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During the U.S. attorneys' office press conference, Andrew Lelling said, "We're not talking about donating a building so that a school is more likely to take your son or daughter. We're talking about deception and fraud."

However, are schools really allowed to give some students preferential treatment if their family made significant donations to the university?

user27343
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  • No, they are not allowed, as that defeats the purpose of certifying students' learning & aptitude (in the case of public universities, preferential treatment might further have constitutional implications). That being said, your question as it is right now is likely to get downvoted or VTC as off-topic (I'm not doing that, though) because it does not seem to be a question about law. – Iñaki Viggers Mar 16 '19 at 10:36
  • @IñakiViggers how is "are schools allowed..." not a question about law? What prohibits schools from giving preferential treatment to large donors or their family members? – phoog Mar 16 '19 at 11:26
  • There are many laws and precedents related to college admissions. And I just read they do allocate spots for legacy students or major donors under “institutional obligations.” I feel like this violates the civil rights act. – user27343 Mar 16 '19 at 11:28
  • @phoog I was thinking from the angle of "Are parents allowed to give any sibling preferential treatment?" not being a question about law despite the detrimental effects from inept discretionary policies as to educating or certifying a student or child, accordingly. But I am glad to see that so far downvoters are applying self-restrain this time. Even if there is no statutory prohibition of preferential treatment to large donors, the value and prestige of pursuing & earning a degree in those schools drops if others can get room and/or diploma essentially by means of bribery. – Iñaki Viggers Mar 16 '19 at 17:57
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    @user27343 The Civil Rights Act sanctions discrimination on the bases of race/ethnicity, sexual preferences, gender, and few other categories, but it does not encompass economic status. – Iñaki Viggers Mar 16 '19 at 18:00

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A private college or university is allowed to grant preferential treatment to anyone they please, except for oen of the reasons prohibited by relevant anti-discrimination law. Such laws vary by state, but generally prohibit preferences based on race, national origin, or gender. Some also include sexual preference or other categories. But I have never heard of a law preventing discrimination based on wealth, or specific donations. None of the Federal civil rights acts have such a provision.

Preferences for so-called "legacy" students -- that is students whose parent or parents (or possibly more remote ancestors) are alumni of the school are common, and I am not aware of any case in which they have been seriously challenged as unlawful discrimination. Preferences for military veterans are also common, and may be mandated for public schools.

For public schools justifying discrimination might be harder, and any relevant legislative polices will need to be considered, but even they can be free to make "rational" distinctions at least.

Not all discrimination is unlawful discrimination -- far from it.

David Siegel
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  • Thanks. I hope one-day college admissions are based on merit alone. – user27343 Mar 16 '19 at 18:57
  • Interesting I wonder if there is a race discrimination case to brought on the practise of legacy students? (In that, historically, students would have been predominantly white, so preferring legacy students is indirect discrimination.) – Martin Bonner supports Monica Mar 18 '19 at 14:20