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  • HR and the Courts — February 2025

    HR and the Courts — February 2025

    by CUPA-HR | February 12, 2025

    Each month, CUPA-HR General Counsel Ira Shepard provides an overview of several labor and employment law cases and regulatory actions with implications for the higher ed workplace. Here’s the latest from Ira.

    EEOC Reports That It Collected a Record $700 Million for Workers in 2024 in Discrimination Claims

    The Equal Employment Opportunity Commission collected nearly $700 million for workers in 2024, eclipsing the previous record of $660 million collected in 2023. The agency reported that almost $470 million was collected for private sector, state and local workers through mediation, conciliation and administrative settlements. Nearly $200 million was collected through mediation, conciliation and administrative settlements for federal workers. An additional $40 million was collected for employees through litigation.

    Of the 111 lawsuits filed by the agency in fiscal year 2024, 40% involved claims under the Americans with Disabilities Act and 6% involved claims under the Age Discrimination in Employment Act. Most of the remainder involved Title VII claims of race, color, religion, sex, or national origin discrimination. More than a dozen of these lawsuits involved systemic allegations raised for multiple employees.

    Trump Administration Firing of NLRB and EEOC Members Leaves Agencies Without a Quorum to Do Business

    The Trump administration discharged, in unprecedented fashion, sitting members of the National Labor Relations Board and the Equal Employment Opportunity Commission, leaving both agencies without a quorum to do business. The Supreme Court has ruled that the NLRB cannot issue decisions without a quorum. This means that the NLRB cannot decide unfair labor practice cases or decide appeals of union election cases until it regains three members confirmed by the Senate. In addition, the Trump administration terminated the sitting independent NLRB general counsel who makes decisions on what cases to prosecute before the board.

    Without a quorum, the EEOC cannot issue new regulations or guidance, nor revoke or edit existing ones. In addition, without a quorum, the EEOC cannot vote to initiate new class action cases and is limited in taking on new enforcement litigation.

    Court of Appeals Revives Challenge to Fellowship Program — Case Dismissed After Mutual Settlement

    The 2nd U.S. Circuit Court of Appeals (covering Connecticut, New York and Vermont) reversed a trial judge’s decision dismissing a challenge to a fellowship program at Pfizer. To address challenges in recruitment, retention and promotion of diverse employees, Pfizer created and reserved its fellowship program for Black/African American, Latino/Hispanic, and Native American students. The plaintiffs contended that the fellowship program unlawfully discriminated against non-minority individuals (Do No Harm v. Pfizer Inc. (2nd Cir. No. 23-15, Opinion 1/10/25)). The three-judge panel remanded the case back to the trial judge to review whether the dismissal was proper.

    This case is another example of increased scrutiny of DEI programs in the wake of the Supreme Court’s decision on Students for Fair Admissions v. Harvard, which curtailed the use of race in college admissions. Bloomberg reported that the parties reached an agreement to settle the case. The full settlement is not available but it appears the fellowship program will end with the induction of the current year’s recipients.

    NLRB’s Authority to Impose Employee Remedial Orders for “Consequential” Damages Trimmed by Court of Appeals

    The 3rd U.S. Circuit Court of Appeals recently trimmed the scope of permissible remedial orders granted by the NLRB to employees who win unfair labor practice cases. The appeals court drew a distinction between traditional make-whole remedies for employees who are fired as a result of an unfair labor practice and traditional back pay and reinstatement. The latter continues to be permissible, but the NLRB’s authority to order “consequential” damages for reimbursement for late credit card fees, medical expenses and the like are not permissible (NLRB v. Starbucks (3rd Cir. No. 23-1953, 12/27/24)).

    As a practical matter, absent a decision on this issue by the Supreme Court, the NLRB will continue to assert its authority to render consequential damage awards, but the awards will not be enforceable in the states covered by the 3rd Circuit, which includes Delaware, New Jersey and Pennsylvania.

    Hostile Work Environment Challenges to DEI Training Pass Summary Judgment Stage — First Amendment Claims Have Been Filed on Both Sides

    Bloomberg reports that a number of challenges to DEI training — on the grounds that they create a hostile work environment for White employees — are surviving the summary judgment stage of initial litigation. Nonetheless, commentators conclude that most of that litigation will ultimately fail to clear the hurdle that requires the action to be “pervasive” in order to prove a hostile work environment case. Commentators also point out that the anti-DEI movement is likely to grow during the new Trump administration.

    In addition to hostile work environment cases, public employees have challenged public employers under the First Amendment for forcing the employee to listen to and affirm DEI concepts. However, employers that support DEI training have successfully used the First Amendment to challenge a Florida law restricting the use of certain workplace DEI training concepts (Honeyfund.com Inc. v. Florida (11th Cir. No. 22-13135, 3/4/24)).

