College sophomore James Dunning III was a B+ average student, chairman of the student council, captain of the varsity baseball team and even a member of a modern dance troupe at his prestigious Massachusetts boarding school.
He is also the son of James Dunning Jr., a 1970 Penn graduate whose large donation to the University gave rise to the Dunning Coaches Center building at Franklin Field.
The only difference between him and other students applying early decision, Dunning said, "is that I checked a box saying my dad went here."
In light of the debate over the validity of affirmative action, some are pointing fingers at other special admission qualifications, especially legacy.
Of 447 legacy early decision applications this year for the Class of 2007, 212 -- or roughly 47 percent -- were accepted. This compares to a 33.1 percent overall early decision rate.
Wharton sophomore Yewande Fapohunda, president of the Black Student League and a firm supporter of affirmative action, stated that the high number of legacy admissions is troubling given the number of minority students per class.
Indeed, looking at the numbers for the Class of 2006, Fapohunda noted that both race and legacy are considered factors.
"There are only 144 blacks, or 5.9 percent, and 166 Latinos, or [6.7] percent" in the Class of 2006, she said, while 13.6 percent has legacy status.
"So which is a bigger factor?" she asked. "You tell me."
According to President Judith Rodin, while the University practices both affirmative action and legacy admissions, there is no point system akin to that of the University of Michigan, which is currently being litigated at the Supreme Court.
Preference for legacy admissions at Penn began in 1967 after a special committee of the University Board of Trustees issued a report recommending the acceptance of more legacy students, said Jason Horger, interim director of the Alumni Council on Admissions.
"It put in place the general principles for all the admission policies at Penn," he said.
Legacy applicants were given an "extra edge" during the early decision process.
According to Horger, the Alumni Relations Office provides continuing support and "extra attention" for legacy applicants throughout the early decision admissions process, setting up interviews, conducting a second read of the application and weighing in during admission discussions of legacy applications.
The University also has special recruiting and events for minority students as well.
"We are looking for a class that will enhance the school... and that reflects the breadth and depth of society... that includes people with a vast array of talents and abilities," Rodin said. "Clearly race, particularly of underrepresented minorities, is one of the issues that is looked at in the class construction."
According to Latino Coalition spokesman and College junior Nicolas Rodriquez, legacy is a type of affirmative action. The difference between the two is that "legacy isn't talked about, while affirmative action is," he said.
"I question anyone who questions affirmative action if they don't question admissions for legacy and sports," Rodriquez said.
Furthermore, "most legacies come from an upper-middle-class background -- they have lived in a world where they can go to well-funded schools -- their advantage already exists," he said. Race, on the other hand, "is generally correlated with socioeconomic disparity."
While an advocate of affirmative action, Engineering senior and Asian Pacific Student Coalition President Julia Lee believes that legacy admissions should be eliminated.
"I do not believe being a legacy contributes in any way to a person's qualifications," she said.
While she acknowledges that legacy can be viewed as a kind of affirmative action, she does not view them as comparable.
"Race-based affirmative action exists to correct both historical injustices and current institutionalized racism that exists in society," she said. "The legacy system does nothing of this sort and only encourages nepotism."
"There is nothing that merits legacy status, while race-based affirmative action promotes diversity," Lee added.
Horger disagreed.
"It is important to have legacy status to bring a sense of history and place to Penn," he said, adding that "these kids are qualified by any means."
College freshman Lindsay Weber agreed. While she is a legacy, Weber did not apply early and was told by her alumni interviewer that her legacy status would most likely not play a role in her admission.
Nevertheless, Weber sees benefits to legacy admission. In her mind, legacy is just as valid as race-based affirmative action.
"Legacy shouldn't be the only factor in admission, rather an extra bonus in addition to strong academic qualifications," she said.
Just as diversity is considered a desirable trait, Weber stated, so too is a strong alumni base.
"It's important to acknowledge someone as a legacy, but it shouldn't take precedence over other factors," Weber said. "It's important to keep a strong alumni tradition and so, legacy should be looked at like an extracurricular activity."
As Dunning explained, Penn "took a chance in accepting my dad, who wasn't a legacy," and based on his father's success, "they consider me a good investment... and gave me a deeper look."
Furthermore, "legacy, like race, is something you're born with," he said. "It's not something you earn, rather something that can be used as a stepping stool."
And, just as affirmative action carries with it a stigma of non-academically qualified admission, so too does legacy.
"When you tell someone you're a legacy, their immediate reaction is you don't deserve to be here," Dunning said. "It's always something in the back of my head."
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