August 17, 2023
Guidance on College Admissions Released
Responding to the Supreme Court’s decision to strike down race-conscious admissions programs at both Harvard University and the University of North Carolina, the Department of Education released two guidance documents – a letter and a Q&A – to help colleges and universities understand new legal restrictions on admissions practices as they seek to build diverse classes of students. The guidance provides insight into the practices that remain legally permissible on campus.
At the outset, the Department emphasizes that nothing in the Court’s decision limits the ability of an institution to continue to pursue a diverse student body or to assess applicants’ experiences and attributes, including those related to race. Such experiences and attributes may include socioeconomic status, information about an applicant’s neighborhood or high school, family background, parental education level, and experiences related to adversity. According to the guidance:
[I]nstitutions of higher education remain free to consider any quality or characteristic of a student that bears on the institution’s admission decision, such as courage, motivation, or determination, even if the student’s application ties that characteristic to their lived experience with race—provided that any benefit is tied to “that student’s” characteristics, and that the student is “treated based on his or her experiences as an individual[,]” and “not on the basis of race.”
The guidance identifies a variety of activities that remain legally permissible. For example:
The guidance also encourages colleges and universities to review admissions policies and practices to remove barriers for disadvantaged students, such as preferences based on legacy or donor status, application fees, standardized testing requirements, pre-requisite requirements, or early decision. In addition, the guidance notes that the Court’s decision does not limit an institution’s ability to use admissions strategies that rely on race-neutral criteria, nor does it preclude an institution from supporting racial diversity on campus via support clubs, activities, affinity groups, and diversity offices, so long as those activities and services are open to all students regardless of race.
At the outset, the Department emphasizes that nothing in the Court’s decision limits the ability of an institution to continue to pursue a diverse student body or to assess applicants’ experiences and attributes, including those related to race. Such experiences and attributes may include socioeconomic status, information about an applicant’s neighborhood or high school, family background, parental education level, and experiences related to adversity. According to the guidance:
[I]nstitutions of higher education remain free to consider any quality or characteristic of a student that bears on the institution’s admission decision, such as courage, motivation, or determination, even if the student’s application ties that characteristic to their lived experience with race—provided that any benefit is tied to “that student’s” characteristics, and that the student is “treated based on his or her experiences as an individual[,]” and “not on the basis of race.”
The guidance identifies a variety of activities that remain legally permissible. For example:
- Targeted outreach and recruitment are generally acceptable methods of increasing the diversity of the applicant pool, so long as all students are provided the same opportunity to compete for admissions.
- Pipeline or pathway programs that help expand the pool of college-ready students are permissible, and students who participate in such programs may be given preference in the admissions process so long as eligibility for such programs is based on neutral factors other than race.
- Institutions are permitted to continue to collect demographic information about students, provided that such information is not used to influence admissions decisions.
The guidance also encourages colleges and universities to review admissions policies and practices to remove barriers for disadvantaged students, such as preferences based on legacy or donor status, application fees, standardized testing requirements, pre-requisite requirements, or early decision. In addition, the guidance notes that the Court’s decision does not limit an institution’s ability to use admissions strategies that rely on race-neutral criteria, nor does it preclude an institution from supporting racial diversity on campus via support clubs, activities, affinity groups, and diversity offices, so long as those activities and services are open to all students regardless of race.
For more information, please contact:
Jody Feder