    ACLU, NAACP and Professors Raise First and Fourteenth Amendment Challenge to Alabama Law Barring Public Funding of DEI Programs

    The Alabama chapter of the American Civil Liberties Union, the NAACP, and a group of Alabama professors have filed suit in federal court, alleging that the new Alabama state law barring public funding of DEI programs violates the First and Fourteenth Amendments of the U.S. Constitution (Simon v. Ivey (N.D. Ala. No. 2:25-cv-00057, complaint 1/14/25)). The complaint alleges that the Alabama law restricts the funding of teaching “academic viewpoints” deemed to be “divisive” and prohibits funding of student groups espousing such views in violation of the First and Fourteenth Amendments.

    The complaint further alleges that such viewpoint bans disproportionately affect Black students and Black faculty members. The complaint also alleges that the Alabama law violates minority students’ and professors’ right to equal protection from intentional discrimination and freedom of association under the First Amendment. The complaint further argues that the Alabama law should be struck down as “void for vagueness” under the applicable constitutional standard.

    U.S. Supreme Court Eases Standard for Employers to Prove Employees Are Not Entitled to Overtime Pay

    The U.S. Supreme Court rejected a heightened standard of proof needed to show that employees are exempt from the Fair Labor Standards Act overtime requirements (E.M.D. Sales v. Carrera (U.S. No. 23-217 Opinion 1/15/25)). This will make it somewhat easier for employers to show that employees are not entitled to overtime pay. The Supreme Court held in a unanimous decision written by Justice Kavanaugh that employers are subject to the regular “preponderance of the evidence” rule in proving that an employee is not subject to the applicable overtime rules rather than the higher “clear and convincing” standard.

    Justice Kavanaugh concluded on behalf of a unanimous court that, where a law is silent on the applicable standard of proof, as the FLSA is, the regular preponderance of the evidence rule applies. Under this standard, an employer must show that it is more likely than not that the employee is exempt from the overtime requirements.



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  • the-authors-of-new-titles-in-the-major-problems-series – The Cengage Blog

    the-authors-of-new-titles-in-the-major-problems-series – The Cengage Blog

    Reading Time: 3 minutes

    Cengage authors dedicate themselves to producing high-quality content, while also prioritizing a functional learning experience for students, equipping them with background information and tools necessary to analyze the important topics covered in their courses. We’re happy to introduce you to the authors of two first edition titles, and one upcoming fifth edition title, within the Major Problems Anthology series, which familiarizes students with important topics in U.S history, world history and western civilization.

    Ready to meet these authors and learn about their titles? We can’t wait for you to get to know them all.

    Jackson J. Spielvogel and Kathryn Spielvogel ― authors of Major Problems in Western Civilization, Volume I and Volume II, 1e 2025

    “Major Problems in Western Civilization,” 1e includes a variety of supporting materials and historical prose, guiding a carefully curated set of primary and secondary source selections. This text preps instructors and students so they can engage primary sources at the highest level.

    Jackson J. Spielvogel is Associate Professor Emeritus of History at The Pennsylvania State University. He received his Ph.D. from The Ohio State University, where he specialized in Reformation history. His work has been supported by fellowships from the Fulbright Foundation and the Foundation for Reformation Research. He is the author of  “Western Civilization,” now in its 12th edition, as well as co-author (with William Duiker) of “World History,” now in its 10th edition. Professor Spielvogel has won five major university-wide teaching awards.

    Kathryn Spielvogel earned a B.A. in history, and M.A. in art history from The Pennsylvania State University. She continued her graduate studies in history at the University at Buffalo, SUNY, before working as a research editor on history textbooks for the past fifteen years. Passionate about historic preservation and economic development, Kathryn volunteers for several non-profit organizations while renovating historic homes and commercial buildings throughout Pennsylvania.

    Read Kathryn Spielvogel’s blog article about this first edition title: “Why the Study of Western Civilization Still Matters”

    William J. Duiker, author of Major Problems in World History, Volume I and Volume II, 1e 2025

    “Major Problems in World History,” 1e is a comprehensive source for documents and secondary essays dealing with a broad sweep of world history. Each chapter begins with a short introductory essay providing historical context for that period of history.

    William J. Duiker is Liberal Arts Professor Emeritus of East Asian studies at The Pennsylvania State University. He earned a Ph.D. in East Asian history at Georgetown University in 1968. A former foreign service officer with assignments in Taiwan and South Vietnam, he is the author of several books on East Asia. He is also co-author with colleague Jackson Spielvogel of “World History,” 10e. He has traveled widely and was awarded a Faculty Scholar Medal for Outstanding Achievement in 1996.

    Plus a new fifth edition

    Elizabeth Cobbs, Edward J. Blum and Vanessa Walker ― authors of Major Problems in American History, Volume I and Volume II, 5e 2025

    “Major Problems in American History” includes both primary sources and analytical essays on important U.S history topics, with an overall goal towards helping students refine their critical thinking skills.

    Elizabeth Cobbs is a Professor and Dwight E. Stanford Chair in American Foreign Relations at San Diego State University and has won literary prizes for both history and fiction, including the Allan Nevins Prize and Stuart Bernath Book Prize. She earned her Ph.D. in American history at Stanford University. She has served on the jury for the Pulitzer Prize in History and on the Historical Advisory Committee of the U.S. State Department. She has received awards and fellowships from the Fulbright Commission and other distinguished institutions. Her essays have been published in the New York Times, Jerusalem Post and Los Angeles Times, among others. Her current project is a history of women soldiers in World War I.

