Tag: CUPAHR

  • HR and the Courts — May 2025 – CUPA-HR

    HR and the Courts — May 2025 – CUPA-HR

    by CUPA-HR | May 13, 2025

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

    Executive Orders Targeting Diversity, Equity and Inclusion Initiatives Are Subject to Conflicting Court Orders

    On May 2, 2025, a federal district court judge in D.C. denied a request from civil rights groups for an injunction precluding the Trump administration’s executive orders aimed at curtailing DEI initiatives and cutting protections for transgender people. The judge denied the plaintiffs’ attempt to curtail three Trump administration executive orders, concluding that the plaintiffs would not ultimately succeed (National Urban League v. Trump (D.D.C. 1:25-cv-00471, Prelim. Inj. denied, 5/2/25)).

    Separately, on April 14, 2025, a federal district court judge in Illinois issued a nationwide preliminary injunction, following his temporary restraining order of late March 2025, barring the U.S. Department of Labor from enforcing those parts of President Trump’s executive order that target diversity, equity and inclusion initiatives (Chicago Women in Trades v. Trump (2025 BL 125862, N.D. Ill. No. 1.25-cv-02005, 4/14/25)). This injunction is subject to appeal and possible modification by the U.S. Court of Appeals.

    The March 2025 temporary restraining order also barred enforcement of the executive order provision requiring grant recipients, like the plaintiff, from having to certify that they do not operate programs that advance DEI. The judge noted that part of the executive order could chill speech even beyond federally funded programs but few grant recipients are likely to sue the federal government. Learn more.

    Students File Multiple Lawsuits Contesting the Department of Homeland Security Cancellation of F-1 Status Without Due Process Hearings

    At least a dozen lawsuits have been filed asking federal judges to block the Department of Homeland Security’s attempts to cancel F-1 status without proper hearing and cause. One Dartmouth doctoral student from China won an emergency order restoring his F-1 student status. According to the American Immigration Lawyers Association, more than 4,700 foreign students have had their records terminated by U.S. Immigration and Customs Enforcement (ICE) without any hearings or other due process. Lawsuits have been filed in New York, California, Michigan, Pennsylvania, New Hampshire and Washington state contesting the termination of student records. The lawsuits are asking the courts to block DHS from terminating student records and targeting the students for removal.

    On April 4, CUPA-HR co-signed a letter with the American Council on Education and 14 other higher education associations seeking clarity on international student visa issues.

    U.S. Department of Labor To Lose 20% of Its Workforce Due to Voluntary Resignations

    More than 2,700 of the Department of Labor’s over 14,000 employees have accepted the department’s offer to receive pay and benefits through September if they voluntarily resign. The offer advised that there would be mandatory layoffs and job eliminations in the future. Commentators concluded that the staff resignations will decrease the DOL’s ability to perform on-site audits and enforcement of many worker protection laws that the department has the responsibility to enforce.

    This exodus follows the Trump administration’s attempt to terminate many DOL probationary employees who were later reinstated by a court order following a challenge to the probationary terminations.

    Trump Administration Issues Executive Order to Three Cabinet Agencies To Train 1 Million New Apprentices in Skilled Trades, Including Artificial Intelligence

    The Trump administration issued an executive order on April 23, 2025, to secretaries of education, commerce, and labor to conduct a full-scale review of federal apprenticeship programs to identify areas for realignment and address training for in-demand skills. The goal is to have the three agencies develop a plan to train 1 million new apprentices in skilled trades and emerging industries, including artificial intelligence.

    The executive order gives the three agencies 90 days to submit a report to the Office of Management and Budget. The report should include policy reforms and programs that could be retracted and consolidated between agencies. The order asks the agencies to identify ineffective programs and states that each “each identified program should be accompanied by a proposal to reform the program, redirect its funding, or eliminate it.”

    Trump Administration Issues Executive Order Barring the EEOC and DOJ From Prosecuting Disparate Impact Theory Discrimination Cases

    Federal agencies prosecuting discrimination bias cases are barred from using the disparate impact theory of unintentional discrimination under a new Trump administration executive order signed April 23, 2025. The order specifically directs the EEOC and DOJ to review their pending cases and investigations that rely on this legal theory and take appropriate action within 45 days (that is, drop or revise the case).

