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  • Misrepresentations by OPMs could land colleges in trouble, Education Department says

    Misrepresentations by OPMs could land colleges in trouble, Education Department says

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    Colleges could lose access to federal financial aid or face penalties if their external service providers mislead their students, the U.S. Department of Education said Tuesday. 

    That includes companies that help colleges launch and run online programs. Employees of online program managers, or OPMs, cannot represent themselves as working directly for colleges, including by having email addresses or signatures implying they’re employed by those institutions, according to the guidance. 

    OPM employees are also not allowed to represent a virtual program as equivalent to a college’s campus-based version if they have dissimilar admissions criteria, completion rates, faculty qualifications or other substantive differences. And workers in recruiting or sales roles can’t call themselves an “academic counselor” or use a similar title if it doesn’t accurately describe their position. 

    The guidance — issued in the waning days of the Biden administration — aims to add more oversight to colleges’ relationships with OPMs. Student advocacy groups have long called for stricter rules for these companies, which often help colleges launch online programs in exchange for a significant cut of their tuition revenue.

    Carolyn Fast, director of higher education policy at The Century Foundation, a left-leaning think tank, praised the letter Wednesday. 

    “Today’s move by the Department of Education is a step in the right direction, affirming what we already know: OPMs commonly mislead students about the quality of their online programs and that is illegal,” Fast said in a statement. “This action will deter misconduct by OPMs and their college partners and will help protect online college students from the risks posed by predatory OPMs.”

    What led to the guidance?

    The guidance comes after the Biden administration’s other plans to add oversight to the OPM industry faltered. 

    In early 2023, the administration said it would review guidance that allows colleges to enter tuition-sharing deals with OPMs that provide recruiting help — so long as it is part of a larger bundle of services. Despite asking for public comment on the matter, the Education Department has not updated or rescinded the 2011 guidance.

    At the same time it announced the review, the administration issued separate guidance that would designate OPMs and other organizations as third-party servicers. The change would have subjected them to regulations that would give the department insight into their contracts with colleges. 

    However, the Education Department quickly delayed the guidance — and eventually rescinded it altogether — amid widespread criticism that it would create burdensome requirements for the higher education sector. 

    “We finally have clarity, in the last days of the administration, what they’re actually going to do with the guidance around [third-party servicers]” and OPMs, said Phil Hill, an ed tech consultant. “It’s just been this soap opera for 2 1/2 years now.”

    However, Hill described Tuesday’s guidance as “petulant rulemaking” from the Biden administration. 

    “This Dear Colleague letter is attempting to go down to the level of telling colleges and universities and vendors what words are allowable and what aren’t,” Hill said. “And this went through zero process, zero attempt to get input from schools.”

    That includes whether the guidance will hamstring colleges from running online programs or whether the policies address the issues they’re trying to solve, Hill said. 

    Stephanie Hall, senior director for higher education policy at the Center for American Progress, a left-leaning think tank, took a different stance. 

    The Education Department received a “treasure trove of comments” when it sought public input in 2023 on policies that would have impacted the OPM sector, Hall argued. 

    “A lot was given over the past couple of years, and I see this guidance letter as just an extension or a conclusion of that process and not something new that didn’t take any input,” Hall said. 

    Whether the Trump administration will enforce the new guidance is another matter. But Hall said the guidance is likely to create changes either way. 

    “Schools are put on notice,” Hall said. “It’s something they take very seriously.” 

    The incoming Trump administration could also rescind the guidance altogether, though it’s unclear if OPM oversight is a priority issue to incoming officials. 

    “Are they aware of the impact this could have on online education, and is this going to be on their radars to take action and just immediately get rid of it?” Hill said. 

    The guidance could also draw legal challenges. The Biden administration’s now-rescinded 2023 guidance sparked a lawsuit from 2U, a prominent OPM. 

    “This is just waiting for a rescission or a lawsuit,” he said. 

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  • University of the Arts unloads 2 buildings for $10.3M in auctions

    University of the Arts unloads 2 buildings for $10.3M in auctions

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    Dive Brief:

    • The University of the Arts Tuesday sold one of its prized properties, the Arts Alliance building in Philadelphia’s Rittenhouse Square neighborhood, in a bankruptcy liquidation auction run by its Chapter 7 trustee. 
    • The Philadelphia-based nonprofit Curtis Institute of Music offered $7.6 million for the building at auction, topping the previous high bid from real estate developer Allan Domb. The bankruptcy judge overseeing UArts’ case approved the sale Wednesday.
    • UArts’ Arts Bank building also sold in a separate auction for $2.7 million to the firm Quadro Bay, which beat out a bid from the nonprofit Lantern Theater Co. The sale still needs court approval.

    Dive Insight:

    The fate of a failed college’s property often draws interest from the surrounding community. In UArts’ case, the university — which shocked Philadelphia with its sudden closure last summer — occupied several historic buildings in the city’s downtown.

    The case’s trustee, Alfred Giuliano, said previously in court papers that efforts to sell the properties involved 27,000 emails to prospective buyers and more than 150 confidentiality and nondisclosure agreements signed with prospects. 

    One of the key players so far has been nearby Temple University, which has enrolled hundreds of UArts’ former and prospective students. The university has bid $18 million for UArts’ Terra Hall, which sits on the university’s main South Broad Street campus. 

    A one-time hotel, Terra Hall served as UArts’ primary academic building. In a statement last week, Temple leadership described the possible acquisition as an “exciting prospect as it allows us to establish a prominent Temple presence in an iconic Philadelphia building.”

    The public university added that buying Terra Hall would create “an opportunity for the university to be part of the continued revitalization of the Avenue of the Arts — an important cultural corridor — while opening the door for additional academic opportunities for our students.”

    Temple also offered $6.2 million for the Arts Alliance building, which UArts acquired through a 2018 merger. The university was narrowly beaten out by Domb’s bid. However, Pennsylvania Attorney General Michelle Henry objected to the developer’s bid Monday, arguing that Temple should be given priority because of restrictions on the sale of charitable assets in state law and the building’s deed covenants. After the auction, the trustee deemed Temple the backup bidder should the sale to the Curtis Institute fail to close.

    Domb reportedly withdrew from bidding during the bankruptcy auction. 

    What attracted me to it was the potential of the building, how beautiful it is, the ability to use it for mostly arts, culture and possibly music,” the developer told WHYY, Philadelphia’s NPR affiliate. But he added of the winning bidder, “Curtis is a gem and I’m really pleased they got it.”

