On July 24, 2023, following on the heels of the landmark Supreme Court decision that called into question affirmative action practices in college admissions, a new development emerged. The U.S. Department of Education, through its Office for Civil Rights (OCR), moved swiftly to instigate what promises to be a detailed investigation into the long-standing practices of Harvard University, particularly its use of legacy and donor preferences in the undergraduate admissions process (Venable LLP).
The implications of this investigation could well reverberate through the domain of higher education, not just in the US, but globally. Historically, legacy and donor admissions have been a largely unquestioned norm within higher education institutions. These practices have traditionally allowed universities to admit students who are children of alumni or significant donors. This quid pro quo has long been a source of funding for these institutions. However, it has equally been a subject of controversy, with critics arguing it inhibits diversity and discriminates against those from disadvantaged backgrounds.
Yet, in the light of the Supreme Court’s recent ruling on affirmative action, this norm may soon be challenged. The Supreme Court’s decision intimated a shift in the judicial attitude towards practices that may infrally commit educational institutions to upholding certain imbalances in their admissions processes.
Now, with the investigation into Harvard’s admissions practices, the Department of Education seems well poised to pursue a similar line of action. And while Harvard may be the first such institution under scrutiny, it is unlikley to be the last.
Should the OCR eventually decide to crack down on these practices, universities across the globe might soon find that legacy and donor admissions have become a part of the past.