    Edward J. Blum is a Professor of History at San Diego State University. He received his B.A. from the University of Michigan and his M.A. and Ph.D. from the University of Kentucky. He is the author and co-author of several books on United States history and the winner of numerous awards, including the Peter Seaborg Award for Civil War Scholarship and the Gustave O. Arlt Award in the Humanities.

    Read Professor Blum’s blog article about this fifth edition: “The Importance of Discussion in American History”

     

    Vanessa Walker is the Gordon Levin Associate Professor of Diplomatic History at Amherst College, where she teaches classes on U.S. politics, foreign relations and human rights. She received her B.A. from Whitman College and her M.A. and Ph.D. from the University of Wisconsin-Madison. She is the recipient of fellowships from the Miller Center for Public Affairs at the University of Virginia, the George Mosse Program at the Hebrew University of Jerusalem and the Stanton Foundation Applied History Program.

    Read: “Q&A With Vanessa Walker, Co-Author of Major Problems in American History”

     

    Did these Major Problems titles pique your interest? Explore them all and decide which one is right for your history course.

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  • Timothy Zick’s ‘Executive Watch’: Introduction – First Amendment News 457

    Timothy Zick’s ‘Executive Watch’: Introduction – First Amendment News 457

    By Timothy Zick, William & Mary Law School Robert & Elizabeth Scott Research Professor and John Marshall Professor of Government and Citizenship.

    I want to thank Ron Collins for inviting me to contribute a regular feature on the Trump administration and the First Amendment. To say I am delighted to be here masks a certain uneasiness with the project. 

    As Ron’s kind introduction noted, six years ago I published a book, “The First Amendment in the Trump Era,” that examined challenges to free speech and press during the 2016 campaign and roughly the first half of the first presidential term for Donald Trump. The fact that there was already enough material by then for a manuscript on the subject was deeply alarming. Matters did not improve. The book was published prior to (among other things) Trump’s threat to use military force to blanketly suppress all Black Lives Matter protests, and before Trump was accused of inciting the January 6 insurrection. 

    Skeptics at the time wondered how long the subject would be relevant — after all, how long could the First Amendment challenges of the “Trump Era” last? With the latest examples of disturbing suppressive actions, we now have at least a partial answer to that question. 

    Prof. Timothy Zick (William and Mary Law School)

    In all of this, it is important to keep at least three preliminary points in mind: First, suppression is not confined to a political party, be it Woodrow Wilson or Richard Nixon, and beyond. Second, since the First Amendment is a constitutional guarantee expressly limiting government power when it comes to free expression and faith, the primary focus is on suppression. Third, in this realm, as with any other controversial one, differences of opinion are inevitable. 

    That said, I have tried to confine my analysis to reasonably demonstrable claims of executive branch overreach and government-related forms of suppression. Although I acknowledge the difficulties in suing a president for First Amendment violations, the present concerns extend to the executive branch as a whole. In any event, I am interested not just in protecting individual rights but also the broader effect of executive actions on First Amendment institutions, values, and principles.

    While presidential actions have historically raised significant First Amendment concerns, the frequency and implications of Trump’s actions in this area are unprecedented. The current Trump administration has been described as “a kind of legal hydra, in which the defenders of the Constitution are facing one body with many heads, and those heads are acting in concert.” 

    While my book focused primarily on Trump, “Executive Watch” will take a broader view of the actions not just of the president himself but those working across the executive branch — as well as those, like Elon Musk and his underlings, who work on Trump’s behalf in a quasi-governmental capacity. While President Trump’s own statements, lawsuits, and executive actions will necessarily be part of the discussion, current threats to free speech and the press emanate from actors, institutions, and agencies beyond the Oval Office. Even early on, the Trump administration has initiated a whole-of-government effort that affects the First Amendment rights and interests of private speakers, reporters, legacy and social media, K-12 teachers and students, university students and faculty, government employees, and the public. 

    Starting to keep a record 

    President Trump’s litany of executive orders, including those relating to free speech and the press, have already received significant attention — some even positive. But given the general character and overall pace of things, it is easy to focus on the moment and miss the broader implications of the present time. When it comes to the First Amendment, in some notable ways the first Trump term and the second are related. However, this time the Trump administration’s actions will often be part of a more comprehensive agenda to challenge, and in some cases upend, bedrock First Amendment principles and values. 

    My hope is that “Executive Watch” will be a valuable resource for those interested in how the administration’s policies affect First Amendment concerns. As Ron notes, it is important that we compile and keep a record of this period for current and future reference. Toward that end, to close out this post I will provide a list of general First Amendment topics, with selected sources concerning each. I will update that repository as events unfold.