    Until Wednesday, the Lantern Theater Co. led the bidding for UArts’ Arts Bank building on South Broad Street with an offer of nearly $1.8 million. Giuliano named the nonprofit as the backup buyer if the deal with auction winner Quadro Bay falls through.

    As with the Arts Alliance building, the attorney general during a Wednesday hearing raised concerns selling Arts Bank to a for-profit company, WHYY reported. However, the building does not carry the same restrictive deed covenants as Arts Alliance.

    UArts has several other buildings in its portfolio left to be sold, including the columned Dorrance Hamilton Hall and other facilities on its main campus. When it filed for bankruptcy in September, the university listed nine properties that it owned, valuing them collectively at $87.1 million. Terra Hall came in highest at $48.4 million.

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  • Making Higher Education More Affordable: The Role of Financial Aid Strategies

    Making Higher Education More Affordable: The Role of Financial Aid Strategies

    Key Takeaways:

    • Financial aid optimization transforms financial resource allocation into a strategic enrollment tool, aligning affordability for students with institutional goals.



    • By leveraging real-time data and tools like Liaison Othot, institutions can craft tailored financial aid strategies that address individual student needs and enrollment strategies.



    • Optimization enables proactive adjustments to financial aid strategies, ensuring accessibility while supporting student retention and institutional sustainability.



    • Strategic financial aid leveraging balances affordability for students with long-term enrollment and revenue objectives.

     

    The rising costs of higher education and fear of long-term debt have left many prospective students and their families questioning whether they can afford to pursue their academic dreams. For institutions, this presents a dual challenge: attracting diverse students and ensuring enrollment goals align with their mission. An effective and aligned financial aid optimization strategy offers a powerful tool to meet a campus’s enrollment goals. By combining institutional funds with federal and state resources effectively, colleges and universities can increase access and affordability in higher education while achieving broader enrollment objectives.

    From offering enough aid to make tuition manageable to continuously refining financial aid strategies based on real-time information, optimizing plays a pivotal role in strategic enrollment management (SEM). It transforms financial aid awarding from a static process into a dynamic tool that not only attracts and enrolls students but also supports their retention by effectively meeting their financial needs.

     

    What Is Financial Aid Optimization?

    Financial aid optimization transforms the allocation of financial resources into a critical enrollment tool. By aligning the overall enrollment leveraging strategy—regularly and in real-time at the individual level—optimization allows campuses to address student affordability needs in a unique and tailored way.

    At its core, optimization is a dynamic, data-informed process. Institutions develop annual plans for allocating financial aid (leveraging), basing decisions on previous cycles’ successes and challenges. Unlike traditional static leveraging models, modern optimization approaches incorporate continuous adjustments informed by real-time data. This lets colleges and universities respond proactively to shifting enrollment trends and keeps their financial aid strategies effective throughout the year.

     

    How to Make Higher Education More Affordable and Accessible

    More accessible higher education starts with understanding the financial challenges students face. For many undergraduates, the cost of tuition, housing, books, and other expenses can make college seem out of reach, even with federal and state aid. For example, a student from a low-income household may find that even the maximum Pell Grant award leaves a significant financial gap. Similarly, a middle-income family might struggle to cover tuition despite not qualifying for significant need-based aid.

    Financial aid leveraging allows institutions to tackle these challenges head-on by creating tailored aid packages that remove financial barriers for students. This approach relies on a mix of need-based and merit-based strategies, often informed by tools like FAFSA data and predictive analytics.

    One of the key advantages of financial aid optimization is its flexibility. Institutions can use data to fine-tune aid offerings based on unique student needs and behaviors. For instance, Liaison’s Othot platform, a cloud-based predictive and prescriptive analytics tool designed specifically for higher ed, can analyze factors such as a student’s location, academic profile, and campus engagement to build aid packages thatneeds. This granularity ensures that the financial aid awarding strategy not only meets the affordability threshold for students also aligns with the overall enrollment strategy being employed on the campus. An aligned optimization approach ensures that the affordability component is integrated into the strategy for specifically targeted cohorts or students, maximizing the likelihood of their enrollment.

    Optimization also lets institutions adapt aid policies for entire cohorts or demographic groups. For example, schools can address rising inflation in high school GPAs by recalibrating merit-based awards to prioritize equity and maintain fairness in their financial aid distribution. This adaptability keeps aid plans relevant as the dynamics of higher education continue to shift. By relying on data and continuously streamlining their financial aid models, institutions can make higher education more attainable for all students while maximizing their impact.

     

    The Strategic Impact of Financial Aid Optimization

    Financial aid optimization goes beyond simply helping students cover tuition—it’s about achieving a delicate balance between affordability for students and sustainability for institutions. By carefully crafting aid packages that meet the financial needs of students without overextending institutional resources, colleges and universities can enhance their enrollment efforts while maintaining financial health.

    For example, reallocating funds for strategic distribution among students could result in higher net tuition revenue (NTR) without sacrificing enrollment numbers. This demonstrates how strategic adjustments can yield significant results when financial aid decisions are guided by data, tailored to meet institutional priorities, and aligned to overall enrollment strategies.

    Retention and persistence are critical factors to consider when determining how to optimize financial aid. An effective leveraging model doesn’t stop at enrollment and the conclusion of a successful first year—it considers the long-term success of students. By analyzing which cohorts are more likely to persist and graduate, institutions can refine their aid offerings to improve outcomes for all students. This approach ensures that financial aid strategies not only attract students but also support their success throughout their academic journey.

     

    Aligning Financial Aid With Student Success and Institutional Goals

    Financial aid optimization is a powerful way to make higher education more accessible while helping institutions achieve their objectives. By combining institutional, federal, and state resources with data-driven optimization tools, colleges and universities can craft aid strategies that address affordability, bolster student retention, and maximize their impact.

    Institutions looking to enhance their financial aid and enrollment can benefit from Liaison’s suite of solutions, including Othot. Whether your team is just beginning to explore financial aid leveraging or has years of experience, Liaison’s tools provide the flexibility and insights needed to meet your unique goals. From devising an initial plan to optimizing existing processes, our solutions are designed to assist schools at every stage of their journey. Contact us today to learn more.

     

     

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

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

    “I spent a couple of bucks on legal fees, and they spent a whole lot more. I did it to make his life miserable, which I’m happy about.” — Donald J. Trump

    That is the kind of mindset that lies in wait to ambush First Amendment values. Its aim: punitive. Its logic: force those who disagree with you to pay — literally! Its motivation: intimidation. Its endgame: muzzling critics.

