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  • Federal Judge Strikes Down Biden Administration’s Title IX Rule

    Federal Judge Strikes Down Biden Administration’s Title IX Rule

    by CUPA-HR | January 9, 2025

    On January 9, a federal judge in the Eastern District of Kentucky Court vacated the Biden administration’s Title IX regulations. The order strikes down the regulations nationwide, reverting enforcement back to the 2019 Title IX regulations set by the Trump administration.

    Background

    The Biden administration’s Title IX final rule was released in April 2024 and was set to take effect on August 1, 2024. Soon after the rule was published, several states filed legal challenges against it, resulting in preliminary injunctions that blocked the rule from taking effect in 26 states and hundreds of schools in other states that did not challenge the regulations.

    The Biden administration appealed the preliminary injunctions to the Supreme Court, requesting that the court limit the scope of the preliminary injunctions placed by the lower courts to block only those provisions that related to gender identity. They argued that the lower courts’ decisions to grant the preliminary injunctions were based on concerns with the expanded protections for transgender students and that other provisions like the new grievance procedures and training requirements set forth by the final rule should be able to take effect. The Supreme Court ultimately rejected the Biden administration’s request, arguing that the gender identity provisions were “intertwined with and affect other provisions of the rule.”

    District Court Judge’s Ruling

    In the ruling that vacates the rule nationwide, the federal judge stated that the Biden administration’s Title IX rule is unlawful because Title IX’s prohibition on sex discrimination does not include the scope laid out in the regulations, which include expanded protections for pregnancy or related conditions, gender identity and sexual orientation. The order also states that the rule violates the First Amendment and that it is “arbitrary and capricious.”

    Looking Ahead

    The judge’s order almost certainly ends any hopes for the Biden administration’s Title IX regulations to take effect nationwide. The Biden administration may decide to appeal the decision to a higher court, but efforts to reinstate the rule will likely be unsuccessful given the few days they have left in office and the incoming Trump administration’s unwillingness to defend the rule in court. Alternatively, the Trump administration may seek to update their 2019 Title IX regulations, though any urgency to do so may be diminished now that the 2019 regulations are back in place.

    CUPA-HR will continue to monitor for Title IX updates and keep members apprised via Washington Insider Alert emails and the blog.



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  • Federal judge throws out Biden’s Title IX overhaul

    Federal judge throws out Biden’s Title IX overhaul

    Updated at 6:30 p.m. Jan. 9

    A years-long effort to change how colleges respond to reports of sexual harassment and discrimination and to expand protections for transgender students is dead after a federal judge ruled Thursday that the Biden administration’s overhaul of Title IX of the Education Amendments of 1972 was unlawful.

    The court order vacates the rule nationwide and could create more confusion for colleges as they seek to move forward without running afoul of the federal gender equity law. The Title IX changes were already on hold in 26 states and at hundreds of colleges, thanks to a series of lawsuits from 26 Republican attorneys general. Thursday’s order is the first final ruling in those cases and was part of a lawsuit brought by Indiana, Kentucky, Ohio, Tennessee, Virginia and West Virginia.

    Republican lawmakers and state officials celebrated the ruling as a victory for women and girls while advocates for LGBTQ+ students criticized the decision as an attack on transgender students. The Biden rule allowed students to use the bathrooms and locker rooms that align with their gender identity.

    Chief Judge Danny Reeves of the U.S. District Court for the Eastern District of Kentucky, who previously criticized the rule, wrote in a 15-page opinion that the regulations suffer “significant constitutional infirmities.” For instance, using the wrong pronouns for a student could be considered harassment under the rule. That provision “offends the First Amendment,” wrote Reeves, a George W. Bush appointee.

    “As expected, courts have continued to find it impossible to justify the Biden administration’s changes to Title IX rules eviscerating students’ speech and due process rights,” said Tyler Coward, lead counsel for government affairs at the Foundation for Individual Rights and Expression, a free speech and civil liberties advocacy organization.

    The ruling is the latest legal setback for Biden’s higher ed agenda, which hasn’t fared well in federal court.

    ‘Back in Time’

    Colleges and universities will now revert to the previous Title IX rule, which took effect in summer 2020 during the first Trump administration. Those regulations required colleges to hold live hearings with an opportunity for cross-examination to allow those accused of sexual misconduct to confront their accusers—a provision the Biden rules nixed. Additionally, the 2020 regulations defined sexual harassment more narrowly than the Biden Title IX rule.

    “Fitting, I guess—everything’s going back in time four years,” said Brigid Harrington, a higher education attorney at Bowditch & Dewey who focuses on compliance with civil rights laws. “Schools that had been enjoined were already there, so it doesn’t change things for many.”

    Colleges don’t have to throw out all their new policies related to harassment and discrimination; they can keep the parts that don’t conflict with the 2020 rule. For example, under the 2024 regulations, colleges must give pregnant students notice of their rights, and the 2020 rule doesn’t prevent a college from doing so. (Reeves didn’t take issue with the pregnancy provisions but said, “It simply is not proper for the court to rewrite the regulations by excising the offending material.”)

    Thursday’s ruling wasn’t a complete surprise for colleges and universities, considering the injunction and upcoming change in administrations. Andrea Stagg, director of consulting services at Grand River Solutions, a company that works with colleges on Title IX and other issues, said that colleges already have started talking about what to change in their policies and what to keep.

