Threatening legal or legislative intervention, Rep. Steve Nass, R-Whitewater, is calling on the University of Wisconsin System Board of Regents to cut the consideration of race from its revised admissions policy.

In a letter to Regent President David Walsh dated Feb. 5, Nass, who chairs the Assembly Committee on Colleges and Universities, said he would request an opinion from the Wisconsin attorney general on whether race or ethnic-based admissions policies violate state law.

Nass spokesperson Mike Mikalsen added the legislator is willing to introduce statutory or constitutional amendments that would prohibit the regents from using race or ethnicity in the admissions process at UW System schools.

"At this point, we have no reason to believe that they are going to change the [race] policy," Mikalsen said. "Still, we are hopeful the UW regents will see the light."

UW System spokesperson David Giroux said the regents plan to discuss the admissions policy again this month and would consult with legal experts to verify its constitutionality.

"Of course we're not going to adopt a policy that violates the law," Giroux added.

The Wisconsin statute in question states, "No sectarian or partisan tests or any tests based upon race, religion, national origin of U.S. citizens or sex shall ever be allowed in the admission of students thereto."

"We think they're trying to get around this without much discussion," Mikalsen said. "They have not been willing to make changes."

Giroux, however, said the regents have been open to changing the policy's language, noting the first version of the updated admissions policy is significantly different than the current draft.

"The policy first came forward in December," Giroux said. "We've already made changes to the language based on some [concerns] back then."

In addition to the removal of any race-based admissions criteria, Nass also called for several language changes, which Mikalsen said would strengthen the document's "legalistic meaning."

For example, Nass said academics should be given "greatest weight" not "greatest consideration." Mikalsen said "weight" is a legal term that would prevent admissions officials from merely "considering" an applicant's academic qualifications.

"We believe that would have significant meaning," Mikalsen said. "If those changes are not made … then yes, you can expect additional action."

In the letter, Nass also recommended the regents further define or remove "socio-economically disadvantaged" and "sound educational judgment" from their proposed policy.

Giroux said the new admissions policy is meant to update old language and revise current policies. The current draft includes a provision that requires the board to review the policy every five years.

If passed, the new policy will provide "minimum requirements for freshman admissions and broad criteria for evaluating qualified applicants through a comprehensive, individualized review process" at all UW System schools. UW System schools may choose to implement additional requirements.