Legislation’s impact on diversity in higher education

The recent legislation banning affirmative action in higher education is making institutions rethink their approaches to diversity. Despite their best efforts, higher education institutions still have some challenges to overcome. Diversity, equity, and inclusion (DEI) is a growing trend for many institutions implementing strategies to overcome existing disparities. 

While many institutions have made significant strides in redressing past imbalances, they are coming to terms with just how much they still need to accomplish. These affirmative action changes are a controversial topic. Many believe the legislation will hamper existing DEI initiatives. Institutions must reconsider their approaches to ensure diverse and inclusive environments while maintaining compliance with the law.

The importance of diversity in higher education

Higher education institutions set the stage for the workforce. They prepare students to thrive in various environments with people from diverse backgrounds. When you hear the word “diversity,” you might think about ethnicity and race, but it’s more complex than that. Diversity extends beyond the people in a higher education institution and encompasses how it teaches, what programs it offers, and more. 

The number of people of color in the U.S. population continues to rise. You can expect more diverse student groups in the future. Some of the many reasons diversity is an integral part of higher education success include: 

Enhancing critical thinking

One of the cornerstones of higher education is the ability to provide college students with skills outside of academia. Students must think critically about the information they receive and solve complex challenges. A diverse college campus exposes students to different backgrounds and perspectives, challenging them to question their assumptions, consider new viewpoints, and think outside the box. 

The more diverse the learning environment, the more powerful it becomes. It allows students to tackle challenges with informed perspectives. A diverse educational landscape encourages proactive learning and engages students in campus life. They seek out different perspectives and engage in meaningful discussions that promote creativity. 

Advancing academic research

Diverse perspectives drive innovative research. Researchers from diverse backgrounds are the ideal teams for collaboration. Each person has their own knowledge and attitudes, which, when combined, can break through academic barriers and enrich your institution’s research. A diverse and collaborative team is more likely to ask new questions, approach challenges from unique angles, and solve problems. 

Building a robust sense of community

A diverse campus allows students to connect with people from different backgrounds. When they do, it increases their cultural competence as they share experiences, traditions, and perspectives. Over time, previous biases and stereotypes break down, creating a robust sense of community in the learning environment. A sense of belonging can protect students from stress and help them engage more meaningfully in their learning experience. 

Fostering a culture of continuous improvement

A diverse campus is a melting pot of innovation. As academic research advances, the curriculum follows, creating new programs that meet students where they are. Students and faculty from diverse backgrounds can shape your institution’s growth. They are conducting research that, in turn, becomes more diverse. 

Today’s higher education institutions must stay agile in the face of change, and diverse voices can help them maintain this agility. They create an attractive environment for the next generation of diverse young minds, and so the cycle continues. 

Laws affecting diversity in higher education

Several state legislatures have shaped the educational environment we enjoy today. These laws forced the higher education institutions of the past to change their admissions processes and open their doors to historically disadvantaged groups. The recent affirmative action changes have highlighted how far academia has come in DEI initiatives. They will likely join the following list of laws that have formed the path to diversity in education: 

The Second Morrill Act of 1890

The Morrill Act was passed in 1962 to allow states to sell land to build higher education institutions. In 1890, the Second Morrill Act was passed, a pivotal moment for diversity in academia that ruled that institutions could no longer discriminate based on race. However, it did not specify that students from diverse backgrounds could study at the same institution. Instead, the act supported establishing and maintaining separate institutions for Black students. 

While the Second Morrill Act did little to break down racial barriers in education, it set the stage for diversity. An unintended side effect of the act was that states nationwide established historically Black colleges and universities (HBCUs), which made higher education more accessible to Black students. 

Title VI of the Civil Rights Act of 1964

The 1960s was pivotal in the civil rights movement, and higher education institutions were subject to increasing criticism. The movement for more inclusive campuses was underway, and institutions were under fire for discriminatory admissions policies. Alabama State College expelled Black students for participating in civil rights protests. The students sued the institution and won. 

Title VI of the Civil Rights Act banned discrimination on the grounds of race. For the first time, students of color had access to the same college admissions, financial aid, student services, housing, and academic programs as white students. 

The Higher Education Act of 1965

While the legislation above paved the way for diversity, Black students attending public universities were far from comfortable. Reducing discrimination is part of the battle, but higher education institutions had to take it further and create programs to help historically disadvantaged groups access higher education. 

The Higher Education Act created the modern student aid program, making higher education accessible to low- and middle-income students. It increased the amount of federal funding directed to higher education programs to develop scholarship programs and provide students with low-interest loans. In 1972, a revision to the act established the Federal Pell Grant Program, which supports Black students to this day. 

Title IX of the Education Amendments of 1972

Much of the state legislature up to 1972 focused on racial discrimination. Title IX of the Education Amendments banned gender discrimination. This fundamental change in accessibility to education made women feel safe accessing higher education. Programs traditionally dominated by one gender were now open to the other. The ripple effect was promoting diversity and inclusion in science, technology, engineering, and mathematics (STEM) and other vocational careers. 

The other significant impact of Title IX was in collegiate sports. It stipulated that higher education institutions offer men and women equal access to participate in organized sports. Many institutions established their first teams for women in 1972. 

Section 504 of the Rehabilitation Act of 1973

Shortly after Title IX, Section 504 of the Rehabilitation Act banned discrimination against people with disabilities. It states that higher education institutions cannot discriminate against students with disabilities or treat them differently. Once again, education became more diverse and accessible. 