    Still, reimplementing the 2020 regulations will mean retraining and re-educating students, staff and faculty about the changes.

    “It’s very complicated, expensive and exhausting … and folks don’t have the resources,” she said. “For a field that already experiences a ton of burnout … it’s demoralizing to work so hard and then have the rules change on you.”

    Several other lawsuits challenging the rule are still pending, and the Biden administration could appeal the decision to the U.S. Court of Appeals for the Sixth Circuit, so Thursday’s decision may not be the end of the legal battle over Title IX. The Education Department could not be reached for comment Thursday because the offices were closed in commemoration of former president Jimmy Carter’s passing.

    “I don’t think this is the last that we’re going to hear of this,” said Harrington. “I think that civil rights are going to be a big topic for the next four years.”

    A Repudiation or an Attack?

    Republican attorneys general who sued the Biden administration and conservative advocates who criticized the rule celebrated the judge’s decision “as a massive win” and a sign that “common sense is slowly returning.”

    “The court’s ruling is yet another repudiation of the Biden administration’s relentless push to impose a radical gender ideology through unconstitutional and illegal rulemaking,” Tennessee attorney general Jonathan Skrmetti said in a statement. “Because the Biden rule is vacated altogether, President Trump will be free to take a fresh look at our Title IX regulations when he returns to office [Jan. 20].”

    President-elect Donald Trump has criticized Biden’s Title IX changes, and many experts expect him to issue new regulations that are more conservative than his 2020 rule, especially concerning LGBTQ+ students.

    Congressional Republicans, who sought to overturn the Title IX rule, also praised the ruling and pledged to protect educational opportunities for women and girls. Passing legislation that would prevent transgender students from participating on the sports team consistent with their gender identity is a top priority for the House.

    “It is clear the Biden-Harris administration completely lost its way on Title IX,” said Louisiana senator Dr. Bill Cassidy, the chair of the HELP committee, in a news release. “They betrayed the original intent of Title IX by removing longstanding protections that ensured fairness for women and girls.”

    Representative Tim Walberg, the Michigan Republican who chairs the House Committee on Education and the Workforce, said that Biden’s proposed rewrite “would have undermined safety, freedom and fairness for women.”

    Meanwhile, advocates for LGBTQ+ students and those who experience harassment or sexual violence described the ruling as an attack on trans students and others that would impact their educations.

    “With these protections already removed in some states, students who experience sexual assault have had their complaints dismissed, or worse, been punished by their schools after reporting; pregnant students have been unfairly penalized for taking time off to give birth to a child; and LGBTQI+ students have faced vicious bullying and harassment just for being who they are,” said Fatima Goss Graves, president and CEO of the National Women’s Law Center.

    Tracey Vitchers, executive director of It’s On Us, a national organization working to combat campus sexual assault, took issue with claims that overturning the Biden rule would protect women and girls.

    “The 2020 regulations did well-documented harm to the safety of women and girls by making it more difficult to report and obtain justice if they experience sexual violence in school,” she said. “If preserving the rights and safety of women and girls was the actual litmus test for today’s decision, the judge would have chosen to uphold Biden’s rule. Instead, the safety of women and girls is being weaponized to discriminate” against trans people.

    Vitchers added that while Title IX is important, colleges are required under state and federal laws to respond to reports of harassment and address student safety.

    “Institutions are going to have to find ways to be creative to uphold the rights and safety of students on their campus under this new environment,” she said. “If Title IX is going to continue to be this horrible political football it has turned into, we need to see schools invest in evidence-based approaches to sexual violence prevention, because the ultimate goal is to ensure students have an education free of sexual violence.”

    Jessica Blake contributed to this report.

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  • A Novel Approach to Intro Engineering

    A Novel Approach to Intro Engineering

    Reading Time: 2 minutes

    The new first edition of “Discovering Engineering Design in the 21st Century: An Activities-Based Approach” is a practical and applied introduction to the engineering needs of today’s world. By integrating practical activities, sustainability principles, and cross-disciplinary insights, this companion guide prepares students to think critically and creatively about the challenges they will face as engineers in the modern era.

    A Hands-On Approach to Learning

    Research shows that engineering students learn best when they can connect theoretical concepts to real-world applications. Written by Professor Brad Striebig of James Madison University, this curriculum-based intro engineering text bridges the gap between foundational knowledge, traditional engineering skills, and hands-on experiential learning. The author focuses on applying engineering principles to real-world design and problem analysis. It includes specific step-by-step examples and case studies for solving complex conceptual and design problems in several different engineering fields.

    This textbook applies the principles of sustainable design with real-world issues in both developed and developing countries, serving as a companion guide for students as they embark on their exploration into the engineering profession. It emphasizes key steps in engineering solutions, including translating societal needs into infrastructures, products, practices, and processes. It also communicates the long-term impacts of these solutions to society and works to prepare the next generation of engineers with the breadth of skills needed to address complex environmental problems.

    Through integrative analysis and sustainable design methods, students will engage with these essential concepts chapter by chapter, as they engage with the pressing issues facing this generation of engineers.