    Overview: Eight categories of threats to free expression

    With that introduction, this first installment of “Executive Watch” provides an overview and identifies various categories of First Amendment concerns relating to the Trump administration’s latest agenda. Subsequent contributions (which may be shorter) will place these actions in context and explain how specific executive branch actions relate to broader themes. I might also comment on notable executive policies as they are adopted and implemented, and in which ways they advance or curb free speech freedoms.

    ‘The lawsuit is the punishment’: Reflections on Trump v. Selzer — First Amendment News 453

    Blog

    First Amendment News is a weekly blog and newsletter about free expression issues by Ronald K. L. Collins and is editorially independent from FIRE.


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    In just a few short weeks, the Trump administration has taken an extraordinary number of actions implicating a range of First Amendment concerns. One of President Trump’s many recent executive orders expresses unwavering support for the First Amendment and promises to end censorship. However, some recent actions by  Trump and his administration are antithetical to those goals.

    1. Threats to the institutional press: “The First Amendment in the Trump Era” identified maintaining a free and independent press as a critically important bulwark against executive abuses of power. That concern has persisted — indeed, it has become more acute. As he did in his first term, Trump has continued to identify many in the institutional press as the “enemy of the American people.” This should not be treated as mere political hyperbole. The Trump administration has promised retribution and is targeting individual journalists. It has threatened to investigate reporters in national security cases, block media mergers, and deny outlets and reporters access to information. There is evidence these threats are already taking a toll on the press’s independence.
    2. Private lawsuits: One of Trump’s preferred strategies for bringing his critics to heel is the private lawsuit. Trump recently sued “60 Minutes” and CBS for allegedly editing an interview with then-Vice President Kamala Harris in ways that obscured or improved her answers to questions, ABC and George Stephanopoulos for statements that Trump had been found liable for rape in a civil case, an Iowa pollster and The Des Moines Register for publishing a flawed poll showing Trump trailing Harris in Iowa, and the Pulitzer Board for recognizing The New York Times for its reporting on the Russia investigation. Fearful of government overreach, some media outlets have already settled defamation lawsuits for millions of dollars, raising serious concerns about press obeisance and lack of independence. High-level executive branch appointees have warned that the press should expect more lawsuits based on allegedly biased or critical press coverage of the administration.
    3. Threats to broadcast media: Broadcast media are also in the Trump administration’s crosshairs. The Federal Communications Commission has instituted investigations of media outlets, ostensibly for violating their obligation to broadcast in the “public interest.” The agency recently compelled CBS to disclose the transcript of the Harris “60 Minutes” interview and is investigating CBS based on that broadcast. Agency officials have also indicated that broadcast licenses may be revoked or suspended based on editorial and advertising activities or simply for alleged “bias.” Trump and his allies have also proposed defunding all public broadcasting, including NPR and PBS, which present educational and other content including shows like “Elmo,” “Big Bird,” and “Fresh Air.”
    4. Threats to digital media: The Trump administration has likewise taken steps to influence and control the digital public sphere. Trump recently extracted a $25 million settlement from Meta (formerly Facebook) for banning him for his false and incendiary posts about the 2020 election. As president, Trump has refused to enforce a law requiring that TikTok divest from Chinese ownership, even though the Supreme Court upheld it. Whatever one makes of that ruling, after Trump’s effort to “save” TikTok, digital media moguls lined up to donate millions of dollars to his inaugural. Social media platforms also changed content moderation policies in ways that facilitate election denial, public health misinformation, and hateful expression. One thing Trump gets right in his executive order on free speech is that governmental efforts to coerce social media companies to remove content is problematic. However, unleashing online disinformation, misinformation, and threatening speech will fundamentally alter the culture of online expression.
    5. Threats to educational institutions: Similarly, the Trump administration has taken steps to control curricular and other expression in the nation’s educational institutions. An executive order calls for withholding federal funding from any K-12 school that teaches that the United States is “fundamentally racist, sexist or otherwise discriminatory.” Another order purports to “end radical indoctrination” in the nation’s K-12 schools by ordering various federal agencies to develop a plan to eliminate federal funding for instruction relating to “gender ideology” or “discriminatory equity ideology.” The same order requires agencies to adopt “patriotic education measures” for use in K-12 schools. The Education Department has also been ordered to scour the nation’s university campuses and classrooms for anti-Semitism and discussions about race, gender identity, and other disfavored topics. President Trump has also ordered the Department of Justice to crack down on student protesters. The federal government has advised universities to monitor the activities of their foreign students studying on visas — so that officials can deport them if they speak out in favor of Palestine or Hamas.
    6. Threats to government employees: Agency actions and executive orders have threatened the speech rights of agency employees and government contractors. There is a widespread effort underway to purge public employees based on their lack of loyalty to Trump, their real or perceived political biases, or their participation in lawful trainings and other activities. FBI employees recently filed privacy and free speech retaliation lawsuits against the Department of Justice, alleging the agency has targeted them for dismissal based on their work investigating January 6 cases. The DOJ has also fired prosecutors for working on January 6 prosecutions. At executive agencies, new rules bar federal employees, contractors, and agency materials from referencing gender identity or fluidity. Executive orders forbid the federal workforce from engaging in events or discussions relating to diversity, equity, and inclusion and even bar employees from using gender identification in email correspondence.
    7. Suppression of vital information: The federal government provides vital information to the public concerning health, the environment, and other matters. Since the election, however, many agency websites have gone dark. The Trump administration has ordered executive agencies to remove information from their websites concerning gender, gender identity, contraception, climate change, and other topics. It has also ordered agency employees not to share the results of their ongoing work and paused federal funding for scientific and other research. Although the executive branch can set agency policies and formulate public messaging, efforts to broadly curtail the public’s access to information affect both the press’s ability to report on such matters and the public’s ability to receive information about public health, the environment, and other topics.
    8. Imposing official orthodoxies and suppressing dissent: Many Trump administration proposals and measures are aimed at imposing an official orthodoxy concerning various topics and issues. Still others target protected political dissent. The administration is seeking to impose official definitions of gender and approved narratives regarding American history, race, and patriotism. Since his first term, President Trump has made no secret of his desire to crack down on protest and dissent. During the 2024 campaign, Trump vowed to “crush” the pro-Palestinian movement. He has long supported making flag burning a crime. Imposing official orthodoxies and suppressing dissent are two of the broad themes that tie many of the Trump administration’s recent actions together. 

