Empowering Campus Unity: How University Trustees Can Champion Anti-Bias Compliance

Many universities today face a significant challenge: they may not comply with key federal civil rights laws. This noncompliance can result in losing federal funding, which can be devastating for any institution.

Harvard is currently under scrutiny from the Trump administration for such violations. While it’s unlikely that a prestigious institution will face dire consequences, the threat is real, and universities must take it seriously.

University trustees, often successful alumni, should ensure their institutions follow the law. It’s not just about love for their school; it’s also about their responsibilities. If they neglect compliance, they could be held personally liable.

Recent Supreme Court rulings have made it clear that discrimination against individuals for the sake of group outcomes is legally questionable. For instance, the ruling in Ames v. Ohio emphasized that Title VII protects individual rights against discrimination.

Yet, universities continue to use policies like Diversity, Equity, and Inclusion (DEI) statements that can conflict with these legal principles. A study even revealed that many universities have not changed their admissions processes despite clear legal guidance against race-based preferential treatment.

In addition, there are troubling practices within universities that still treat students differently based on race or gender. Many policies appear neutral but often lead to discriminatory outcomes—a pattern highlighted in a recently published paper connecting these issues to Harvard’s findings on antisemitism.

Title IX, which prohibits sex discrimination, is another area where universities fall short. Despite mandates for equal opportunities in athletics, a report from the Government Accountability Office revealed that most colleges do not comply.

The risks of noncompliance should push universities to follow the law, yet governance problems persist. Often, a small number of faculty or administrators influence policy creation, despite being granted limited powers.

Ultimately, university boards of trustees hold the final responsibility, akin to a corporate board. They must establish compliance frameworks, especially when serious threats arise. Failure to do so can lead to significant legal liabilities, as seen in high-profile cases like Boeing’s multibillion-dollar settlements over safety issues.

Although not every compliance concern is life-threatening, board members must stay vigilant. Government agencies can sometimes overreach, and legal ambiguities may warrant challenges. However, ignoring clear regulations increases the university’s risks and potential liabilities.

As discussions around governance in education heat up, some accuse institutions of neglecting the law in favor of political agendas. It’s essential for higher education to prioritize accountability and compliance.

In conclusion, universities cannot afford to overlook compliance. A proactive approach to legal obligations will not only protect them but also ensure fair treatment for all students and staff.

For more insights on this topic, you can explore resources from the U.S. Department of Education.

Author Insights:
Kimberly Yuracko is a professor at Northwestern University’s Pritzker School of Law, specializing in antidiscrimination law. Max Schanzenbach is also a professor there and an expert in corporate law and compliance.

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