    That kind of mindset is a form of cancel culture, insofar as once such practices are allowed to stand, the net effect is to chill critics into numbing silence.

    “Donald Trump is abusing the legal system to punish speech he dislikes. If you have to pay lawyers and spend time in court to defend your free speech, then you don’t have free speech.” — FIRE attorney Adam Steinbaugh

    As presented, that assertion helps to explain Trump v. Selzer — and a similar suit filed by The Center for American Rights, who are suing The Des Moines Register, its parent company Gannett, and Selzer. The case arises out of a flawed election poll conducted by the noted pollster J. Ann Selzer. As published in The Des Moines Register, she had Kamala Harris leading Donald Trump by three percentage points in Iowa. She was off — way off! Trump won the state by 13 points and then went on to a sizable victory nationwide. Hence, the Center for American Rights’ allegation that Selzer’s poll and the Register’s publication of it were “intentionally deceptive” or done with reckless disregard of the truth — a high bar to meet.

    Though Trump prevailed in the presidential election, and roundly so, he thereafter sought damages for the poll prediction that had him behind. Even after his victory, the very idea of that poll offended him.

    Iowa pollster J. Ann Selzer

    The injury to Selzer’s reputation over the mistaken prediction was not enough. Selzer and the Register found themselves on the wrong end of a lawsuit first filed by Alan R. Ostergren on behalf of the former president and now president-elect. Here are two key parts of what was alleged as a cause of action:

    This action, which arises under the Iowa Consumer Fraud Act, Iowa Code Chapter 714H, including § 714H.3(1) and related provisions, seeks accountability for brazen election interference committed by the Defendants in favor of now-defeated former Democrat candidate Kamala Harris (“Harris”) through use of a leaked and manipulated Des Moines Register/Mediacom Iowa Poll conducted by Selzer and S&C, and published by DMR and Gannett in the Des Moines Register on November 2, 2024 (the “Harris Poll”) (boldness added)

    However, “[i]f there is a bedrock principle underlying the First Amendment, it is that the government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable.” Texas v. Johnson (1989).

    FIRE’s defense of pollster J. Ann Selzer against Donald Trump’s lawsuit is First Amendment 101

    News

    A polling miss isn’t ‘consumer fraud’ or ‘election interference’ — it’s just a prediction and is protected by the First Amendment.


    Read More

    As FIRE’s Adam Steinbaugh and Conor Fitzpatrick have observed:

    The lawsuit is the very definition of a “SLAPP” suit — a Strategic Lawsuit Against Public Participation. Such tactical claims are filed purely for the purpose of imposing punishing litigation costs on perceived opponents, not because they have any merit or stand any chance of success. In other words, the lawsuit is the punishment. And it’s part of a worrying trend of activists and officials using consumer fraud lawsuits to target political speech they don’t like.

    Steinbaugh and Fitzpatrick offer a compelling critique of this lawsuit, why it is statutorily and constitutionally flawed, and why it is more punitive in nature than persuasive in law. Their critique points to the need for a national Anti-SLAPP law similar to the ones that currently exist in some 34 states (Iowa is not one of them).

    FIRE, with Robert Corn-Revere as the lead counsel, is representing Selzer. Revere tagged the Trump lawsuit as “absurd” and “a direct assault on the First Amendment.”

    Screenshot of the front page of the Trump v. Selzer lawsuit

    One need not be called to the witness stand in defense of George Stephanopoulos’ journalism to concede that the former president could well have a basis to seek legal relief against those who actually defame or otherwise cause him cognizable injury (see FAN 451) — or, consistent with Time, Inc. v. Hill (1967), that he might be able to demonstrate a reckless disregard for the truth.

    But Trump v. Selzer is a difficult case to fit into that legal peg. 

    Five Suspect Arguments

    1. The Tale of Two Predictions Argument: In both 2016 and 2020, Ann Selzer predicted Trump’s Iowa victories. In 2024, the Register commissioned her to do another poll and she predicted a Harris victory by a small margin — using the same methodology. Despite this, she and her publisher were slapped with two lawsuits. Can this really be the basis (albeit unstated) for a call to legal action?

    2. The Fraudulent Consumer Fraud Argument: The Iowa consumer fraud law pertains to deceit in the context of the advertisement or sale of “commercial merchandise.” Does polling information check that conceptual box? Is it a commercial “service” in the same way that fraudulently providing home insurance would be? Is the product that a newspaper produces “merchandise” as that word is commonly used? As a matter of statutory construction (duly mindful of overbreadth concerns), should courts conflate laws made to regulate commerce with political speech? Is the legal supervision of the marketplace of goods to be the same as in the marketplace of ideas? To quote Eugene Volokh:

    “I’m far from sure that, as a statutory matter, the Iowa consumer fraud law should be interpreted as applying to allegedly deceptive informational content of a newspaper, untethered to attempts to sell some other product.” 

    3. The No-Guidelines False Political Speech Argument: Once the government has elected to punish political speech by civil or criminal laws, what are the exact guidelines for determining falsity? And how great does such falsity have to be? Are such calls to be made by lawmakers or judges? Of all political figures, Donald Trump should be quite apprehensive of such arguments — given all the false speech he has been accused of disseminating.

    4. The Demand to Punish Newspapers for False Political Speech Argument: If the Press Clause of the First Amendment is to have any functional meaning, and if the era of sedition laws has taught us anything, it is that when it comes publishing political speech a news story is not, generally speaking, to be judged as being the same as the speech of a shyster used-car salesperson. Absent strong safeguards, allowing punitive or treble damages for political speech takes on a dangerous meaning when it comes to the Press. To again draw on Volokh:

    “[T]he First Amendment generally bars states from imposing liability for misleading or even outright false political speech, including in commercially distributed newspapers — and especially for predictive and evaluative judgments of the sort inherent in estimating public sentiment about a candidate.”

    And then there is this argument proffered by Laura Belin:

    “[T]he suit alleges that a story within the newspaper was misleading, therefore making the sale or advertisement of the newspaper misleading. In other words, they are attacking the content of the newspaper, not the sale or advertisement of the newspaper itself. The content of a media source, other than an advertisement for merchandise it might contain, is subject to strong First Amendment protection.”