    Media on the run: A sign of things to come in Trump times? — First Amendment News 451

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    First Amendment News is a weekly blog and newsletter about free expression issues by Ronald K. L. Collins and is editorially independent from FIRE.


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    Below is a topical sampling of reports and commentary about the risks recent Trump administration actions have posed to free expression. 

    Actions against the press and journalists

    Defamation and related lawsuits

    Broadcast and public media

    Social media

    Education

    Public Employees 

    Data, information, and transparency

    Orthodoxy and dissent

    Last scheduled FAN

    FAN 456: “Coming soon: ‘Executive Watch’ — Tracking the Trump Administration’s free speech record”

    This article is part of First Amendment News, an editorially independent publication edited by Ronald K. L. Collins and hosted by FIRE as part of our mission to educate the public about First Amendment issues. The opinions expressed are those of the article’s author(s) and may not reflect the opinions of FIRE or Mr. Collins.

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  • Fun with Participation Rate Data

    Fun with Participation Rate Data

    Just a quick one today, mostly charts.

    Back in the fall, StatsCan released a mess of data from the Labour Force Survey looking at education participation rates—that is, the percentage of any given age cohort that is attending education—over the past 25 years. So, let’s go see what it says.

    Figure 1 shows total education participation rates, across all levels of education, from age 15 to 29, for selected years over the past quarter century. At the two ends of the graph, the numbers look pretty similar. At age 15, we’ve always had 95%+ of our population enrolled in school (almost exclusively secondary education, and from age 26 and above, we’ve always been in the low-tweens or high single digits. The falling-off in participation is fairly steady: for every age-year above 17, about 10% of the population exits education up until the age of 26. The big increase in education enrolments that we’ve seen over the past couple of decades has really occurred in the 18-24 range, where participation rates (almost exclusively in universities, as we shall see) have increased enormously.

    Figure 1: Participation rates in Education (all institutions) by Age, Canada, select years 1999-00 to 2023-24

    Figure 2 shows current participation rates by age and type of postsecondary institution. People sometimes have the impression that colleges cater to an “older” clientele, but in fact, at any given age under 30, Canadians are much more likely to be enrolled in universities than in colleges. Colleges have a very high base in the teens because of the way the CEGEP system works in Quebec (I’ll come back to regional diversity in a minute), and it is certainly true that there is a very wide gap in favour of universities among Canadians in their mid-20s. But while the part rate gap narrows substantially at about age 25, it is never the case that the college participation rate surpasses the university one.

    Figure 2: Participation Rates by Age and Institution Type, Canada, 2023-24

    Figure 3 shows college participation rates by age over time. What you should take from this is that there has been a slight decline in college participation rates over time in the 19-23 age range, but beyond that not much has changed.

    Figure 3: College Participation Rates by Age, Selected Years, 1999-2000 to 2023-24

    Figure 4 uses the same lens as figure 3 only for universities. And it’s about as different as it can be. In 1999, fewer than one in ten Canadians aged 18 was in university: now it is three in ten. In 1999, only one in four 21 year-olds was in university, now it is four-in-ten. These aren’t purely the effects of increased demand; the elimination of grade 13 in Ontario had a lot to do with the changes for 18-year-olds; Alberta and British Columbia converting a number of their institutions from colleges to universities in the late 00s probably juices these numbers a bit, too. But on the whole, what we’ve seen is a significant increase in the rate at which young people are choosing to attend universities between the ages of 18 and 24. However, beyond those ages the growth is less pronounced. There was certainly growth in older student participation rates between 1999-00 and 20011-12, but since then none at all.

    Figure 4: University Participation Rates by Age, Selected Years, 1999-2000 to 2023-24

    So much for the national numbers: what’s going on at the provincial level? Well, because this is the Labour Force Survey, which unlike administrative data has sample size issues, we can’t quite get the same level of granularity of information. We can’t look at individual ages, but we can see age-ranges, in this case ages 20-24. In figures 5 and 6 (I broke them up so they are a bit easier to read), I show how each province’s university and college participation rates in 2000 vs. 2023.

