Laws and court precedent on student rights in recruitment

Right to protection from sex discrimination in admissions Title IX of the 1972 Higher Education Act Amendments[44] protect all sexes from pre-admission inquiries with regard to pregnancy, parental status, family or marital status. It can be seen that this act also protects against such inquiry regarding inter-sexed, transsexual, transgender or androgynous individuals. Right to protection from ability discrimination in admissions The 1990 Americans With Disabilities Act (ADA)[45] and Section 504 of the 1973 Rehabilitation Act.[46] This includes ability discrimination in admissions. Individuals designated with a disability by a medical professional, legally recognized with a disability[36][26][39] and deemed otherwise qualified are entitled to equal treatment and reasonable accommodations in both educational and employment related activities.[40][41] The Supreme Court defined Otherwise qualified as an individual who can perform the required tasks in spite of rather than except for their disability.[42][43] Right to protection from racial discrimination in admissions Individuals may not be discriminated against on the basis of their color in either undergraduate or graduate school admissions.[47][48] Right to testing in admissions accommodations Protection from discrimination in admissions [42][49] entails that students receive accommodations required to prove they are otherwise qualified, protection from unfair testing practices, testing accommodations for speech, manual and hearing disabilities and access to alternative testing offered in accessible facilities. Alternative testing must also be offered as frequently as are standard tests.[50] Where no alternative testing exists, institutions, however, are not responsible for accommodations.[50][51] Right to protection from sex discrimination in admissions testing Educational tests which are biased in favor of one gender, may not be relied upon as the sole source of information decision making.[36][52] Right to protection from racially segregating testing olicies Students Equality entails that individuals not be treated differently by individuals or systematically by an institution. Thus, testing policies which systematically discriminate, are unlawful according to the constitution. United States v. Fordice (1992),[53] prohibited the use of ACT scores in Mississippi admissions, for instance, because the gap between ACT scores of white and black student was greater than the GPA gap which was not considered at all.[36] Right to race conscious affirmative action in admissions to correct for discrimination When a school has engaged in racial discrimination in the past they are required by law to take race conscious affirmative action to correct it.[36][54][55][56] Right to protection from reverse discrimination Likewise, white students are protected from racial discrimination at historic minority institutions.[36][57][58] Racial equality calls for the equal treatment of all individuals; it does not permit, however, lower admissions test requirements[47][59] or subjective judgments for racial minorities when there are objective standards in place for all applicants.[47][60] Right to protection from subjective interviews There may be no segregation in the admissions process including subjective interviews[35][54][61][62][63] when there are objective standards in place for all applicants.[47][60] Right to protection from differential testing requirements Students are protected from the use of lower admissions test scores.[36][59] Right to protection from admissions quotas based on demographics Students are protected from the use of quotas which set aside seats for certain demographics.[47][54][64][65][62][63] Right to adherence to registration materials Students are protected from deviation from information advertized in registration materials.[36][66] This may be a binding implied-n-fact contract. Goodman v. President and Trustees of Bowdoin College (2001),[17] has ruled that institutional documents are still contractual regardless if they have a disclaimer.

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