An Admissions Group Is Scrambling to Delete Parts of Its Ethical Code. That Could Mean Big Changes for Higher Ed.

The National Association for College Admission Counseling may remove provisions from its code of ethics at its September meeting, a move prompted by a Department of Justice investigation into whether the provisions violate antitrust laws.

According to an email sent on Thursday to the organization’s membership, members will vote at its September meeting on whether to remove three ethical provisions from its professional guidelines. The provisions apply to incentives for early-decision applicants, recruiting freshmen who have committed elsewhere, and recruiting transfer students. Leaders of the group, known as NACAC, say the Justice Department has found that the provisions “inhibit, to some extent, competition among colleges for students,” according to the email.

If NACAC does not remove the provisions, the department is likely to pursue a consent decree, which would force NACAC under a court order to remove the ethical provisions, the email said.

“Failure to make these changes — and prolonging the DOJ investigation — would have serious negative consequences for NACAC’s finances and ability to operate, including the possibility of extremely costly and time-consuming litigation,” the email said.

A handful of provisions are at issue. One prohibits colleges from offering incentives, like special housing or better financial-aid packages, only to students who use an early-decision application.

Another says colleges can’t recruit or offer enrollment to students who are already enrolled or have submitted deposits to other colleges. Under the NACAC ethics code, May 1 is when commitments by those students are made final, and colleges must respect that deadline.

Another states that colleges cannot solicit transfer applications from a previous applicant or prospect unless that student inquired about transferring.

According to a document sent to NACAC members, the Justice Department believes “that these provisions restrain competition among colleges” and that, if they are removed, thus allowing for more competition, the result “may lower” college costs if colleges can solicit students who have already committed.

If the provisions are removed, the changes will be significant, and turmoil in admissions offices should be expected, said Jon Boeckenstedt, vice provost for enrollment management at Oregon State University. Removing those parts of the ethical code would allow institutions to recruit students from competitor colleges even after they’ve committed, and to see their own students get poached, he said. The changes could cause colleges to enter into a precarious dance — keep students committed and simultaneously recruit others, all year long.

Boeckenstedt predicted that the provisions would be removed, given the likelihood that NACAC would be forced to make the changes by the department. Given the uncertainty that the changes would cause for enrollment predictions, especially for smaller, tuition-dependent colleges, higher education’s landscape will be upended, Boeckenstedt said.

“It could be the wild, wild west come next spring,” he said.

The changes would provide both opportunities and difficulties for colleges, said Robert G. Springall, vice president for enrollment management at Muhlenberg College, in Pennsylvania.

“It absolutely presents opportunities for us to rethink the timeline and the way we go about business in recruiting, admitting, and enrolling our class,” Springall said. Not being tied to a May 1 deadline to recruit students will require some strategy adjustments, he said.

“The concern I have is for the students who are going to be mixed up in this transition,” Springall said. “They’re probably going to be subjected to, in some cases, communications that make them question decisions after they’ve already made them, and potentially incentivize them to unravel plans they thought had been secured.”

Springall said that the increased recruiting that would follow the ethical limitations’ removal could inflame anxiety among high schoolers to choose the right college.

Grace Elletson is an editorial intern at The Chronicle. Follow her on Twitter @graceelletson, or email her at grace.elletson@chronicle.com.