    Moreover, such lawsuits create “an environment,” said Seth Stern, director of advocacy for the Freedom of the Press Foundation, “where journalists can’t help but look over their shoulders knowing the incoming administration is on the lookout for any pretext or excuse to come after them.”

    5. The Need to Deter “Radical” Pollsters Argument: The complaint seeks the relief it does (injunctive and otherwise) in order “to deter Defendants and their fellow radicals” from continuing to skew “election results.” And if alleged consumer falsity is the norm in the political speech realm (with the requisite intent, of course), will that not have an enormous chilling effect on all election pollsters? And what newspapers or other media outlets would be willing to publish election poll predictions if the liability Sword of Damocles hovered over their heads? And what of those campaigning for political office?

    Related

    Full Disclosure

    Robert Corn-Revere, FIRE’s chief counsel, represented me pro bono in a 2003 petition to the governor of New York to posthumously pardon Lenny Bruce. While FIRE hosts FAN, the content of this newsletter is determined free of any and all influence by FIRE.

    The TikTok case

    The Supreme Court on Friday seemed likely to uphold a law that would ban TikTok in the United States beginning Jan. 19 unless the popular social media program is sold by its China-based parent company.

    Hearing arguments in a momentous clash of free speech and national security concerns, the justices seemed persuaded by arguments that the national security threat posed by the company’s connections to China override concerns about restricting the speech either of TikTok or its 170 million users in the United States.

    Early in arguments that lasted more than two and a half hours, Chief Justice John Roberts identified his main concern: TikTok’s ownership by China-based ByteDance and the parent company’s requirement to cooperate with the Chinese government’s intelligence operations.

    If left in place, the law passed by bipartisan majorities in Congress and signed by President Joe Biden in April will require TikTok to “go dark” on Jan. 19, lawyer Noel Francisco told the justices on behalf of TikTok.

    Forthcoming book on ‘campaign to protect the powerful’

    Book cover of "Murder the Truth: Fear, the First Amendment, and a Secret Campaign to Protect the Powerful" by David Enrich

    The #1 bestselling author of Dark Towers, Enrich produces his most consequential and far-reaching investigation yet: an in-depth exposé of the broad campaign — orchestrated by elite Americans — to overturn 60 years of Supreme Court precedent, weaponize our speech laws, and silence dissent.

    It was a quiet way to announce a revolution. In an obscure 2019 case that the Supreme Court refused to even hear, Justice Clarence Thomas raised the prospect of overturning the legendary New York Times v. Sullivan decision. Though hardly a household name, Sullivan is one of the most consequential free speech decisions, ever. Fundamental to the creation of the modern media as we know it, it has enabled journalists and writers all over the country — from top national publications and revered local newspapers to independent bloggers — to pursue the truth aggressively and hold the wealthy, powerful, and corrupt to account.

    Thomas’s words were a warning — the public awakening of an idea that had been fomenting on the conservative fringe for years. Now it was going mainstream. From the Florida statehouse to small town New Hampshire to Trump himself, this movement today consists of some of the world’s richest and most powerful people and companies, who believe they should be above scrutiny and want to silence or delegitimize voices that challenge their supremacy. Indeed, many of the same businessmen, politicians, lawyers, and activists are already weaponizing the legal system to intimidate and punish journalists and others who dare criticize them.

    In this masterwork of investigative reporting, David Enrich, New York Times Business Investigations Editor, traces the roots and reach of this new threat to our modern democracy. Laying bare the stakes of losing our most sacrosanct rights, Murder the Truth is a story about power — the way it’s used by those who have it, and the lengths they will go to avoid it being questioned. 

    Douek and Lakier vs Volokh on private power and free speech

    New scholarly article on revenge porn and more

    Since our nation’s founding, the private sex lives of politicians have been a consistent topic of public concern. Sex scandals, such as those involving Alexander Hamilton, Bill Clinton, and Donald Trump, have consumed the focus of the public. With the advent of the internet and social media, a new dimension has been added to that conversation: now, details of a politician’s sex life often come accompanied by photo or video evidence. Outside of the election context, when someone shares an individual’s private explicit material without their consent, they have committed the crime of “revenge porn.” 

    Recent high-profile incidents have raised the question of whether the crime of revenge porn can still be prosecuted when the disclosure of private explicit materials involves a political candidate. In the election context, unique First Amendment concerns about chilling political speech result in heightened speech protections. Before prosecuting a case, prosecutors must grapple with the question: Does the First Amendment protect revenge porn when it is used to influence an election? This essay argues that the special First Amendment concerns about elections are diminished in the revenge porn context: the statutes are already tailored to address those concerns, and the state’s independent interest in enforcing revenge porn laws is still compelling. As such, it concludes that the First Amendment should not have extra force in a revenge porn case just because the disclosure occurred in the context of an election.

    New Book on ‘rethinking free speech’

    Book cover of "Rethinking Free Speech" by Peter Ives

    Clashes over free speech rights and wrongs haunt public debates about the state of democracy, freedom and the future. While freedom of speech is recognized as foundational to democratic society, its meaning is persistently misunderstood and distorted. Prominent commentators have built massive platforms around claims that their right to free speech is being undermined. Critics of free speech correctly see these claims as a veil for misogyny, white-supremacy, colonialism and transphobia, concluding it is a political weapon to conserve entrenched power arrangements. But is this all there is to say?

    Rethinking Free Speech will change the way you think about the politics of speech and its relationship to the future of freedom and democracy in the age of social media. Political theorist Peter Ives offers a new way of thinking about the essential and increasingly contentious debates around the politics of speech. Drawing on political philosophy, including the classic arguments of JS Mill, and everyday examples, Ives takes the reader on a journey through the hotspots of today’s raging speech wars.

    In its bold and careful insights on the combative politics of language, Rethinking Free Speech provides a map for critically grasping these battles as they erupt in university classrooms, debates around the meaning of antisemitism, the “cancelling” of racist comedians and the proliferation of hate speech on social media. This is an original and essential guide to the perils and possibilities of communication for democracy and justice.

    ‘So to Speak’ podcast interview with author of ‘Rethinking Free Speech’


    Is the free speech conversation too simplistic?

    Peter Ives thinks so. He is the author of “Rethinking Free Speech,” a new book that seeks to provide a more nuanced analysis of the free speech debate within various domains, from government to campus to social media.

    Ives is a professor of political science at the University of Winnipeg. He researches and writes on the politics of “global English,” bridging the disciplines of language policy, political theory, and the influential ideas of Antonio Gramsci.

