The recent “Dear Colleague” letter from the U.S. Department of Education’s Office for Civil Rights has caused widespread concern in higher education. With decades of experience in admissions and higher education leadership, I have been supporting clients for the last several years in states that have enacted strict laws prior to this letter. Institutions must continue to navigate the shifting landscape of diversity, equity, and inclusion (DEI) efforts while ensuring compliance with federal regulations. Based on my experience, here are some key strategies for responding effectively to these challenges:
- Take a Moment – Feel whatever you need to feel and share with colleagues. Even though I am a consultant/coach, these times make me feel like a therapist and are trying for us all.
- Review Existing Policies – Review your DEI programs, scholarships, and student support initiatives to ensure they align with the latest legal guidance. In most cases, schools have already responded to the Supreme Court decision with admissions policies and procedures that would comply with the letter.
- Strengthen Race-Neutral Strategies – Many schools have already moved beyond race-conscious admissions practices. Now is the time to refine holistic review processes, expand socioeconomic-based support programs, and enhance outreach to underrepresented students through race-neutral means. I recommend using high school zip code as a race neutral alternative.
- Prioritize Student Support – Retention and student success programs are critical. Reinforce mentoring, academic support, and career readiness initiatives that benefit all students while maintaining a commitment to belonging. Be sure programs are named generically “for all identities.”
- Engage Your General Counsel’s Office – Given the evolving nature of federal guidance, staying informed and seeking expert advice is crucial. Your general counsel will always prefer that you reach out to them rather than interpret the implications on your own.
- Foster Institutional Collaboration – While budgets may be tight, now is the right time to attend conferences and learn from each other. Sharing best practices and listening to each other’s challenges will help.
While the regulatory environment is shifting, the commitment to creating equitable and inclusive educational spaces must remain strong. Enrolling and supporting students is hard but important work.
If you would like any additional ideas, I’m happy to talk.
Sara Neher,
Partner and Strategy & Operations Services Practice Leader