Compliance Considerations for Higher Ed Institutions

As we settle into the fall semester of 2025, it’s especially important that colleges, universities, and higher education institutions review and adjust their policies, practices, and programs to ensure they are aligned with today’s rapidly changing landscape.   

Fundamentally, higher education institutions have the same mandate as any other organization to eliminate policies that promote “illegal DEI”; however, higher ed institutions may be even more at risk of scrutiny due to federal monitoring of admission criteria. The current Administration has outlined that institutions receiving any federal funds, including student aid such as scholarships and grants, must follow all federal directives or risk losing their funding. 

While President Trump rescinded some affirmative action requirements in late January with EO 14173, it’s important to note that adherence to non-discrimination requirements under Section 503 and VEVRAA remain in place, as does EEO reporting. 

As colleges, universities and higher ed institutions seek to navigate these new compliance parameters, conversations around compliance must be broad and frequent to ensure best practices are understood and followed across the institution.   

To assist with your work in this area, here is a collection of links to blog posts providing guidance for review and consideration as continued compliance efforts are taken: 

• DOJ Launches Civil Rights Fraud Initiative to Investigate DEI Initiatives of Federal Fund Recipients and Contractors 

• EEOC and DOJ Release Guidance on “Illegal DEI” 

• DOJ Releases Additional Guidance Regarding Unlawful Discrimination  

• DOJ Issuing Civil Investigative Demand Letters to Federal Contractors and Grant Recipients 

• Why Workforce Data Analytics Remain Important 

• Workforce Data Collection Considerations After DEI Order 

Berkshire is also hosting a webinar specifically for higher ed institutions to help you understand your obligations. On September 25th, Berkshire Co-President Patrick Nooren will host Vicki Lipnic, partner at Resolution Economics and former EEOC Commissioner, and Paul White, partner at Resolution Economics, to discuss last month’s admission requirement changes and the impact those may have on college and university admissions data collection and auditing processes.  If you have not already done so, you can register here and share the link with your colleagues in Admissions, Student Affairs, and anyone on campus who may deal with the IPEDS reporting process.