Today, students with disabilities make up 15 percent of national public school enrollment. Institutions can expect to make changes to accommodate these students in the coming years, yet they still need to overcome significant challenges. While the law prohibits institutions from discriminating against them, they face other hurdles, including inaccessible spaces. 

Affirmative action

For many years, affirmative action redressed the imbalance that accompanied simply banning discrimination. Instead of making education accessible, affirmative action actively increased the representation of historically excluded groups on campus. It stemmed from the civil rights movement of the 1960s and allowed institutions to consider an applicant’s background, including race, in the admissions process. 

The aim was to promote equal access to education and level out exposure to high-quality schools. Racial quotas — reserving a designated number of spots for students based on their race — were ruled unconstitutional in 1978. However, the high court ruled that institutions must consider race alongside other factors in admittance decisions. In 2023, the Supreme Court ruled that affirmative action was unlawful, and the face of diversity in higher education changed again. 

Impacts of anti-DEI laws on higher education

DEI programs in higher education have corrected inequities in access to tertiary education. They also ensure that students from diverse backgrounds have the necessary support from prospect to graduation. The recent legislation banning affirmative action has sparked some controversy. 

Some believe it was the right move, as affirmative action in itself causes division between students. They aim for an entirely meritocratic approach to admissions while discounting legacy admissions and other perceived differences in the decision-making process. Others claim that this law will halt or undo the progress in addressing inequality. 

Regardless of personal beliefs, students and faculty are concerned that the research and funding of existing DEI programs will be affected. At the same time, institutions are scrambling to navigate the rapidly changing landscape. Amid all the confusion, they must still support new and existing students through their learning journeys. 

How higher education institutions can stay compliant with diversity legislation

Changing legislation is always challenging to navigate. Promoting student access across campus requires a collaborative approach. The current laws exist to help institutions prevent discrimination and harassment and protect faculty and students. However, the perception of an unstable landscape makes it even more crucial for institutions to focus on student success. 

Some tips and tricks for maintaining compliance with diversity legislation include: 

Implement DEI training and promote knowledge-sharing

DEI legislature can become an opportunity for students and faculty to learn and develop their skills. Much of creating a diverse and inclusive space originates in casual daily interaction between faculty and students. Training faculty in diversity can remove some potential missed opportunities. 

Training can improve cultural competency in your staff, allowing them to better identify students facing challenges and intervene. From there, you can implement a knowledge-sharing campaign to keep DEI at the forefront of everyone’s minds. Ensure students and faculty can access relevant publications and encourage open conversations on campus. 

Ensure fair access to resources, opportunities, and treatment

A genuinely diverse campus only begins with granting access to historically disadvantaged groups. Your institution must take it a step further and ensure that all students have equal access to resources and opportunities. Look for areas of unconscious bias, such as a disproportionate number of male students in STEM classes. Once you identify these areas, you can take the necessary steps to encourage and support groups traditionally marginalized in these areas. 

Offer student and faculty support

One of the most effective methods for maintaining a diverse and compliant education environment is to recognize the challenges that students from diverse backgrounds face. From there, you can provide targeted support. Providing additional services and resources tailored to these students and their needs is one part of the strategy. The other is ensuring they are aware of these resources. Gather feedback from your students to better understand where they would benefit from more support, and use this data to inform your ongoing strategy. 

Incorporate holistic admissions processes

Some higher education institutions are shifting toward merit-based admissions. However, historically disadvantaged students may need more support and resources in their schooling to perform effectively in testing. Instead, a more holistic approach strikes a balance between merit, background, extracurriculars, and testing to ensure disadvantaged groups have a change from prospects. 

Incorporate diverse perspectives in the curriculum

Diversity in the classroom begins with incorporating varied course materials, teaching methods, and learning activities that accommodate students from different backgrounds. Map your curricula with varying modalities of learning, experiences, and cultures in mind. Issues about diversity can also become part of the course outcomes so that you can incorporate related topics within the course climate. 

Communicating openly about your diversity goals will make students part of the journey. Faculty members can incorporate a code of conduct that highlights expectations for classroom behavior. Examine each course from multiple angles to ensure you represent diverse perspectives, and encourage faculty to use various teaching techniques. 

Monitor student success and engagement

With innovative software solutions, you can support the unique needs of each student. Collaborate with students from diverse backgrounds to create a roadmap for success. Then, leverage real-time data to monitor their progress and set up alerts to notify you if they face obstacles or change their goals. You can enable early alerts to inform you when students veer off course and intervene with constructive support to get them back on track for course completion. 

You can also track student engagement among diverse groups to gain insight into their involvement in campus life. Clubs, organizations, and jobs can make students feel part of the campus community. Students from diverse backgrounds may feel isolated on campus, which strips them of support and could make them consider other education options. If you can track their engagement to measure and predict student success, you can identify students who need extra support and connect them with the right resources. 

Support diverse student bodies with Watermark

Diversity remains one of the most significant goals for many higher education institutions. Legislation changes may mean you must change your strategy to achieve it, but the objective remains the same. One of the most effective methods to understand the success of your initiatives is to leverage student success data so that you can act in real time and give students the necessary support. 

With Watermark Student Success & Engagement, you can leverage predictive analytics to prioritize student outreach and engage students where they are. You can support the success of diverse student groups with tailored learning paths and intervene early when they encounter challenges. Request a demo today to prioritize innovative diversity, equity, and inclusion initiatives at your institution. 

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