     

    Meet the Author

    Professor Brad Striebig, Professor of Engineering, James Madison University, Harrisonburg, Virginia

    Dr. Striebig earned his PhD from Pennsylvania State University. He is a founding professor of the engineering program at James Madison University and previously taught engineering at Gonzaga University and Pennsylvania State University. Dr. Striebig has served as editor on major journals in environmental engineering and sustainable development. He has led major, funded, award-winning research activities focused on working with developing communities and natural treatment systems. He has published two textbooks on sustainability and engineering and has authored over 100 technical publications, including several book chapters, numerous peer-reviewed journal articles, and peer-reviewed conference proceedings.

     

    Contributing Authors

    The collaborative effort behind this text features contributions from esteemed colleagues at James Madison University. Together, these authors bring a multidisciplinary perspective, ensuring that the text addresses the diverse and interconnected challenges facing today’s engineers.

    Daniel Castaneda, Assistant Professor of Engineering: focuses on the sustainable use of infrastructure materials within diverse societal contexts.

    Jason Forsyth, Associate Professor of Engineering: specializes in wearable computing and safety systems that continuously monitor and protect human life.

    Shraddha Joshi, Assistant Professor of Engineering: explores engineering design, education, and the development of connected products and systems.

     

    Preview Brad Striebig’s first edition intro engineering textbook, “Discovering Engineering Design in the 21st Century: An Activities-Based Approach,” in the Cengage Instructor Center.

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  • Meta’s content moderation changes closely align with FIRE recommendations

    Meta’s content moderation changes closely align with FIRE recommendations

    On Tuesday, Meta* CEO Mark Zuckerberg and Chief Global Affairs Officer Joel Kaplan announced sweeping changes to the content moderation policies at Meta (the owner of Facebook, Instagram, and Threads) with the stated intention of improving free speech and reducing “censorship” on its platforms. The changes simplify policies, replace the top-down fact-checking with a Community Notes-style system, reduce opportunities for false positives in automatic content flagging, and allow for greater user control of content feeds. All these changes mirror recommendations FIRE made in its May 2024 Report on Social Media.

    Given Meta’s platforms boast billions of users, the changes, if implemented, have major positive implications for free expression online.

    FIRE’s Social Media Report

    FIRE Report on Social Media 2024

    Reports

    With as many as 5.17 billion accounts worldwide, social media is the most powerful tool in history for average citizens to express themselves.


    Read More

    In our report, we promoted three principles to improve the state of free expression on social media:

    1. The law should require transparency whenever the government involves itself in social media moderation decisions.
    2. Content moderation policies should be transparent to users, who should be able to appeal moderation decisions that affect them.
    3. Content moderation decisions should be unbiased and should consistently apply the criteria that a platform’s terms of service establish.

    Principle 1 is the only one where FIRE believes government intervention is appropriate and constitutional (and we created a model bill to that effect). Principles 2 and 3 we hoped would enjoy voluntary adoption by social media platforms that wanted to promote freedom of expression. 

    While we don’t know whether these principles influenced Meta’s decision, we’re pleased the promised changes align very well with FIRE’s proposals for how a social media platform committed to free expression could put that commitment into practice.

    Meta’s changes to content moderation structures

    With a candid admission that it believes 10-20% of its millions of daily content removals are mistakes, Meta announced it is taking several actions to expand freedom of expression on the platform. The first is simplification and scaling back of its rules on the boundaries of discourse. According to Zuckerberg and Kaplan:

    [Meta is] getting rid of a number of restrictions on topics like immigration, gender identity and gender that are the subject of frequent political discourse and debate. It’s not right that things can be said on TV or the floor of Congress, but not on our platforms. These policy changes may take a few weeks to be fully implemented. 

    While this is promising in and of itself, it will be enhanced by a broad change to the automated systems for content moderation. Meta is restricting its automated flagging to only the most severe policy violations. For lesser policy violations, a user will have to manually report a post for review and possible removal. Additionally, any removal will require the agreement of multiple human reviewers.

    This is consistent with our argument that AI-driven and other automated flagging systems will invariably have issues with false-positives, making human review critical. Beyond removals, Meta is increasing the confidence threshold required for deboosting a post suspected of violating policy.

    Who fact-checks the fact checkers?

    Replacing top-down fact-checking with a bottom-up approach based on X’s Community Notes feature may be just about the biggest change announced by Meta. As FIRE noted in the Social Media Report: 

    Mark Zuckerberg famously said he didn’t want Facebook to be the “arbiter of truth.” But, in effect, through choosing a third-party fact checker, Facebook becomes the arbiter of the arbiter of truth. Given that users do not trust social media platforms, this is unlikely to engender trust in the accuracy of fact checks.

    Zuckerberg similarly said in the announcement that Meta’s“fact checkers have just been too politically biased, and have destroyed more trust than they’ve created.” 

    Our Social Media Report argued that the Community Notes feature is preferable to top-down fact-checking, because a community of diverse perspectives will likely be “less vulnerable to bias and easier for users to trust than top-down solutions that may reflect the biases of a much smaller number of stakeholders.” Additionally, we argued labeling is more supportive of free expression, being a “more speech” alternative to removal and deboosting.

    We are eager to see the results of this shift. At a minimum, experimentation and innovation in content moderation practices provides critical experience and data to guide future decisions and help platforms improve reliability, fairness, and responsiveness to users.

