Protecting Diversity in Higher Education:
Lawful Strategies That Colleges Should Take Now
There continue to be lawful pathways available to colleges and universities to promote diversity, expand opportunity, and create inclusive campus environments.
Despite recent attacks on diversity initiatives and misleading federal guidance, institutions still have legally permissible options to ensure that students from all backgrounds can access higher education and thrive on campus once they arrive.
The Lawyers’ Committee for Civil Rights Under Law outlines lawful strategies that institutions can implement now.
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Why This Matters Now
Following the Supreme Court’s decision in Students for Fair Admissions v. Harvard, recent statements by the administration, and purported guidance from the Departments of Education and Justice, many colleges and universities face confusion about what is still legally permissible when it comes to diversity efforts at their institution.
But agency memos do not rewrite civil rights law.
Colleges and universities still have lawful options, and an obligation to their communities, to:
- Remove structural barriers to access to education
- Evaluate candidates holistically
- Strengthen outreach to underrepresented student groups
- Make college more affordable
- Audit their policies and programming for hidden barriers to equal access
- Improve campus inclusion
- Protect students from discrimination
- Expand educational opportunity
This resource helps institutions understand what the law says—and what it does not say – about promoting and protecting diversity on campus.
The 7 Lawful Strategies Colleges Can Implement Now
Legacy admissions continue to disproportionately benefit wealthy and overwhelmingly white applicants. When schools utilize these policies, research shows that less students of color gain admission than they otherwise would.
Schools that still consider legacy status should reconsider whether these policies align with their equity and access goals.
What institutions can do:
- End legacy admissions policies.
- Eliminate donor preference admissions.
Test scores often reflect access to wealth-based preparation resources—not student potential.
What institutions can do:
- Give weight to a range of admissions criteria.
- Deemphasize metrics that are more reflective of parental income than intellect.
- Evaluate academic achievement in context.
- Spearhead programs that make test prep resources more widely available to low-income communities.
Students are still allowed to discuss their race, identity, discrimination, and personal experiences in their admissions essays.
Institutions can evaluate those experiences as part of understanding the whole applicant and evaluating personal qualities like courage, determination, and commitment to particular goals.
What institutions can do:
- Clarify essay guidance so that students do not self-censor themselves.
- Ensure applicants feel empowered to tell their full story.
- Train admissions teams with specificity regarding how to evaluate student essays in accordance with the law.
Schools can legally utilize targeted recruitment strategies to increase the number of students from underserved communities that apply for admission. This does not give these students any advantage in the admissions process itself; rather, it increases the odds that they apply for consideration.
Examples include:
- Investing in pre-college prep programs like summer bridge.
- Expanding mentorship programs between alumni of color and prospective students.
- Conducting increased outreach to rural areas.
- Focusing on first-generation student recruitment.
- Streamlining community college transfer pathways.
Cost remains one of the largest barriers to broadening access to higher education. Bringing down the price of education is crucial to promote diversity on campus.
Institutions should consider:
- Eliminating application fees for all applicants.
- Increasing their financial aid budget.
- Expanding scholarships.
Institutions need strong data to better understand the systemic barriers that inform their applicant pool, admissions trends, enrollment rates, and retention success.
Institutions should track:
- Applicant demographics, including race, geography, and parental college attainment.
- Admissions data, including legacy and donor status.
- Enrollment trends.
- Retention rates for students, including those who are parents, veterans, commuters, or who are differently abled.
What institutions can do:
- Support affinity groups organized around shared identity that are open to all interested students.
- Support academic departments and curricula that foreground the experiences of racial and ethnic groups, such as African American Studies, Asian American Studies, and more.
- Enforce strong anti-harassment policies.
- Invest in retention programming.
Related Resources:
- Foundational Values for Higher Education
- Correcting the Record on Affinity Groups
- Correcting the Record: College Essays Can and Should Help Schools See the Whole Student
- Title VI FAQ
- Racial Equity in Higher Education Principles
- Student Organizing Resources
Who This Resource Is For
College & University Leaders
Presidents, provosts, recruitment staff, admissions teams, student affairs professionals, and legal counsel who care about protecting and promoting diversity on campus.
Students & Families
Prospective students, applicants, enrolled students, alumni, and their families who want to understand their legal rights and opportunities for inclusive education.
Advocates & Community Organizations
Education advocates, non-profits, and organizers who support equitable access to education.
Journalists & Researchers
Academics, reporters, and more who want to better understand the legal landscape at the intersection of diversity and higher education.
Frequently Asked Questions
Q. Is work to promote diversity on college campuses still legal?
A. Yes. Many diversity-focused efforts remain lawful.
Q. Can students still discuss their race in admissions essays?
A. Yes.
Q. Are affinity groups legal?
A. Yes—when open to all interested students who wish to participate.
Q. Can schools recruit students from underserved communities and encourage them to apply?
A. Yes.
Q. Does ending legacy and donor admissions policies support diversity on college campuses?
A. Yes. The use of these policies generally results in fewer students of color gaining admission than they otherwise would. Eliminating legacy and donor admissions supports a merit-based approach to admissions.
