Transparency at Colleges and Universities

Phi Beta Cons have had a couple of posts today regarding transparency of finances and adminissions practices at our institutions of higher learning. Phi Beta Cons on National Review Online. For public universities, the disclosure could be better, but they are subject to some disclosure already. On the issue of admissions, Roger Clegg says:

In addition to greater financial transparency, how about requiring colleges and universities to make public if they are using racial and ethnic admission preferences-and, if so, that they meet the legal constraints the Supreme Court has put on such discrimination?

Here's a question, why not simply assume they are using racial/ethnic preferences and ask for proof that they are not?