DEI Program Reductions in Higher Ed: Navigating a Changing Landscape
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In late June of 2023, the Supreme Court ruled in favor of Students for Fair Admissions in cases against Harvard University and University of North Carolina. The Court found that race-conscious admissions programs at the two universities were unconstitutional.
The decision effectively ended the consideration of race as a factor in college admissions across the United States, overturning decades of precedent that had allowed universities to consider race in their admissions process to promote diversity.
The ruling sent ripples through the higher education world, leaving colleges and universities grappling with unprecedented challenges. Faculty and administrators raised concerns about maintaining campus diversity, searching for new approaches within the changed legal landscape.
This article examines the first year following the Supreme Court's landmark decision, exploring its impact on Diversity, Equity, and Inclusion (DEI) programs, early diversity outcomes, and the strategies higher education institutions are developing to maintain racial diversity within the new framework.
The Changing Landscape of DEI
After the Supreme Court's ruling on affirmative action, colleges and universities faced mounting political and legislative pressure to address their existing diversity, equity and inclusion initiatives. Since the 2023 ruling, more than 85 anti-DEI bills have been proposed in 28 states, with 14 becoming law.
The bills aim to reduce or eliminate existing DEI programs at higher education institutions to align with the Court's ruling prohibiting race-based considerations in hiring and admissions. They also seek to ban mandatory DEI training and prohibit diversity statements in hiring and admissions processes.
In January 2025, President Donald Trump issued an executive order directing federal agencies to eliminate DEI-related programs, offices, and initiatives, including equity action plans, diversity training, and DEI performance requirements, marking a significant federal shift in alignment with state-level efforts to curtail DEI.
While the order primarily targets federal agencies, its implications ripple into higher education as federal funding and compliance requirements intersect with university operations. The directive signals increased federal alignment with state-level efforts to curtail DEI and reinforces the political challenges facing institutions attempting to maintain or expand diversity programs.
In response to political pressure and new state laws, some colleges have begun to scale back or eliminate DEI initiatives. In Florida, legislation signed by Gov. Ron DeSantis in 2023 prohibits public colleges from funding DEI initiatives, forcing higher education institutions to dismantle DEI programs and offices.
Similarly, Texas passed legislation banning mandatory DEI training and DEI offices. This wave of legal and political changes has led universities to reassess their commitment to such programs.
Critics argue the legislative measures will harm campus inclusivity for underrepresented student groups, while proponents of dismantling DEI programs endorse the notion of a merit-based admissions process.
Early Outcomes of Racial Diversity in Post-Affirmative Action
The first-year data on racial diversity after the end of affirmative action in higher education shows mixed results.
Inside Higher Ed reports that institutions like MIT and Amherst College saw double-digit declines in Black and Hispanic student enrollment, while schools like Duke and Yale reported relatively stable numbers for these groups in the post-affirmative action era.
Several factors influence the Class of 2028's racial diversity data. Selective liberal arts colleges and STEM-focused universities generally reported steeper drops in racial diversity than larger public institutions with bigger applicant pools.
Another factor is the increase in students choosing not to report their race. In a PBS interview, New York Times reporter David Leonhardt said, "The official numbers may understate how much the Asian share has risen because the percentage of students not reporting a race has also risen. And people think that's disproportionately an Asian group." Experts believe this trend may stem from perceptions of bias against Asian American students, prompting more to omit their ethnicity.
Experts say the long-term effects will become clearer over time as universities develop strategies to maintain racial diversity while following legal requirements.
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Strategies for Maintaining Diversity Post-DEI
In the wake of diminishing DEI programs and the end of affirmative action, colleges and universities are exploring innovative strategies to uphold campus diversity within the constraints of new legal and political realities.
One prominent approach is holistic admissions, which evaluates applicants based on a wide range of race-neutral factors—such as personal achievements, extracurricular involvement, essays, and life experiences—while excluding race as a direct consideration. By adopting these practices, institutions aim to build inclusive and dynamic student populations while complying with legal requirements.
"Our goal with holistic admissions is to see the full individual behind each application," says Sonia Winney, director of admissions at EIM. "While academic achievement is important, we also consider qualities like resilience, community involvement and unique life experiences, all of which contribute to a richer, more inclusive learning environment."
Evidence In Motion (EIM), a learning solutions company, and its university partners use outreach programs to connect with students from underserved communities. "Through our partnerships, we're able to connect with students that reflect the diverse makeup of our communities," Winney says.
In addition to admissions practices, program model and design can significantly impact the diversity of student cohorts. In particular, hybrid learning models promote diversity by removing barriers of time and location, making graduate education more accessible to students from varied backgrounds and underserved areas.
Balancing DEI and Legal Constraints
Though legal changes have restricted or eliminated DEI efforts, colleges continue exploring new ways to maintain campus diversity. Schools are using holistic admissions, along with targeted outreach and enhanced financial aid to build inclusive campuses that reflect varied perspectives.
Innovation remains crucial. Hybrid and flexible learning environments can increase access for students from different socioeconomic backgrounds by accommodating various life circumstances.
EIM and its university partners attract and develop diverse cohorts through concerted efforts to provide students with accessible and equitable opportunities, regardless of racial considerations, maintaining DEI principles while adhering to legislative guidelines.
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