Harvard’s race-conscious scholarships and ceremonies at risk under new Education Department guidelines

The US Department of Education’s recent guidance poses a serious threat to Harvard University’s race-conscious scholarships and ceremonies. The guidance, , issued in the form of FAQs on February 28, 2025, clarifies that policies separating students by race—whether in programming, graduation ceremonies, or housing—are legally indefensible. This could jeopardize several programs and celebrations at Harvard that cater to underrepresented groups, including Black, Latino, Indigenous, and LGBTQ+ students.
The Education Department’s guidance directly addresses the ongoing implications of the Supreme Court’s 2023 decision that banned affirmative action in admissions. It makes it clear that any race-based programming or policies, even those aimed at fostering diversity and inclusion, could be subject to legal action or loss of federal funding. Harvard, which hosts multiple affinity ceremonies for diverse student groups, could be significantly impacted by this new directive.
Potential impact on Harvard’s programs
As reported by The Harvard Crimson, the Education Department’s guidance specifically mentions that school-sponsored or endorsed racially segregated activities—such as graduation ceremonies for Black, Latino, or Asian American students—are now under scrutiny. These affinity events, organized by Harvard’s Office of Equity, Diversity, Inclusion, and Belonging, might be considered violations of the new policy if they are perceived as segregating students based on race.
The US Department of Education’s Office for Civil Rights (OCR) stated that it would investigate institutions that continue race-conscious practices, including race-neutral scholarships that may be motivated by race. The OCR could potentially revoke federal funding from universities that fail to comply. “Harvard remains committed to building a community where individuals who bring a broad array of backgrounds, experiences, and perspectives come together to learn, grow and thrive,” the university’s spokesperson Jason A. Newton said in a statement to The Harvard Crimson. However, Newton added that the university is reviewing the guidance to ensure compliance with federal law.
Scholarships could also be affected
The new guidance also targets race-based scholarships, a key component of Harvard’s financial aid offerings. According to the Education Department, universities can no longer administer or advertise scholarships based on race, even if the funding comes from third parties. This policy could affect scholarships like the John Mack ABANA Fellowship at Harvard Business School, aimed at minority students, or the Scholars in Translational and Academic Research scholarship at Harvard Medical School, which supports underrepresented minority fellows.
As the guidance points out, scholarships are considered a “zero-sum process,” and any race-based preference in awarding funds is prohibited. This may leave Harvard and other universities grappling with how to maintain their diversity initiatives while complying with the new rules.
In the face of these challenges, Harvard, like other institutions, will have to navigate this legal landscape carefully, as its diversity-focused programs may soon be under greater scrutiny. As quoted by The Harvard Crimson, the OCR will review any race-neutral programs suspected of covert discrimination, focusing on whether students were treated differently based on race or if a pattern of race-based decision-making exists.