Some answers to questions on I-200 impact

Q: What will the passage of Initiative 200 mean for the University? When will the new law take effect?

A: Initiative 200 will become law thirty days after its passage, on December 3, 1998. The most immediate impact will be that the University will suspend the use of race and sex as factors in admissions decisions to all University schools and colleges, undergraduate, graduate and professional. This includes admissions to the University as well as admission within the University to majors and programs.

Q: What about other programs at the University, like those that do not involve a decision on admissions but which reach out to encourage and support minority students and women? How will they be affected?

A: It is not clear what the status of such programs will be under the provisions of Initiative 200. Some may be prohibited; others may not. It will take time to sort through the various outreach and support programs and assess their status under the law. A committee is already at work on this. Until the status of such programs is clarified, faculty and staff should continue to conduct business as usual.

Q: What if I have a specific question about an activity? Where can I go for assistance?

A: Inquiries should be addressed to your respective dean or vice president. If necessary, deans and vice presidents will forward the question to Helen Remick, Assistant Provost for Equal Opportunity, or to the attorney general’s office. Every effort will be made to respond to inquiries in a timely manner.

Q: How will the Initiative affect employment and hiring decisions? What if we are in the recruiting process right now?

A: As a recipient of federal funds, and in order to maintain eligibility for future funding, the UW has an obligation to have in place an affirmative action program in employment for Blacks, Hispanics, American Indians, Asians, and women. The plan includes outreach efforts, goal-setting, and analysis of many aspects of employment. Section 6 of the Initiative acknowledges that actions required to establish or maintain eligibility for federal programs where ineligibility would result in a loss of federal funds to the state are not prohibited. Thus, the University’s affirmative action efforts in employment will continue. To accomplish the goals of the plan, affirmative action efforts in recruitment are necessary. Departments and units in the process of recruiting faculty and staff for employment at the University should continue to act affirmatively in ensuring a diverse pool of candidates for positions and selecting the person who best meets departmental needs.

Q: Does this mean the University will continue to describe itself as “an Affirmative Action/Equal Opportunity Employer?”

A: Because we are a recipient of federal funds and are obligated to have an affirmative action plan, the University will continue rightly to describe itself as an affirmative action/equal opportunity employer.

Q. What about purchasing and contracting and the effects on the state’s Minority and Women Business Enterprises program?

A: The University administers this program in accordance with guidelines of the state Office of Minority and Women’s Business Enterprises. For example, points are awarded to minority and women-owned businesses in competitive purchasing bids. It is assumed this program will be questioned. The University will await direction from the state Office of Minority and Women’s Business Enterprises before making any changes and will be guided by the instructions we receive.

Q: What about scholarships or fellowships donated to the university for use for members of a specific race, ethnic group, or gender? What will happen to these?

A. The University has some scholarships and fellowships in which the donor has expressed a desire to enhance the diversity of the student population, without a directive that the gift be used for a specific race or gender. However, some older scholarship and fellowship agreements do contain designations for use to support a specific racial or ethnic group, or women. As with other programs, the University will be evaluating the status of its all of its scholarship and fellowship agreements and structuring existing and new ones to be in full compliance with Initiative 200.

Q. If I am asked to comment publicly about what the University is doing in the aftermath of the Initiative’s passage, how shall I respond?

A. Along the lines of the answers provided here, or you may refer the inquiry to the Office of the Vice President for Student Affairs or to University Relations. The University is suspending the use of race and sex as factors in admissions; with regard to the status of various activities and programs that support racial minorities and women, the University is undertaking a thorough and comprehensive assessment of the Initiative’s impact. We are continuing to administer these programs until their status under the Initiative is clarified.

Q: Unlike Proposition 209 in California, which amended the state constitution, Initiative 200 is only a statute and may conflict with other existing state statutes or with federal law. How will these potential conflicts be resolved, and what does this mean for University behavior?

A: These are complex issues, and some conflicts may emerge as the statute is actually implemented. The courts likely will be asked to opine on these matters, and resolution of the issues will not be final until the courts have done their work. This may take several years. The University will take the steps it believes are necessary to be in compliance with the law. We will seek advice and counsel from the state attorney general.

Q: Is the reach of the Initiative retroactive? Is there any grandfathering provision for existing programs?

A: There is no explicit grandfathering provision. The Initiative becomes law on Dec. 3. Prospective activity prohibited by the Initiative must cease. However, because there are a number of legal questions regarding the status of other state and federal laws with regard to the Initiative, it may take some time to sort through the myriad programs and activities of the University to determine what to do. For example, what is the status of existing contracts executed under the state’s Minority and Women Business Enterprise program? This analysis is already under way and as the picture clarifies, information will be disseminated to the campus. All programs and activities relating specifically to minorities and women must of necessity be evaluated under the new law. ¶