    User trust and the appearance of bias

    An overall theme in Zuckerberg and Kaplan’s remarks is that biased decision-making has eroded user trust in content moderation at Meta, and these policy changes are aimed at regaining users’ trust. As FIRE argued in our Social Media Report:

    In the case of moderating political speech, any platform that seeks to promote free expression should develop narrow, well-defined, and consistently enforceable rules to minimize the kind of subjectivity that leads to arbitrary and unfair enforcement practices that reduce users’ confidence both in platforms and in the state of free expression online.

    We also argued that perception of bias and flexibility in rules encourages powerful entities like government actors to “work the refs,” including through informal pressure, known as “jawboning.”

    What is jawboning? And does it violate the First Amendment?

    Issue Pages

    Indirect government censorship is still government censorship — and it must be stopped.


    Read More

    Additionally, when perceived bias drives users to small, ideologically homogeneous alternative platforms, the result can damage broader discourse:

    If users believe their “side” is censored unfairly, many will leave that platform for one where they believe they’ll have more of a fair shake. Because the exodus is ideological in nature, it will drive banned users to new platforms where they are exposed to fewer competing ideas, leading to “group polarization,” the well-documented phenomenon that like-minded groups become more extreme over time. Structures on all social media platforms contribute to polarization, but the homogeneity of alternative platforms turbocharges it.

    These are real problems, and it is not clear whether Meta’s plans will succeed in addressing them, but it is welcome to see them recognized.

    International threats to speech

    Our Social Media Report expressed concern that the Digital Services Act — the broad EU regulation mandating censorship on social media far beyond what U.S. constitutional law allows — would become a least common denominator approach for social media companies, even in the United States. Mark Zuckerberg seems to announce his intention to do no such thing, stating he planned to work with President Trump to push back on “governments around the world” that are “pushing [companies] to censor more.”

    While we are pleased at the implication that Meta’s platforms will seemingly not change their free expression policies in America at the behest of the EU, the invocation of a social media company working with any government, including the United States government, rings alarm bells for any civil libertarian. We will watch this development closely for that reason. 

    FIRE has often said — and it often bears repeating — the greatest threat to freedom of expression will always come from the government, and as Zuckerberg himself notes, the government has in years past pushed Meta to remove content.

    When the rubber meets the road

    Meta’s commitment to promote freedom of expression on its platforms offers plenty of reasons for cautious optimism. 

    But we do want to emphasize caution. There is, with free expression, often a large gap between stated intentions and what happens when theory meets practice. As a civil liberties watchdog, our duty is to measure promise against performance.

    Take, for example, our measured praise for Elon Musk’s stated commitment to free expression, followed by our frequent criticism when he failed to live up to that commitment. And that criticism hasn’t kept us from giving credit when due to X, such as when it adopted Community Notes. 

    Similarly, FIRE stands ready to help Meta live up to its stated commitments to free expression. You can be sure that we will watch closely and hold them accountable.

    * Meta has donated to FIRE.

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  • So to Speak: The Free Speech Podcast

    So to Speak: The Free Speech Podcast

    So to Speak: The Free Speech Podcast takes an uncensored look at the world of free expression through the law, philosophy, and stories that define your right to free speech. Hosted by FIRE’s Nico Perrino.

    New episodes post every other Thursday.

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  • Rethinking free speech with Peter Ives

    Rethinking free speech with Peter Ives

    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.

    Enjoying our podcast? Donate to FIRE today and get exclusive content like member webinars, special episodes, and more. If you became a FIRE Member through a donation to FIRE at thefire.org and would like access to Substack’s paid subscriber podcast feed, please email [email protected].

    Read the transcript.

    Timestamps:

    00:00 Intro

    02:25 The Harper’s Letter

    05:18 Neil Young vs. Joe Rogan

    08:15 Free speech culture

    09:53 John Stuart Mill

    12:53 Alexander Meiklejohn

    17:05 Ives’s critique of Jacob Mchangama’s “History of Free Speech” book

    17:53 Ives’s definition of free speech

    19:38 First Amendment vs. Canadian Charter of Rights

    21:25 Hate speech

    25:22 Canadian Charter and Canadian universities

    34:19 White supremacy and hate speech

    40:14 Speech-action distinction

    46:04 Free speech absolutism

    48:49 Marketplace of ideas

    01:05:40 Solutions for better public discourse

    01:13:02 Outro

    Show notes:

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  • Where Canada lies in Global Trends with Alex Usher

    Where Canada lies in Global Trends with Alex Usher

    Happy New Year and Welcome back to the World of Higher Education Podcast! I’m Tiffany MacLennan, your host for the day which means our guest is the one and only, Alex Usher.

    In this episode, we’ll explore key global trends in higher education and then dive into how Canada fits—or doesn’t—within them. From widespread funding challenges to the politicization of universities and the evolving focus on vocational education, we’ll unpack how these issues play out on a global scale and what they mean for Canadian post-secondary sector. Let’s hear from Alex.


    The World of Higher Education Podcast
    Episode 3.15 | Where Canada lies in Global Trends with Alex UsherKelchen

    Transcript

    Tiffany MacLennan (TM): Alex, many of our guests this year discussed how their higher education systems are grappling with significant funding challenges. Can you tell me what some of the issues have been globally? Have there been any places that haven’t been struggling financially?