    Figure 5: University Participation Rates for 20-24 Year-olds, Four Largest Provinces, 2000-01 vs. 2023-24

    Figure 6: University Participation Rates for 20-24 Year-olds, Six Remaining Provinces, 2000-01 vs. 2023-24

    Some key facts emerge from these two graphs:

    • The highest participation rates in the country are in Ontario, Quebec, and British Columbia.
    • In all provinces, the participation rate in universities is higher than it is for colleges, ranging from 2.5x in Quebec for over 4x in Saskatchewan.
    • Over the past quarter century, overall postsecondary participation rates and university participation rates have gone up in all provinces; Alberta and British Columbia alone have seen a decline in college participation rates, due to the aforementioned decision to convert certain colleges to university status in the 00s.
    • Growth in participation rates since 2000 has been universal but has been more significant in the country’s four largest provinces, where the average gain has been nine percentage points, and the country’s six smaller provinces, where the gain has been just under five percent.
    • Over twenty-five years, British Columbia has gone from ninth to second in the country in terms of university participation rates, while Nova Scotia has gone second to ninth.
    • New Brunswick has consistently been in last place for overall participation rates for the entire century.

    Just think: three minutes ago, you probably knew very little about participation rates in Canada by age and geography, now you know almost everything there is to know about participation rates in Canada by age and geography. Is this a great way to start your day or what?

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  • Decoder Replay: Bacteria doesn’t stop at the border

    Decoder Replay: Bacteria doesn’t stop at the border

    During the Covid pandemic, nations realized they needed to work together to keep their people safe. That’s where the World Health Organization comes in. 

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  • Endowments grew 4% in FY2024 on investment returns, donations

    Endowments grew 4% in FY2024 on investment returns, donations

    Dive Brief:

    • The value of college endowments collectively grew 4% in fiscal 2024 thanks to a combination of strong investment returns and a rise in donations, according to the latest data from the National Association of College and University Business Officers and asset management firm Commonfund.
    • The total value of the endowments of the 658 institutions that participated in the study reached $873.7 billion for the year, with a median endowment value of $243 million. Of the survey respondents, 144 had endowments of $1 billion or more, comprising roughly 86% of the total value reported.
    • Gifts to endowments rose to $15.2 billion from $12.7 billion last year, according to the study. Draws on funds rose as well, by 6.4% year over year to $30.1 billion in spending at institutions. 

    Dive Insight:

    Investment returns remained strong through 2024, supporting institutions’ spending from their endowments. Ten-year average annual returns stood at 6.8% for fiscal 2024, down slightly from last year but still robust enough to make spending with endowment money “possible and prudent,” NACUBO and Commonfund said in a press release. The average one-year return hit 11.2%, a 3.5 percentage point increase over 2023.

    On average, endowments funded 14% of institutions’ operating budget, up from 10.9% in fiscal 2023, according to the NACUBO-Commonfund study. 

    Student aid represented the largest share by far of endowment spending, at 48.1%, followed by academic programs and research at 17.7%. 

    Colleges spend the largest share of endowment funds on student financial aid

    Endowment spending distribution by function in fiscal 2024

    “Faculty and staff certainly benefit from this philanthropy, but students remain the primary beneficiaries, as the bulk of these resources is used to maintain student aid and affordability,” NACUBO President and CEO Kara Freeman said in a statement.

    The list of the largest endowments looks very similar to that of years past. In the No. 1 spot, once again, is Harvard University, with a value of about $52 billion, up 5% from last year. Harvard is followed by the University of Texas System ($47.5 billion) and Yale University ($41.4 billion). 

    Harvard University has the largest endowment — again

    Endowment sizes in fiscal 2024 by total market value and value per student

    Those wealthy endowments are once again in the spotlight as President Donald Trump and Republicans eye higher tax rates on colleges’ investment funds.

    During Trump’s first term, he signed a tax bill containing a 1.4% levy against the investment income of private colleges whose endowments are valued at $500,000 or more per student. House Republicans this year floated a plan to jack that rate up to 14%. Others have proposed yet higher rates, including 21%, to be in line with the same rates paid by for-profit corporations. 

    NACUBO addressed the politics around endowments in its release of the latest data. 

    Pointing to how institutions use their endowments on student aid and other core functions, Freeman said, “This is incredibly important work and demonstrates how short-sighted it would be to further tax these funds and divert them from their true purpose.” 

    Mark Anson, Commonfund CEO and chief investment officer, said at a Tuesday media briefing that institutions would have to take a close look at post-tax investment returns should higher rates become law. That could in turn push many to look at more aggressive investing strategies, while others would likely see the share of their operations financed by endowments fall, Anson added.

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  • The latest roundup of DEI cuts across the country

    The latest roundup of DEI cuts across the country

    This audio is auto-generated. Please let us know if you have feedback.

