Is That Legal? Navigating Program Compliance for Student and Alumni Communities-Slides (Erica)

Slides (Erica)

Pdf Summary

The document outlines a legal landscape focusing on the compliance of diversity, equity, and inclusion (DEI) programs within educational institutions, discussing the implications of Students for Fair Admissions (SFFA) litigation and subsequent legal challenges. It highlights the key language that refutes the consideration of race solely for its own sake, arguing it conflicts with the Equal Protection Clause. The document also notes that college admissions function as a zero-sum game, suggesting that benefits to certain applicants inherently impose disadvantages on others.<br /><br />The document further describes the legal proliferation against DEI initiatives, categorized into three major litigation types: using DEI programs as evidence of discrimination, direct challenges to these programs, and attacks on race-neutral criteria. It lists several lawsuits post-SFFA, targeting both admissions and financial aid systems perceived as racially discriminatory, such as cases against institutions like West Point, the Naval Academy, and the University of Oklahoma.<br /><br />Additionally, it addresses the evolving policy landscape under the Trump administration, with executive orders discouraging DEI in the private sector and education by highlighting "race- and sex-based preferences." The Department of Education's Dear Colleague letters emphasize that educational institutions violating the law if they treat individuals differently based on race. It mandates that race should not play a role in decisions about admissions and related areas. The Office for Civil Rights (OCR) has initiated multiple investigations against universities and other educational entities for allegedly engaging in impermissible race-based practices, emphasizing the federal agencies' expanded oversight and auditing efforts relating to civil rights compliance.

Keywords

legal landscape

diversity equity inclusion

DEI compliance

Students for Fair Admissions

Equal Protection Clause

college admissions

race-neutral criteria

Trump administration

Office for Civil Rights

civil rights compliance