    Alex Usher (AU): I think in the developed world, you’ve got very similar issues: slow economic growth, price volatility, an aging demographic, and frankly, increasing skepticism about how higher education translates into economic growth. What you’ve seen everywhere, I think, is a weakening in the desire to invest in higher education—certainly compared to where we were 20 years ago. Back then, when global rankings started, everyone wanted to climb higher in the rankings. That reflected a belief by countries that investments in knowledge paid dividends, that more top universities meant a better economy. I just don’t think people believe that anymore. And until that belief comes back, it’s going to be tough to get public funding. Private funding—through higher tuition fees, for example—is still possible, and it works in some places, like China. But in much of Europe, where taxes are high, people feel like they’ve already paid their dues and don’t want to pay tuition fees. In North America, Australia, and the UK, there’s growing skepticism about whether higher education is delivering value for money. The combination of those two have put higher education in a difficult position.

    So, globally, there’s a gap. Universities and academics know what kind of product they’d like to offer the public, but nobody wants to pay for it—either privately or publicly. That gap, I’d say, is about 10-15% in most countries. India and Turkey being exceptions to the rule with recent increases.

    TM: That’s interesting. Are these funding challenges playing out in the same way in Canada, or are there unique factors at play here?

    AU: When it comes to public funding, I think Canada’s pretty much following the global trend. Maybe we’ve defunded institutions a bit more than some other countries, but that’s because we thought we’d found a workaround: international students. I always say public funding of public education is a public good, but foreign funding of public education? That’s a public great. If you can get another country’s middle class to subsidize your middle class’s education, why wouldn’t you do it?

    And that’s what Canada did. We thought that marketization would save us and in marketization, in our case, was largely about internationalization. For a decade, every time governments said, “We’re not investing this year,” institutions said, “That’s fine, we’ll bring in another 10,000 international students.” And it worked—for a while, a decade really. But we weren’t the only ones. The UK, Australia, and the Netherlands became similarly dependent on international students.

    And in all those countries, decades of nimbyism and a failure to build housing eventually hit a breaking point. Housing prices soared, and international students—fairly or unfairly—got blamed for it.

    In Canada, we’ve seen the federal government move to cut international immigration, including reducing the number of international students coming in. That’s caused rental prices to drop for the first time in years. But it’s also exposed the vulnerability of this funding model. You can’t rely on international students forever if the public doesn’t want to pay for higher education.

    TM: One of our past guests, Simon Marginson, has talked extensively about the growing polarization in higher education around the world. We’ve heard about this polarization in the U.S. with the Trump administration, in Russia, and in other places. Can you summarize what this polarization means and how it’s playing out globally?

    AU: I’m not convinced that polarization is the right way to frame it. What we’re really seeing is the increased politicization of higher education, a public good.

    For a long time, the idea was that publicly funded higher education would be responsive to the public. But if the public goes bananas—if they elect fascists—then higher education reflects that. It’s not polarization per se; it’s increased state control over higher education, regardless of how much governments are actually funding it.

    In Canada and the U.S., for instance, governments don’t fund post-secondary education to a huge extent, but they’re exerting more and more influence over it. Meanwhile, in places like China and Russia, we’re seeing autocratic governments tighten their grip on higher education—not because of polarization, but because they see academia as a threat. Putin has been in Russia for 25 years, there’s not a new polarization, he’s now choosing to exert greater state control.

    For years, there was this idea that higher education would democratize these countries. “Educate more people, and they’ll demand democracy.” But it didn’t happen. Instead, higher education made autocrats more aware of the potential for political dissent and using higher education to affect political change, and they’ve responded by cracking down on it.

    I think this trend is almost universal. Governments are less democratic overall because of short time frames. You see it in Canada, where provincial governments increasingly order universities to do things. And next week, Alma Maldonado is going to talk about how a left-wing populist government in Mexico is doing similar things. It’s not a left-right issue—it’s about state control.

    TM: Do you think Canada is more insulated from this politicization, or are we seeing divides within our own higher education system? It’s January 6th right now, Justin Trudeau stepped down about 4 hours ago and we’re going to go into an election. How does this affect the next handful of years in Canadian higher education?

    AU: We’re not insulated from it, but the pressures here are less extreme. For example, the Ontario government made a big deal about free speech on campus six years ago, but all it has amounted to is a two-page report every year from the Higher Education Quality Council of Ontario and nothing else happened. It’s performative but the conservatives are happy because they showed those liberal jerks where to get off, and that’s fine. The right is satisfied with a certain level of performativity.

    You’re seeing it right now in Alberta, there’s been some noise about shutting down equity, diversity, and inclusion (EDI) programs. Calgary and Alberta have rebranded EDI portfolios as “access, community, and inclusion,” but they’re not doing anything fundamentally different, even though they have different letters of the alphabet. Boards and universities know it’s worth being inclusive, and they’re not going to stop doing that.

    So you have to give conservative governments symbolic victories over universities, but they still want their kids to go there. That’s different from the U.S., where we’re seeing a real shift in how Republican families view higher education and how many children, male and female, want to attend university. Here, I think we’ll see culture war issues pop up, but I don’t think they’ll reach U.S. levels.

    TM: Another hot topic on the podcast this year has been the vocationalization of higher education—this push for more work-ready graduates. Is this part of a global trend?

    AU: I’m not actually sure this is a new trend. Since at least the 1960s, as we’ve moved from elite systems of higher education to mass and then universal systems, vocationalization has been part of that shift. Once higher education is no longer a luxury good, it becomes more about what people can get out of it.