    The conservative-led fight against diversity, equity and inclusion efforts has been supercharged thanks to a powerful ally — the newly sworn-in President Donald Trump.

    In recent years, many state legislatures have enacted anti-DEI laws, and even more have proposed these measures. But these attempts happened under the Biden administration, which supported diversity initiatives at colleges and sought to strengthen them at the federal level.

    Trump has aimed to unravel that work.

    He signed multiple executive orders attacking diversity efforts in the first couple days of his second term, including one declaring that college DEI policies and programs could amount to violations of federal civil rights laws. It also prompted federal agencies to identify organizations, including colleges with endowments over $1 billion, for potential civil compliance investigations. 

    Another executive order directed agencies to end all DEI programs and positions “under whatever name they appear.” It further sought to terminate federal “equity-related” grants and contracts, endangering massive swaths of college research funding.

    Trump’s orders have incited confusion among higher education leaders and sparked legal challenges. However, colleges in states across the political spectrum are cutting DEI programs in response. 

    Below, Higher Ed Dive is rounding up the ever-growing list of colleges nixing DEI programs, pulling DEI language from institutional communications, and cancelling events aimed at supporting students from minority groups.

    Arizona State University

    On Jan. 27, the U.S. Office of Budget and Management released a memo calling for a massive freeze on federal funding to ensure government programs complied with Trump’s executive orders, including one targeting DEI. The news prompted Arizona State University to instruct its researchers to stop working on DEI-related activities on their federally funded projects and avoid using unspent funds allocated for DEI work.

    Even after OMB rescinded the memo — and White House officials released conflicting messages on where the freeze stood — Arizona State told researchers to hold off.

    “All Executive Orders remain in effect and will continue to be enforced,” the guidance said.

    Arizona State has since placed that announcement — and its entire webpage dedicated to research operations news — behind a university login. The university did not immediately respond to a request for comment Tuesday.

    Boston University

    Boston University announced Jan. 30 that its Center for Antiracist Research would shutter on June 30. CAR’s 12 staff members will be employed through that time and “are receiving resources and support to assist with their transitions,” the university said. 

    The private nonprofit attributed the closure to the departure of Ibram X. Kendi, a prominent antiracist scholar and the center’s founder.

    Kendi, who left to lead the Howard University Institute for Advanced Study in Washington, D.C., acknowledged the challenge of opening the center during the pandemic and the “intense backlash over critical race theory” it faced. CAR opened in 2020, shortly after the murder of George Floyd and the resulting demonstrations against police violence.

    “I feel honored to have been able to do this work with you over the last five years,” Kendi said in a statement. “I am departing for an opportunity I could not pass up, but what connected us at CAR remains, especially during this precarious time.”

    CAR prompted concern in 2023 when it laid off more than half its staff — a total of 19 employees — citing a need to restructure. Boston University launched an investigation into CAR’s use of grant funds, though its final audit found “no issues” with how the center managed its money. 

    California Polytechnic State University

    California Polytechnic State University will eliminate its Office of University Diversity and Inclusion as an independent department and move it under the personnel division, the Mustang News, its student newspaper, reported in late January. 

    A spokesperson for the public minority-serving institution told Mustang News that the decision was “not in response to any outside influences.”

    As of Tuesday, the university’s statement affirming diversity is still viewable online.

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  • Higher Education Inquirer : “DOGE Eat DOGE” World

    Higher Education Inquirer : “DOGE Eat DOGE” World

    Every day brings revelations about how corrupt the US government is. Every day the Department of Government Efficiency ( DOGE) reports on one agency or another that they have taken over and plan to eliminate or downsize. The first targets were the USAID and the US Department of Education. 

    But this is just the beginning. 

    Every day is a spectacle, with Elon Musk and a  handful of young men taking control over federal agencies. Some call it a coup, though President Trump has granted them the power through executive privilege. Others may call it a mission from God. 

    There is no telling how far this DOGE takeover will continue, but as long as folks are not protesting, we can expect it to last indefinitely.  President Trump has recently mentioned corruption in the Department of Defense, which would be an interesting target to investigate. 

    In the meantime, President Trump has relaxed enforcement of US law banning bribery of foreign officials.

    You can watch the DOGE boys in action through the DOGE tracker.  You can also follow crypto trading and prices, which appear to be a key part of the DOGE movement. 

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  • Community college to reconsider removed DEI materials

    Community college to reconsider removed DEI materials

    Des Moines Area Community College is planning to reintroduce to its website some materials related to diversity, equity and inclusion that it had removed in anticipation of anti-DEI legislation, The Iowa Capital Dispatch reported.

    The college first removed information about DEI on Jan. 25 in response both to President Trump’s executive order banning DEI “preferences, mandates, policies, programs, and activities” and to a state bill that would have prohibited DEI offices at community colleges. That bill was later tabled.

    The institution’s president, Rob Denson, told the Board of Trustees that the institution is now reviewing what information can be returned to its website. “What can come back, will come back,” he said.

