Amy Fabiano, an experienced higher education attorney at Bowditch and Dewey, offers some advice for higher educational institutes facing down issues like political unrest and declining enrollments.
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10) Be prepared for changes from a new presidential administration. Colleges should plan now for how they will respond to changes brought by the new presidential administration, which may come quickly in President-elect Trump’s first 100 days in office and over the next four years. This may include: supporting international students and faculty, LGBTQIA college community members, and BIPOC college community members; reviewing academic freedom policies, protest policies, and conduct policies; considering how the College will engage if they come under scrutiny of federal authorities.
9) Create space for hard conversations. Colleges should find ways to facilitate difficult conversations on campus, including conversations about the election results, Israel and Palestine, and the role of higher education today.
8) Consider the current demographics of the student body. Black enrollment plunged 10 percentage points at MIT this year, with the current entering class now five percent Black. Colleges could consider their diversity and equity initiatives in light of their changing demographics and the law, especially with an expected increase in the scrutiny of DEI programs under the incoming Trump administration.
7) Analyze declines in student enrollment. Colleges should look closely at any student enrollment declines. Is it due to the “demographic cliff” of fewer college-aged students or delays due to federal financial aid form snafus? Consider how to stem the decline.
6) Review state initiatives that now make community college free. Figure out how to engage with recent initiatives that make community college free in Massachusetts for people without bachelor’s degrees. For example, Worcester Polytechnic Institute recently announced programs to help students transfer there from community colleges.
5) Comply with new government regulations on sex discrimination. The federal Title IX regulations were updated last month. Under the new regulations, colleges must update policies and procedures and hold annual training sessions for faculty and staff. Expect the federal Title IX regulations to be updated again under the incoming Trump administration, but implement the current law now.
4) Don’t forget about recent government decisions on race discrimination. Consider strengthening non-discrimination policies by setting up a non-discrimination office and creating policies and procedures that respond to discrimination based on shared ancestry, race, and ethnicity. Expect the incoming Trump administration to pay close attention to student protests and related issues.
3) Be wary of union action on campus. Unionization on campus has skyrocketed recently. Whether these unionization efforts will shift and how under the incoming Trump administration remains to be seen, but expect a less labor-friendly NLRB.
2) Seek advice from other colleges. Colleges and universities throughout the country are facing similar issues. Lean on colleagues across the country for insights and support.
1) Focus on higher education’s mission. Besieged by complaints about cost, diversity, and the value of higher education and now under attack by President-elect Trump, college administrators need to remember the central role colleges and universities play in educating the next generation, expanding students’ worldviews, and preparing them for an ever-changing world.
EDITOR'S NOTE: This advice column has been updated by Amy Fabiano from the version included in the Nov. 11, 2024 print edition to reflect the results of the 2024 presidential election.