    Massification has always been accompanied by vocationalization because most people want to know that what they’re studying will help them get ahead. That’s not new.

    You do hear rhetorical volleys about this, like “We need more plumbers and fewer philosophy grads.” I think Rick Scott might’ve been the one to say that. But you don’t actually see governments translating that rhetoric into significant program changes. What really drives programming shifts is student demand—what applicants choose to study. Which is very different from governments coming in and making these changes. For example, are students less interested in the humanities? Sure. But we still have higher humanities enrollments today than for 99% of human history. They’re not as high as they were in the 1980s or 1990s, but they’re still significant.

    In countries that are newer to mass or universal higher education—like in parts of Africa, Asia, and Latin America—you’re seeing more demand for vocational programs. That’s because it’s not just the upper class going to university anymore. Middle-class and lower-middle-class families want to make sure their investment in education leads to tangible returns, they don’t want to do it just because it’s a nice time.

    So, is vocationalization a global trend? Yes, but it’s been happening for decades. It’s not a new phenomenon.

    TM: In Canada, do you think recent changes to immigration and student work visa policies will shift the balance between vocational and liberal arts education?

    AU: Let me start with vocational education in Canada, because I think it’s one of the best things we do. Over the last 60 years, we’ve built a remarkable system—completely unplanned, of course. Canadians don’t really plan higher education; we stumble into things. But we ended up with a system that offers a lot of options for people who don’t want to go to university or pursue more theoretical studies.

    We’ve created pathways into the middle class through vocational education, which I think is the secret to Canadian egalitarianism. The community college system—whether it’s polytechnics, local community colleges, or CÉGEPs in Quebec—provides young people with opportunities that don’t exist in many countries. And they’re good options that lead to good jobs.

    The problem is, like universities, no one wants to pay for it. Governments don’t seem to understand that not training enough people is part of what’s causing bottlenecks in areas like building things and meeting labour needs. It’s wild—especially in Ontario, where the Ford government has no sense of how this all ties together.

    On the international student front, Canada’s college system has been attractive because it offers a pathway to permanent residency. That’s brought in a lot of international students, and some colleges have benefited immensely—especially those that took full advantage of this, and pigged out. They’ve become incredibly rich, and much of that money has gone into building infrastructure. But now, with changes to immigration and postgraduate work visa policies, we’re going to lose a lot of those students. It’s already starting to hurt.

    In Ontario, for example, international students were cross-subsidizing some of the most expensive programs, particularly in the trades. Without them, it’s going to be tough to keep some of those programs running. We’re going to see closures and cuts.

    Universities, on the other hand, won’t be as affected. Most international students at universities are in business, science, and engineering programs, which are less impacted by the policy changes. But for colleges, especially those that relied heavily on international students, the next few years are going to be very difficult. It’s carnage in the colleges and it’s bad for universities.

    TM: Last question. Which of the recent trends do you think will stick, and what do they mean for the future of Canadian higher education?

    AU: I think most of the trends we’re seeing now will stick around for a few years. I don’t foresee governments suddenly having a revelation and deciding, “We should fund post-secondary education more.” It just doesn’t seem likely. You might see some marginal changes, but they won’t be transformative.

    Take Alberta as an example. Over the next decade, they’re expecting a 30 to 40 percent increase in the youth population. You’d think that would lead to investments in higher education capacity—this is as predictable as it gets with demographics—but it’s not happening. It’s not that they can’t see it; they simply don’t want to spend the money.

    One way Canada stands out, though, is how limited our thinking has become when it comes to skills. The PIAAC data came out recently, but it barely made a ripple. Twenty years ago, governments would have looked at that data and asked, “What skills do our young people need to succeed in the world?” Now, when you mention skills, they only think about trades and healthcare. The broader idea of transversal skills—those that matter for the entire economy, not just specific occupations—has disappeared from the conversation.

    Our policy community in higher education seems to have been lobotomized over the past couple of decades. We’ve stopped focusing on the big issues. That said, when governments are lazy or inattentive, institutions sometimes have the space to innovate. I think we’ll see some exciting developments around teaching, AI, and microcredentials. Maybe not as much as some expect, but more than I would’ve thought a few years ago.

    I also expect shorter university programs to emerge—likely returning to three-year degrees, as we had in the 1980s and 1990s. With labour shortages becoming more acute, institutions won’t be able to keep students for four years anymore. This will take time—probably a decade or so—but I think it’s coming.

    In general, universities are going to need to focus more on labour market outcomes, skills, and efficiency. Students will likely appreciate this shift, especially if institutions start respecting their time more. But it’s going to require universities to think differently about money. For decades, the solution has been to find more revenue and throw it at problems. That’s no longer viable. Now, they’ll have to look at the cost side and find smarter, more efficient ways to operate.

    It’s going to lead to a very different kind of university system—one that’s more focused on cost-effectiveness, shorter programs, and labour market alignment. These changes could last five, maybe even ten years, but they’re coming, and they’re going to reshape the sector.

    TM: Alex, thanks for joining us this week. Join us next week, when Alex is back as host, and Alma Maldonado joins us again to give an update on the Mexican higher education system. See you then!