    More in the news

    2024-2025 SCOTUS term: Free expression and related cases

    Cases decided 

    • Villarreal v. Alaniz (Petition granted. Judgment vacated and case remanded for further consideration in light of Gonzalez v. Trevino, 602 U. S. ___ (2024) (per curiam))
    • Murphy v. Schmitt (“The petition for a writ of certiorari is granted. The judgment is vacated, and the case is remanded to the United States Court of Appeals for the Eighth Circuit for further consideration in light of Gonzalez v. Trevino, 602 U. S. ___ (2024) (per curiam).”)

    Review granted

    Pending petitions

    Petitions denied

    Last scheduled FAN

    FAN 452: “Stephen Rohde: Federal court rejects lawsuit by Jewish parents and teachers that labelled an ethnic studies curriculum ‘anti-Semitic’ and ‘anti-Zionist’

    This article is part of First Amendment News, an editorially independent publication edited by Ronald KL 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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  • Q&A With Sarah Bednarz of Human Geography

    Q&A With Sarah Bednarz of Human Geography

    Reading Time: 4 minutes

    1. Tell us a little bit about yourself and your background (current title, professional milestones, professional history, education, research works, hobbies, etc.)

    I am retired from Texas A&M University where I was a professor of geography. I also served as Associate Dean for the College of Geosciences for six years. I now live in Albuquerque, New Mexico with my husband who is also a geographer.

    I came into geography because of a deep curiosity about places I lived. As a child, because of my father’s job with Mobil Oil, I moved in the United States and overseas frequently. I always wanted to know “the why of where.” When I lived in New Zealand as a teenager, I discovered geography. The subject answered the questions I had about people, places, and environments. I majored in it in college (Mount Holyoke College) and after receiving an M.A. in Teaching (University of Chicago), I taught middle and high school for 14 years in Illinois and Texas.

    I loved teaching geography and felt passionately about its value to students in building key citizenship skills, but developed a concern about learning. What could I do to better help my students learn to think geographically? This led me to complete a Ph.D. in geography emphasizing education. My career as a geography educator has led to many great adventures and projects working to enhance the quality and quantity of geography education in K-12 and higher education. Despite retirement I continue to research and work particularly with early career faculty on teaching and learning issues. Travel, knitting, and hiking are my fun activities.

    1. What was your driving force behind the creation of Human Geography: A Spatial Perspective, and what aspects of this inaugural edition are you most passionate about?

    I had the privilege to work with an inspiring set of authors. Each of us had something special we emphasized. My particular passion was to feature the work of a range of geographers in the book, matching their research to the topics discussed, linking the actual work of geographers to teaching introductory human geography. I like to think of the book as less of a textbook and more of a view into the scholarship and scholarly achievements of geography.

    1. Human geography encompasses such a vast array of topics and cultures. In what ways does your textbook offer something unique and differentiating to the field?

    Our philosophy was to blend and emphasize two of the great traditions of geography — human-environment interaction and spatial analysis — to organize the content. As a professor, I always taught this course as the story of a few key concepts which can explain how the world works. We each have to develop a grand narrative and tell a story to help students also make sense of the ways that geographers see the world. It is a challenge — our students are used to thinking chronologically, not spatially. But acquiring that spatial habit of mind is very powerful. I hope the book supports students in this endeavor.

    1. Given the ever-evolving nature of human geography, how does your textbook discuss the complexities of current events and modern issues to remain relevant and impactful for students, and what are they?

    I think by emphasizing key concepts and principles of geography, students can acquire a framework that explains the key processes at work in the world today and the spatial patterns produced by those processes. It is up to instructors to present local and timely examples that support students in seeing the relationships between global trends and local conditions and events.

    1. How do you see this textbook deepening students’ understanding and fostering a more active engagement with its core concepts?

    Clearly the work of the featured NatGeo Explorers is inspiring and motivating. Their work connects the concepts of geography with real-world discoveries and provides examples of the power of geographic analysis.

    1. With learners from diverse academic backgrounds, how does your text accommodate both those specializing in geography or earth science, and those encountering it through general education?

    Geography is what is called a discovery major, that is, very very few students come to higher education committed to majoring in the subject. But that first introductory course, taught by a passionate and skilled instructor, can capture the imagination and interest of some who find that the subject has great explanatory power and is compelling. We designed this book to be accessible to a range of learners, with stunning visuals, clear writing, and intriguing features.  The intent is to provide a solid foundation for the general education student and be a tool to recruit the next generation of geographers.

    1. What do you hope instructors will take away from this textbook that will enhance their teaching?

    Featuring the work of contemporary explorers illustrates ways that faculty can connect exciting scientific discoveries with foundational concepts of geography. A second innovation that can transfer into the pedagogical practices of instructors is the use of the research of contemporary geographers.

    1. Lastly, what do you hope is the most significant takeaway students will carry with them after using your textbook?

    That geography’s unique and particular perspectives on the world can provide them with the knowledge, skills, and attitudes to make them better citizens and everyday decision-makers. Geography has tremendous intellectual and practical value, and I want more students to take advantage of this powerful subject.

     

    Sarah Witham Bednarz is a Professor Emerita of Geography and past President of the American Association of Geographers. She served as Associate Dean for Academic Affairs in the College of Geosciences, Texas A&M University, from 2008 to 2014 and as Principal Investigator on two major curriculum and educational research projects. Recently she cochaired the Geography Education Research Committee (GERC) of the 21st Century Road Map for 21st Century Geography Education Project.

     

    Want to know more about “Human Geography: A Spatial Perspective” by Sarah Witham Bednarz, Mark Bockenhauer and Fred Hiebert?  Explore this first edition here.

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  • Beyond the Rhetoric: Mexico’s Higher Education Reality with Alma Maldonado Maldonado

    Beyond the Rhetoric: Mexico’s Higher Education Reality with Alma Maldonado Maldonado

    Hi everyone. I’m Alex Usher, and this is the World of Higher Education podcast. If you’re a really faithful listener, you may remember that when the show was in beta and we were fooling around with formats and guests, we did an episode about Mexican higher education and its tribulations under the populist president Andres Manuel Lopez Obrador or AMLO for short.

    Our guest that day was my friend, Alma Maldonado Maldonado, an education researcher at Cinvestav, which is the Center for Research and Advanced Studies of the National Polytechnic Institute. That interview was so brilliant, we turned this podcast into a full-time investigation of higher education developments in various countries around the world.

