to making changes to the admissions application process. You should work with your General Counsel to understand the approach at your institution. If you believe that you have identified any legal or compliance-related reasons why race/ethnicity data must be collected at the application stage, you are encouraged to discuss that with your General Counsel as well. And encourage him or her to feel free to reach out to our Division of Legal Affairs - many campuses are already doing this.

* The Student Data Mart (SDM) team at the System Office is exploring options to make certain the SDM can accommodate applications without race/ethnicity data and still comply with federal reporting obligations as to enrollees. We will keep you updated on our progress and approach.

Thank you for your attention to this important matter, Diane

Diane E. Marian, PhD Vice President for Enterprise Data and Chief Data Officer The University of North Carolina System (919) 843-8613 | demarian@northcarolina.edumailto:demarian@northcarolina.edu

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