    *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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  • Old Dominion University launches fill-in wellness classes

    Old Dominion University launches fill-in wellness classes

    xavierarnau/E+/Getty Images

    “Hello faculty! Are you attending a conference, going on vacation, taking a sick day or want to take a break from your usual lecture? Consider having staff from the Recreation and Wellness Health Promotion team come in and lead an engaging and educational presentation during your class time!”

    So reads a circulating announcement from Old Dominion University’s Rec Well staff, inviting professors to consider their guest-lecturer services when conflicts with teaching schedules arise.

    What it is: Health educator Steven Gunzelman says that the new service—called “Don’t Cancel That Class!”—is also available to conflict-free professors who simply see value in connecting their students with key health information they might not otherwise get.

    “One of our strategic cornerstones is health and well-being, so we really wanted to develop something that would go into the classrooms and meet with students in that kind of setting, where we can talk about these kinds of things that they might not learn other ways, like feeling stress or sleep issues,” he explains. “Students are here to, of course, get their academics. But in order to be able to graduate and get those life skills, they need health and well-being. It’s a big component of [student success], as well.”

    ODU follows the collective impact approach to well-being, meaning that no single department or office on campus owns this responsibility, or—to put it another way—that everyone owns this responsibility. Rec Well, for its part, offers programs throughout campus on a wide variety of topics. But the “Don’t Cancel That Class!” initiative allows professors to pick a guest talk from the following list of five, starting with one concerning the use of alcohol and other drugs:

    • AOD & Me: Safety With Substances
    • Burn Bright, Not Out: Strategies for Managing Stress
    • Food for Thought: Nutrition 101
    • Play It Safe: The Lowdown on Safe Sex
    • Zzz’s for a Better You: A Sleep Hygiene Journey

    The why and how: Gunzelman says the list is informed, in part, by the top four health campus health concerns, based on internal data gleaned from the American College Health Association’s National College Health Assessment: stress, anxiety, depression and sleep.

    This tracks with Inside Higher Ed’s own Student Voice survey series, which in 2024 found that nearly all students said stress was impacting their ability to focus, learn and perform well academically, either a great deal (43 percent) or some (42 percent), and fewer than half (42 percent) rated their mental health as excellent or good. And in another 2023 Student Voice survey that asked about sleep, 60 percent of respondents said getting more of it was a top health goal.

    ODU professors interested in scheduling a guest lecture can fill out this form. Gunzelman says the first to schedule a guest lecture was a professor of engineering, who wanted students to learn more about managing stress. He expects this to be a particularly popular topic.

    While the current “Don’t Cancel That Class” staff is small, Gunzelman’s hope is that it will be able to accommodate as many requests as possible and possibly expand topic options with time. As for measuring impact, Gunzelman initially plans to solicit feedback from students about the usefulness of the information shared and how likely it is to influence their behavior going forward.

    The student feedback will also help staff members refine their approach.

    “Can we add in more engagement, or can we add in more topics that are more geared toward students?” he says, for example. Gunzelman also suggests that professors encourage student participation, “whether it be surprise, whether it be a plan, whether it’s built into the syllabus for credit, or if they want to be part of it and are still in the room with us.”

    Don’t cancel that class: ODU is one of a growing number of institutions to offer a Don’t Cancel That Class–style initiative. The University of Minnesota at Morris, for example, offers one that includes workshops on professional development and academic skills such as time management, financial literacy and résumé building.

    Programs of that nature highlight the connection between academics and other pillars of student success, such as health and wellness. But the general practice of finding alternatives to canceling course sessions, especially multiple course sessions, is also considered a best practice in faculty work. The English department at the University of Louisville, for example, suggests rescheduling sessions (including via synchronous online sessions), asking a faculty colleague to fill in or assigning students an independent learning exercise or asynchronous lesson.

    Does your institution have a different kind of don’t-cancel-that-class initiative? Tell us about it.

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  • 7 Key Considerations When Choosing Cloud Partner for Higher Education

    7 Key Considerations When Choosing Cloud Partner for Higher Education

    Data privacy and compliance in educational cloud solutions is no more a choice, but a mantra. Colleges and universities can get a lot out of moving to the cloud, but picking the right cloud partner is very important. An effective partner can help organizations improve their processes, improve student experience, and work more efficiently. When your institution decides on a cloud partner, you may have to consider these 7 factors that are discussed in the blog:

     

    Data Privacy and Compliance in Educational Cloud Solutions. Why?

    Safeguarding sensitive student and institutional data is an absolute necessity in the field of higher education. It has become a mandate that higher education institutions establish robust privacy and compliance standards, as data breaches have increased by 75% between 2021 and 2023.

    To protect data across international boundaries, a trustworthy cloud partner must comply with regulations such as the General Data Protection Regulation (GDPR), the Family Educational Rights and Privacy Act (FERPA), and ISO 27001. To give just one example, research has shown that 63 percent of students give higher priority to educational institutions that exhibit robust data protection measures. By selecting a cloud service that offers encryption, access control, and frequent audits, you are not only meeting a technical necessity; you are also taking a step toward developing trust in a world that is driven by data.