    Today, Alma’s back with us again to talk about how things have and have not changed in Mexico over the past two years. The big story there is that there’s a new president in town. Last spring, Claudia Sheinbaum became the country’s first ever woman president. One who happens to have a PhD in engineering with a specialty in energy and sustainability.

    You’d think that might be an advantage to a higher education sector, but Scheinbaum comes from AMLO’s Morena party and her instincts seem to be to continue her predecessor’s tradition of attacking higher education as being a dissolute elite enterprise.

    So what does this mean for Mexican higher education? Well, in general, it’s not good. Alma takes us through the implications of Morena’s supermajority in Congress, as well as its early attempts to put fiscal pressure on universities, and its continued fascination with the experimental and kind of shambolic Benito Juarez universities.
    Spoiler alert, there are not a lot of silver linings in this story, either for public or private sector universities in Mexico. But enough from me, let’s hand things over to Alma to explain.


    The World of Higher Education Podcast
    Episode 3.16 | Beyond the Rhetoric: Mexico’s Higher Education Reality with Alma Maldonado Maldonado

    Transcript

    Alex Usher (AU): Alma, almost two years ago, then-President López Obrador had about a year and a half left in his mandate and was essentially at war with the university sector and the scientific community. How did his administration end with respect to higher education? Did anything change? Did things get better or worse in his final months? Were there any significant policy shifts we should know about?

    Alma Maldonado Maldonado (AMM): Hi Alex, thanks for inviting me. It’s a pleasure to be here. Well, I think most things didn’t change. Essentially, everything stayed the same. His rhetoric and narrative against higher education institutions, against graduates from abroad, and especially against UNAM, continued until the end of his term, unfortunately.

    There wasn’t anything that made him change that rhetoric. One reason for this is that he had political capital—he knew his base supported him fully. So, why change something that was working for him? On the contrary, the attacks on universities and the restriction of resources continued right until the end.

    AU: So, nothing was resolved. But earlier this year, there were elections for the presidency and both the Chambers of Deputies and the Senate. Did higher education play any role in that election? Were there significant policy differences between the parties?

    AMM: Not really. Education didn’t feature much in the campaign—similar to what we see in the U.S. It just wasn’t important. There were only a few mentions here and there about education, but in general, it wasn’t a key part of any campaigns.

    What we did see, unfortunately, was this sort of competition around scholarships. One candidate would say, “I’ll offer scholarships for secondary education,” and the other would respond, “Well, I’ll offer scholarships for secondary, but also primary, and even preschool!” That was the extent of the debate around education policy between the two main candidates. I’m not surprised but it was very disappointing because in a country like Mexico, where education can be a major driver of social change, it wasn’t given the attention it deserves.

    AU: The winner of the election was Claudia Sheinbaum of the Morena party, the same party as López Obrador. But she has a somewhat different image—she’s a scientist with an advanced degree from UNAM, a doctorate, I think. Does her presidency signal any kind of shift for higher education?

    AMM: It’s complicated. On paper, yes, she’s better. She has a PhD from UNAM and worked as an academic—one of the few cases where an academic has become president. Not the first, of course, but still, it’s notable.

    She has a pro-science and pro-higher education rhetoric, especially given her background in the student movement at UNAM in the 1980s. She fought alongside people like Emanuel Ordorica, Carlos Simas (her former husband), and Antonio Santos. She wasn’t a leader in that movement, though now some are rewriting history to present her as one.

    Her narrative emphasizes free higher education and the idea that education is a right, not a privilege. But since she took office a few months ago, we haven’t seen much change in terms of the most important issue—financing. It’s clear: follow the money.

    In the initial draft of the national budget, the funding for UNAM and other major universities was cut. Later, the government said, “Oh no, it was a mistake. We didn’t mean to cut the budget. Sorry, let’s fix it.” Imagine—someone who champions free higher education putting universities in that position. It’s a contradiction.

    AU: She has large majorities in both chambers of parliament, so she has significant power to implement her agenda. Why do you think she proposed cuts to education funding initially?

    AMM: Well, because she’s seen as the president of higher education and science. Reducing the budget as her first move would’ve been disastrous for her image.

    But you’re right—she has total control of Congress and the Senate. Right now, she’s focused on other reforms, particularly in the judicial system, and she’s changing a lot of laws. Education isn’t on the map because López Obrador already changed the Constitution’s third article, which governs education. There’s no immediate need for her to revisit it.

    AU: Let’s circle back to the budget cuts. Last month, the proposed budget included a cut of 10 billion pesos—about 500 million U.S. dollars—to higher education, with half of that falling directly on UNAM. There was significant outcry, and she backtracked somewhat. Do we know how this will end up? Will the universities be held whole, or are cuts still coming?

    AMM: They decided to reorganize the budget, but now they’re cutting other areas instead. Unfortunately, that includes initial education and other sectors. They also cut the Senate’s budget, which has caused disputes.

    In terms of higher education, they’ve claimed that funding will remain the same as last year, with a slight adjustment for inflation. But the adjustment is minimal—about 3%—while experts estimate inflation at around 5% but they’re just adding 3%. So, effectively, there’s still less money to spend. There’s less money for infrastructure, materials, and other essentials. Universities are in a slightly better position than they were a few weeks ago, but the situation remains difficult. The contradictions in her policies have drawn a lot of criticism.

    AU: Why was so much of the proposed cut targeted at UNAM? Was it deliberate? Is there animosity toward the university?

    AMM: There’s speculation about that. Some believe it was a punishment for UNAM’s independence, particularly regarding topics like judicial reform. UNAM has maintained a critical stance, which Morena and Claudia don’t like.

    Let’s not forget that one of the first things López Obrador did when he came to power six years ago was to modify the Constitution’s third article, removing university autonomy. When there was backlash, they said, “Oh, it was a mistake. We didn’t mean it.” But there have been many such “mistakes.”

    AU: Going back to AMLO, he also set a goal of increasing enrollment by 1.5 million students while also underfunding institutions at the same time. How did that play out? Did he reach that goal? How did the funding play into the final result?

    AMM: Currently, enrollment coverage in higher education is about 44%—very low compared to other Latin American countries. AMLO’s goal was to reach 50%, but he fell short.

    Now, Claudia Sheinbaum is aiming for 55%. I don’t think that’s realistic. The common system in Mexico is to add 5% on any policy, even if the last one isn’t achieved. To achieve that, they’d need to add about 1.2 million students, which isn’t feasible with the current system.