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  • Endowment returns climb amid fiscal uncertainty

    Endowment returns climb amid fiscal uncertainty

    Endowment returns climbed in fiscal year 2024, offering a boost to university coffers at a time when even the richest institutions have been gripped with financial uncertainty amid the Trump administration’s attempts to freeze federal funding and change research reimbursements.

    One-year returns averaged 11.2 percent for FY 2024, according to the latest study by the National Association of College and University Business Officers and the Commonfund Institute—up from 7.7 percent in FY 2023 and negative returns in FY 2022.

    The overall 10-year return averaged 6.8 percent, the study found.

    In a press call Tuesday, Commonfund Institute executive director George Suttles noted that FY24 “was characterized by a strong U.S. economy, steady consumer spending, strong employment data, including higher wages, easing inflation accompanied by the prospect of lower interest rates, reasonable energy costs” and a prosperous technology sector, among other factors.

    The endowment study also noted increased philanthropy in FY 2024. Donors contributed $15.2 billion in new gifts to university endowments included in the study—a nearly 20 percent bump from the $12.7 billion donated in FY23.

    Altogether, 658 institutions with combined endowment values of almost $874 billion participated in the voluntary survey, with the median endowment value at $243 million. Nearly a third (30 percent) of the respondents reported an endowment valued at $100 million or less.

    “While a handful of institutions receive wide public attention for the size of their endowments, the vast majority of colleges and universities are working with a much smaller set of resources,” NACUBO CEO Kara Freeman said on Tuesday’s press call. “And as we review the total market value, 86 percent was held by endowments with more than $1 billion in assets.”

    NACUBO has conducted annual college endowment studies since 1974. This year’s iteration had slightly fewer participants than the 688 who responded last year.

    Top Endowments

    The nation’s richest institutions kept their status in this year’s study, with no changes among the top 10 and only minor fluctuations among the 25 universities with the largest endowments.

    Harvard University is still the nation’s wealthiest institution with an endowment of almost $52 billion, followed by the University of Texas system ($47.4 billion), Yale University ($41.4 billion), Stanford University ($37.6 billion) and Princeton University, with just over $34 billion.

    Endowment values grew at all of the five wealthiest universities except Princeton.

    Though average annual one-year returns for FY 2024 were 11.2 percent, the nation’s top 25 wealthiest universities mostly missed that mark. The outlier among those was Johns Hopkins University, which had a nearly 24 percent one-year return in FY 2024.

    In all, 149 of the 658 participating institutions reported endowments valued at or over $1 billion.

    Endowment Performance

    Like last year, smaller endowments performed better on one-year returns than large ones. Institutions with endowments valued under $50 million saw an average return of 13 percent, while those with endowments over $5 billion had the lowest one-year returns, with an average of 9.1 percent.

    However, larger endowments outperformed smaller ones over the long term.

    Across the 10-year mark, institutions with assets above $5 billion reported returns of 8.3 percent, compared to 6.5 percent for those with less than $50 million. Large endowments also fared better on 25-year returns, reporting 8.5 percent compared to 4.5 percent for those under $50 million.

    On the spending side, endowments funded an average of 14 percent of the annual operating budgets at the institutions surveyed, up from 10.9 percent in FY23. That figure was slightly higher at institutions with multibillion-dollar endowments.

    Study respondents spent a total of $30 billion from their endowments in FY24, up from $28.4 billion in FY23. The most common use of endowment dollars was for financial aid.

    Issues Affecting Endowments

    With the return of Donald Trump to the White House, college leaders have publicly and privately fretted about the likelihood that Republicans will ratchet up endowment taxes.

    During his first term, the Trump administration passed an endowment excise tax of 1.4 percent on investment income at universities with endowment holdings of at least $500,000 per student and a minimum of 500 students. Earlier this month, Republican congressman Mike Lawler proposed raising that rate to 10 percent and changing the per-student endowment threshold from $500,000 to $200,000, which would affect more institutions. Another legislative proposal would raise that rate to 21 percent.

    In a question-and-answer session on Tuesday’s press call, the tax issue was the first to arise.

    Freeman said NACUBO “remains opposed to the endowment excise tax,” arguing that it “diminishes the charitable resources that would otherwise be available” to universities for financial aid, student services, academic support, research and innovation, among other uses.

    Mark Anson, CEO of Commonfund, said the tax could hit some universities hard, including many Ivy League institutions whose robust endowments make up a higher percentage of their operating budgets.

    On the press call, Inside Higher Ed asked about the fallout of last spring’s pro-Palestinian protests, in which students at numerous universities demanded divestment of their endowment holdings from Israel or companies profiting off the war in Gaza. While the study did not touch on that issue, experts noted the protests sparked questions from colleges; Anson said some asked for more information about their holdings.

    While colleges have largely rejected student divestment demands, one win for protesters has been more transparency around institutional investments.

    “What’s come out of this is a continued push for transparency around how endowments are invested,” Suttles said. “Thinking about transparency for stakeholders is an important part of this work. I am encouraged by the calls for transparency, but in terms of actual investment or divestment strategies and a shift in that, we haven’t seen much from our perspective.”

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