     

    Benefits of Cloud Computing in Higher Education Institutions

     

     

    How to Choose the Right Cloud Provider for Universities? 7 Factors You Can’t Ignore

     

    7-golden-rules-for-picking-the-prefect-cloud-partner

     

    1. Solutions Tailored for Higher Education

    As said earlier, data privacy and compliance in educational cloud solutions is no longer an option but a necessity. Hence, as a first step, verify that your cloud partner provides solutions that are 100 % tailored to higher education institutions. A standard cloud provider may need to adequately meet the specific requirements of academic settings. Solutions created expressly for higher education to understand the complexity of student information systems, academic administration, and compliance regulations, which help avoid inefficiencies and missed opportunities.

     

    2. Several Deployment choices

    To maintain data privacy and compliance in educational cloud solutions, the next important thing to consider is to be open to several deployment choices. Flexibility depends on the capacity to choose among several deployment choices. A cloud partner should provide SaaS deployment methods, and hybrid, managed, and cloud-based solutions so your university may move on its terms. This flexibility guarantees that you can pick the right deployment method that is most suited for you, for your long-term and present requirements of your university.

     

    3. Proven History of Smooth Migrations

    It can be hard to move to the cloud, so it’s important to work with a partner who has a history of getting cloud transfers done on time and on budget. Before working with educational institutions, a reliable vendor should have shown that they can handle large-scale migrations with little trouble and no loss of data protection for educational institutions.

     

    4. Expertise in Security and Compliance

    Cybersecurity is a significant issue for higher education organizations managing sensitive information. Your cloud partner must implement stringent security protocols, with tight-kint encryption, multi-factor authentication, and routine security assessments. Furthermore, verify their adherence to industry standards and regulations, including GDPR and FERPA, to safeguard your institution’s data and uphold legal compliance.

     

    5. Scalability and Flexibility for Growth

    Higher education institutions are continually developing. Your cloud partner must provide scalable solutions that can adapt to your institution’s requirements. Your cloud infrastructure must possess the flexibility to scale up or down seamlessly in response to increased student enrollment, new academic programs, or expanded research efforts, without significant disruptions.

     

    6. Continuous Assistance and Enhancement

    Considering data privacy and compliance in educational cloud solutions, selecting a cloud partner that offers ongoing assistance after the initial deployment is a must. Continuous advisory services, system enhancements, and routine performance evaluations are a strict must-have. Note that an effective partner actively optimizes processes and identifies areas for improvement.

     

    7. Dedication to Research and Innovation

    Your cloud partner ought to be dedicated to ongoing innovation and development. Seek for suppliers who actively support research and development to improve their products depending on client comments. Constant evolution of a partner will allow your university stay at the forefront of educational technology and enable it to move with the times and meet new problems.

     

    Winding Thoughts Creatrix Campus Advantage

    With over a decade of experience, Creatrix Campus provides customized cloud solutions to higher education. We are built with data privacy and compliance in educational cloud solutions. You can streamline operations, improve the student experience, and future-proof your technical infrastructure with our focus on security + scalability + educational institution needs. For continuous support or flexible deployment, Creatrix Campus will help your institution succeed in the cloud!

    Ready to transform your institution’s cloud journey? Please contact us today.

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  • The LLE and Five-year Integrated Masters Degrees

    The LLE and Five-year Integrated Masters Degrees

    By Ian Blenkharn, Director of Education and Student Services at the University of Bath.

    Like most institutions across the sector, the University of Bath is carefully considering the potential opportunities, implications and challenges posed by the new Lifelong Learning Entitlement (LLE). 

    Bath is somewhat unusual in having both a high proportion of integrated master’s courses and a high proportion of students studying programmes with a placement year (nearly two-thirds of Bath students undertake a placement during their time with us). This means we have a large number of students studying five-year, integrated masters programmes with a year on placement.

    This raises important questions for us, as it will for others across the sector. The information so far published about the LLE seems to suggest that we will be able to charge students for the full, five-year integrated-masters-with-placement programme, which has a total of 600 credits under the CATS credit accumulation framework. However, it isn’t yet clear whether students, who are automatically entitled to a ‘digital wallet’ to cover up to 480 credits of higher education study, will be able to pay for the entirety of their programme without access to private funding.

    For those programmes offered at Bath, the shortfall would be the cost of the placement year – either 15% or 20% of the maximum regulated fee. Perhaps not a deal-breaker for those with access to the Bank of Mum and Dad. However, it could deter some students for whom the chance to work for a year in industry provides unparalleled opportunities to build social capital, experience and confidence to compete in the graduate jobs market. We know that such opportunities are transformative for our students. The prospect of this becoming the preserve of students who can privately fund their tuition risks not only the viability of the programmes we offer but also the social mobility benefits they afford students from widening participation backgrounds.

    The decision by the Labour government to defer the implementation of the LLE to January 2027 means there is some time to clarify the situation for both universities and students. However, we will have students applying in September 2025 for deferred entry in 2027, so the time to clarify the situation is shorter than it first appears. 

    It is imperative that everyone has clarity on this issue (and many others associated with the LLE) before we enter the 2025/2026 recruitment cycle. This is so universities can appropriately advise students on how much their course will cost and whether their Lifelong Learning Entitlement will be sufficient to cover those costs. At the moment, far too many unanswered questions are swirling around the LLE, as evidenced by the 400+ sector participants who logged on to the Higher Education Strategic Planners Association (HESPA)-organised seminar on the LLE with representatives from the Student Loans Company. The sector, and most importantly the students who will be pioneers of the new LLE system, need these questions answered as soon as possible.

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