    The problem is that the educational spaces being created aren’t in the places where students want to go. There’s a clear contradiction between their enrollment goals and actual planning.

    AU: Part of AMLO’s strategy was the Benito Juárez Universities—small, access-oriented institutions in remote areas. You previously described them as “Potemkin institutions.” What’s the current situation? Will Sheinbaum continue with this policy?

    AMM: Yes, she’s continuing the project. But as I’ve said before, it remains very obscure. We don’t know who attends these universities, who teaches there, or what students are learning. I have a student doing their master’s dissertation on these universities, and they can’t get access for research.

    Sheinbaum recently announced plans to open 50 more. But we don’t even know what’s happening with the existing 140—or whether that number is accurate. There have been protests at these universities over issues like unreceived degrees and inadequate resources. I wouldn’t be surprised that Colombia would adopt them because they’re friends of Claudia. The idea is that these institutions could increase 40,000 new spaces. While they’re meant to provide education in remote areas with programs tailored to local communities, they’re not addressing the larger participation gaps.

    AU: We’ve been talking mainly about the public sector, but what about the private sector? Institutions like Tecnológico de Monterrey are highly regarded. How does the disarray in the public sector affect them? Does it make them stronger?

    AMM: I think they are struggling too, but we need to distinguish between the high-prestige institutions and the low-prestige ones. So, let’s start with the high-prestige institutions like Tecnológico de Monterrey or Universidad Autónoma de Guadalajara.

    They are struggling financially, particularly because some scholarships they used to receive for graduate programs have been eliminated. For example, many students in their graduate programs previously got scholarships from the National Science and Technology Council. But now, under the current rhetoric, those scholarships are only being given to students in public institutions.

    This has forced high-prestige private institutions to get more creative with their resources to maintain their programs.

    On the other hand, there are low-prestige private institutions, some of which are as bad as the Benito Juárez Universities. They lack quality, but the government lets them operate because they solve a demand problem. Parents want their kids to attend college, and these institutions offer that possibility, even if the education isn’t great. Families make sacrifices to pay for these degrees because, in their minds, a degree is still a degree.

    And then, in the middle, there are institutions that are more decent in terms of quality. But the big question is: who ensures the quality of these institutions? That’s been a longstanding issue, and it hasn’t improved under the current government.

    AU: It’s a classic trade-off we see in many countries. Alma, we’ve covered a lot of doom and gloom. Are there any bright spots you foresee for 2025?

    AMM: I wish I could say I see more positive things coming, but honestly, I don’t. A big part of my concern is tied to North America and what a Trump presidency could mean for Mexico. If he returns to power, we’re likely to face serious challenges around migration and broader U.S.-Mexico relations.

    It’s really sad that Mexico didn’t take advantage of opportunities to strengthen ties with the U.S. while Biden was in office. There could have been agreements, collaborations, and advancements, but those didn’t materialize.

    In the face of all this, creativity will be key. Maybe we’ll see new programs to support migrants with higher education degrees who end up staying in Mexico. It’s critical that we do better this time than we did during the Dreamers situation. But honestly, I’m not confident that the government is prepared to handle these challenges effectively. So, unfortunately, I don’t see much good news ahead.

    AU: Well that’s a good reminder that international affairs do intrude on higher education affairs sometimes. Alma, thanks for being with us.

    AMM: Thank you very much, Alex.

    AU: And thank you to our excellent producers, Tiffany MacLennan and Samantha Pufek. If you have comments or questions, reach out at [email protected]. Don’t forget to subscribe to our YouTube channel. Join us next week when Michael Shattock will discuss governance in European universities. Bye for now.

    *This podcast transcript was generated using an AI transcription service with limited editing. Please forgive any errors made through this service.

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  • What a peaceful transition of power looks like

    What a peaceful transition of power looks like

    On 20 January, Donald Trump will take the office of president of the United States for the second time. It remains to be seen how this second term — interrupted by the four-year term of Joe Biden — will play itself out. 

    The first time around, President Barack Obama had left Trump a relatively stable nation and world. Trump’s term proved so disruptive, 41 of his 44 top aides, including his own vice president, refused to back him for a return to office. The next four years are likely to be a bumpy ride.

    Americans have long prided themselves on the peaceful transition of leadership.

    Traditionally, on the morning of the transfer of power, the outgoing president meets with the incoming president for coffee at the White House, they share a ride to the Capitol, trade places and say goodbye. Trump scorned that tradition by flying home to his Mar-a-Lago club in the state of Florida a few hours before the inauguration.

    Before Trump, outgoing presidents tried to ease the transition by leaving notes offering advice and best wishes to their successors in the top drawer of the desk in the Oval Office. George H.W. Bush’s note to Bill Clinton, with whom he’d waged a bare-knuckles election campaign a few months earlier, was especially gracious. 

    “I wish you well. I wish your family well. Your success now is our country’s success. I am rooting hard for you,” Bush wrote.

    Peaceful transition signals a healthy democracy.

    The tradition of a peaceful transfer of power, which dates back to George Washington, crumbled four years ago when Trump, refusing to accept the voters’ rejection of his bid for another four years of office in the 2020 U.S. election, inspired an angry mob to storm the halls of Congress. Their aim was to block certification of Joe Biden’s election to succeed Trump, something that is generally considered a formality. The would-be insurrection failed.  

    Trump is now poised to again assume the highest office in the United States. To the surprise and disappointment of nearly half the country, he narrowly prevailed over Biden’s vice president, Kamala Harris, in last November’s bitterly contested presidential race. Bowing to tradition and a sense of decency, Harris conceded the election.

    “A fundamental principle of American democracy is that when we lose an election, we accept the results,” Harris said in her concession speech. “That principle, as much as any other, distinguishes democracy from monarchy or tyranny.” 

    The current transfer of power has proceeded peacefully and the inauguration itself is expected to follow the historic norm.

    While the transfer is usually thought to include just a few procedural events and the presidential oath-taking, it consists of much more and begins almost immediately after voters cast their ballots in the fall. 

    Handing over the reins of power

    If the election winner is new to the office of president, they and their team are briefed on issues and challenges they’ll face and undergo background checks to assure their avoidance of conflicts of interest and qualification to handle sensitive information.

    Normally, the focus of a transition is on appointments to top government positions and on policy changes. 

