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

Slides (Erica)

Pdf Summary

The document provided addresses the complex landscape surrounding program compliance for student and alumni communities in relation to race in admissions and diversity, equity, and inclusion (DEI) initiatives. Key points include highlighted challenges following the Students for Fair Admissions (SFFA) cases, particularly regarding the rejection of race-based considerations purely for their own sake in college admissions. The document discusses “zero-sum” admissions, where benefits to certain groups inherently disadvantage others, and scrutinizes the use of DEI programs as evidence of discrimination.<br /><br />Following the SFFA decisions, there has been a notable increase in litigation attacking DEI initiatives, including direct challenges to admissions programs at higher education institutions and race-neutral criteria in primary and secondary education. Specific cases mentioned involve institutions like West Point, the U.S. Naval Academy, and the University of California, among others.<br /><br />Executive orders from the Trump administration further complicate this landscape by discouraging DEI efforts, emphasizing merit-based opportunities, and directing agencies to combat “illegal” DEI practices. The Department of Education has issued guidance to ensure compliance with the SFFA's interpretations, highlighting that educational institutions must not factor race into decisions involving admissions and other critical areas.<br /><br />Investigations and complaints, particularly concerning racially based scholarships and partnerships, have surged, with the Department of Education and other agencies focusing scrutiny on these practices. This indicates an increased regulatory and litigious environment for educational institutions navigating race and DEI-related policies.

Keywords

program compliance

race in admissions

diversity equity inclusion

Students for Fair Admissions

zero-sum admissions

DEI litigation

race-neutral criteria

executive orders

Department of Education

regulatory environment