
How to Read a Memo
By now, the memo from the attorney general’s office outlining the administration’s interpretation of civil rights laws as they apply to higher education has made the rounds.
It took me back to my grad school days. I took a seminar in literary theory—the ’90s were a different time—and remember being struck particularly by reader-response theory. As I understood it, it argued that the meaning of a text is determined by the reader rather than the writer. Meanings aren’t as random as that might make it sound; “interpretive communities” take shape around a host of sociological, as well as personal, variables. In other words, we learn how to interpret texts partially by modeling on how people around us do. The same text can be read differently depending on your social location.
I’ve had personal experience of that in rewatching beloved movies or rereading beloved books from my teen years. In high school, Revenge of the Nerds struck me as funny and refreshing. As an adult, I can’t get past its sexism. The movie hasn’t changed, but I have.
The assumptions that different interpretive communities make aren’t always conscious. They don’t work like geometric proofs. In my experience, the most frustrating conflicts happen when different unconscious assumptions (or givens) crash into each other. Having to defend something you take as obviously true feels like either a complete dismissal or a slap in the face; it quickly moves discussion from reasoned disagreement to exasperated incomprehension. (“How can you possibly say that?”)
If you don’t recognize when those assumptions clash, it’s easy to get stuck in cycles of verbal shadowboxing. Is someone arguing against single-payer health insurance because they believe that a regulated market system would be more efficient? If so, a reasoned discussion may be worthwhile. Or are they arguing against it because they believe that poor people deserve to die? In that case, arguments around relative efficiency are pointless. Some folks are skilled at disingenuously using reasonable-sounding arguments to defend horrific assumptions; the tip-off is when they switch from one argument to a contradictory one as soon as they start to lose. The sooner you detect that move, the more time and emotional energy you can save.
The AG’s memo offers a glimpse into the unconscious (or at least unspoken) assumptions animating the administration.
Take, for instance, the assertion that “geographic or institutional targeting” is a proxy for discrimination. The only way that can make sense is if you assume the colleges and universities they had in mind are private ones that draw students from around the country. In the case of community colleges, most have a geographic boundary in their name and/or a defined service district. Monroe Community College, in Rochester, N.Y., is defined by its location in Monroe County. It gives a discount—economists call that price discrimination—to residents of its county. Students from out of county pay more.
And that’s not unique to MCC; it’s the way most community colleges work. Even those that don’t have out-of-county or out-of-district price premiums usually have out-of-state premiums. The same is true of most public universities. I’ve personally had the experience of paying out-of-state tuition for two kids at public universities; it’s not fun. Is that illegal now? If so, I’ll apply for a refund from the Universities of Virginia and Maryland, posthaste.
Of course, the vast majority of colleges and universities draw overwhelmingly from their own state. That’s a direct version of geographic targeting. A national higher ed policy based on the presumption that geographic targeting is the problem simply ignores the vast majority of the sector.
The issues are also more granular than that. The memo ignores scholarships offered by donors for graduates of particular high schools. Are those illegal now? Private donors frequently favor graduates of their own high schools, or people from the towns in which they grew up. Do we have to turn those donors away now? Or only if the towns in which they grew up are too diverse? Are sports scholarships only OK if they don’t draw too diverse a group of students? If so, then sailing is fine and basketball is suspect. Hmm. I think there’s a word for that.
I imagine the answer the attorney general would offer would be something like “as long as geographic preferences aren’t about increasing diversity, they’re OK.” But that presumes a lot. For example, New York City is more diverse than, well, just about anywhere; if a struggling small college on Long Island starts recruiting aggressively in New York City, is that about diversity or about enrollment? And how do you know?
Discerning institutional intent isn’t straightforward. Mixed motives are entirely normal. For example, is the movement to improve graduation rates meant to help students, budgets or institutions’ public images? The answer is all of the above. Is making colleges more inclusive of people of different backgrounds for the benefit of the newly included, the folks already there or institutional budgets? Again, yes.
A serious discussion would look less at intentions and more at incentives. If decades of public disinvestment force public institutions to behave more like private ones, basing more of their budgets on tuition, then we shouldn’t be surprised to see them compete for students. They’ll do what they have to do. If we want colleges to stop competing for students, we should insulate them from the economic need to do so. It has been done before.
The universe assumed in the memo tells us a lot about the people behind it. It presumes a world in which economic issues don’t matter, intentions are obvious, people have only one motive at a time and elite institutions constitute the entire industry. It reflects the kid who thought Revenge of the Nerds was a breath of fresh air. But that kid eventually grew up and learned that there was more to the world than was dreamt of in his philosophy. The word for that process is education.
Source link