    With the Trump transition, both have been controversial. Some of the people he’s chosen for some of the most critical jobs are far out of the U.S. political mainstream. And some of the policies he says he intends to pursue — a massive nationwide roundup and deportation of illegal immigrants, the annexation of Greenland and a takeover of the Panama Canal to mention a few — are raising alarms in the United States and abroad.

    With the recent passing of former President Jimmy Carter, I can’t help remembering a time of sharp contrast to the one we are in now. 

    The 20th of January 1981 was one of the more memorable days in U.S. history. Carter had lost his bid for reelection in large part because he had been unable to secure the release of 53 U.S. diplomats and citizens who’d been held hostage in Iran for more than a year. He’d been up until 4 a.m. that day trying to sew up a deal for their release.

    It was almost done but still incomplete as he and incoming president Ronald Reagan rode up Pennsylvania Avenue together for the inaugural ceremony in a big black armored presidential limousine known as “The Beast.”

    Front row seat to a presidential transition

    I was one of the newsmen covering Carter that day. So I got a firsthand view of how the transfer of power unfolded. When we reached the U.S. Capitol, one of the television networks aired a report that the hostages had been freed. It was premature. 

    In a final indignity to Carter, the Iranians waited until minutes after Reagan was sworn in to let an Algerian aircraft chartered to bring the hostages home take off.

    What the new president said in his inaugural speech was all but lost in the celebrations over the end of the hostage ordeal. Once the formalities were over, Carter and his entourage — his wife Rosalynn, family members, top aides and a small group of reporters — walked to a small motorcade waiting outside the Capitol building. 

    In place of “The Beast” and a long trail of support vehicles was a small sedan and several vans. We slowly made our way to Andrews Air Force Base in the Maryland suburbs of Washington D.C. where a military transport plane waited to take Carter home to Georgia. 

    Although it was the same plane he’d flown on as president, its radio call sign was no longer “Air Force One.” Now it was identified as “Special Air Mission” followed by the aircraft’s tail number, “Twenty-Seven Thousand.” Reagan was president. Carter was history.

    Before turning south, the plane flew over the White House and dipped a wing. Many aboard were in tears. But the tears turned to laughter when a young Carter aide, Philip Wise, humorously borrowed a line from Dr. Martin Luther King Jr., the martyred U.S. civil rights leader. “Free at last, free at last. Thank God almighty, we are free at last,” Wise shouted.

    Witnessing the most powerful office in the world change hands was like living a real-life version of the storybook “Cinderella” and seeing the coach turn into a pumpkin.

    Having witnessed so many times in so many places where a change at the top was brought about by armed conflict or a military coup, this turnover from Carter to Reagan showed the world the power of a peaceful transition.


     

    Three questions to consider:

    1. Can you think of a recent changeover from one national leader to the next that wasn’t peaceful?
    2. If a new leader is appointed by the old one without an election, would you consider that a peaceful transition of power?
    3. If you were in an important leadership position, do you think you would find it difficult to step down?


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  • New York governor proposes free community college initiative

    New York governor proposes free community college initiative

    During her State of the State address on Tuesday, New York governor Kathy Hochul announced a plan to make community college tuition-free for residents pursuing associate degrees in certain high-demand fields. 

    The program would be open to adults aged 25 to 55 pursuing degrees in nursing, teaching, technology fields and engineering. If enacted, it could take effect as early as this fall and cover tuition, fees and textbook costs for students attending State University of New York and City University of New York community colleges. Hochul also proposed the creation of new apprenticeship programs for similar high-demand jobs. 

    Currently, New York students from families making under $125,000 can attend SUNY and CUNY schools tuition-free, regardless of their degree program. For most of its nearly 200-year existence, all CUNY schools were free for New York residents to attend. That policy was abandoned after the 1976 city financial crisis.

    In recent years, a number of states have enacted free tuition initiatives targeted to midcareer adults and aimed at boosting employment in specific high-demand jobs. Massachusetts’s new MassReconnect program led to a surge in community college enrollment last year, and Michigan enacted a similar plan last summer.

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  • Biden administration discharges $4.5B in loans for Ashford students

    Biden administration discharges $4.5B in loans for Ashford students

    The Education Department is discharging any remaining loans for more than 260,000 borrowers who attended Ashford University and will move to bar a key executive at Ashford’s former parent company from the federal financial aid system, the agency announced Wednesday.

    The agency’s action, totaling $4.5 billion, builds on an August 2023 decision to forgive $72 million in loans for 2,300 former Ashford students after finding that the college repeatedly lied to them about the cost, time requirement and value of its degree program. The discharges through the department’s borrower-defense program are among the largest in the program’s history. Wiping out the loans for Corinthian College students cost the department $5.8 billion, while the discharges for former ITT Technical Institute students totaled $3.9 billion.

    The University of Arizona acquired the predominantly online institution Ashford in 2020 and rebranded it as the University of Arizona Global Campus. At first, the university partnered with Zovio Inc., a publicly traded company that owned Ashford, to run the rebranded entity but decided in 2022 to buy Zovio’s assets. The University of Arizona has since moved to completely absorb the online campus.

    Borrowers who attended Ashford from March 1, 2009, through April 30, 2020, are eligible for relief.

    “Numerous federal and state investigations have documented the deceptive recruiting tactics frequently used by Ashford University,” said U.S. under secretary of education James Kvaal in a statement. “In reality, 90 percent of Ashford students never graduated, and the few who did were often left with large debts and low incomes. Today’s announcement will finally provide relief to many students who were harmed by Ashford’s illegal actions.”

    The Biden administration has forgiven $34 billion via borrower defense for 1.9 million borrowers, the department said.

    But forgiving loans for Ashford students isn’t enough for the department. Officials proposed a governmentwide debarment of Andrew Clark, who in 2004 founded Bridgepoint Education, which later became Zovio. He stepped down in March 2021.

    The debarment would mean Clark could no longer be employed in any role at any institution that receives funding from Title IV of the Higher Education Act of 1965, which authorizes federal financial aid programs, for at least three years.

    “The conduct of Ashford can be imputed to Mr. Clark because he participated in, knew, or had reason to know of Ashford’s misrepresentations,” the department said in a news release. “Mr. Clark not only supervised the unlawful conduct, he personally participated in it, driving some of the worst aspects of the boiler-room-style recruiting culture.”

    The department’s Office of Hearings and Appeals has final say on whether to debar Clark, who can contest the decision.

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