    The U.S. Supreme Court recognized the disparate impact legal theory as appropriate enforcement of the Civil Rights Act of 1964, in its 1971 landmark decision in Griggs v. Duke Power. Notwithstanding the Trump executive order, private individuals can still bring private claims of discrimination under Title VII using the disparate impact theory, until the Griggs case is reversed or modified.

    Because of the unprecedented and fast-changing pronouncements of the new presidential administration and the intervening court challenges, the developments contained in this blog post are subject to change. Before acting on the legal issues discussed here, please consult your college or university counsel and, as always, act with caution.



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  • Sen. Marshall Proposes Legislation to Fulfill Trump Campaign Pledge on “No Tax on Overtime” – CUPA-HR

    Sen. Marshall Proposes Legislation to Fulfill Trump Campaign Pledge on “No Tax on Overtime” – CUPA-HR

    by CUPA-HR | May 12, 2025

    On May 6, Senator Roger Marshall (R-KS), along with Sens. Tommy Tuberville (R-AL), Jim Justice (R-WV), and Pete Ricketts (R-NE), introduced the Overtime Wages Tax Relief Act, which is intended to fulfill President Trump’s campaign promise to eliminate taxes on overtime pay. The proposal provides an income tax deduction for overtime pay up to a certain threshold. Marshall explained that his goal with the legislation was to target the benefit to lower- and middle-income workers in industries and occupations that traditionally pay overtime.

    Under the proposal, individuals would be able to deduct up to $10,000 of overtime pay from their income taxes. For married couples, the cap would be set at $20,000. This is an “above-the-line” income tax deduction, so workers would have the ability to claim the deduction whether they itemize their deductions or take the standard deduction.

    Additionally, the proposal phases out the benefit for top earners, identified as individuals earning $100,000 or more and married couples earning $200,000 or more. The deduction is reduced by $50 for every $1,000 in income the individual or married couple earns above their respective threshold.

    The legislation also includes reporting obligations for employers “to ensure transparency and accuracy in claiming the deduction.” Employers will be required to report overtime earnings to employees in their annual wage and tax statements.

    Marshall is hoping to have the legislation included in the Republican’s fiscal year 2025 budget reconciliation bill, which is expected to cover everything from border security to extensions for the expiring 2017 tax cuts President Trump signed into law during his first term.

    CUPA-HR will keep members apprised of additional updates on this bill and others related to overtime laws and regulations.



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  • Creating Human-Centered Workplaces: Takeaways From CUPA-HR’s Spring Conference – CUPA-HR

    Creating Human-Centered Workplaces: Takeaways From CUPA-HR’s Spring Conference – CUPA-HR

    by Christy Williams | May 7, 2025

    At the 2025 CUPA-HR Spring Conference in Seattle, our keynote speakers shared their insights into the future of the higher ed workplace. They encouraged HR practitioners to step boldly into brave leadership, to investigate neuroscience’s insights into human behavior, to embrace advances in artificial intelligence, and to use data to enhance the employee experience.

    But the key message was that innovation should be people-centered and align with HR’s fundamental goal: creating workplaces where people feel safe, valued and free to thrive.

    The Brain Needs to Belong 

    The brain is a social organ, Dr. Jessica Sharp stressed in her opening keynote. Whether or not we’re conscious of it, we’re always searching for connection and belonging — for psychological safety.

    “Our brains need affirmation that we belong. Without it, we don’t feel safe,” Dr. Sharp said.

    Because our brains interpret emotional threats in the same way as physical threats, feeling unsafe at work can provoke a similar feeling to walking alone in a dark parking garage or seeing a snake on a hiking trail. But when we feel a sense of psychological safety and social belonging, our brains shift into connected mode. When we feel safe, we’re more likely to collaborate with our team, be less resistant to change and feel creative.

    Dr. Sharp invited higher ed HR to step into the future of work through neuroleadership. Neuroleadership is a model of talent management that understands the connection between the brain’s inner workings and people’s best work.

    Takeaway: The brain can’t be inspired when it’s in survival mode. Prioritize safety and belonging to encourage creativity.

    Further reading: Explore more ways to strengthen resilience and enhance psychological safety.

    AI Is Your Time-Saving HR Assistant

    AI is the future of work, said Jennifer Parker, the assistant director of HR operations at Colorado Community College System. While this may sound intimidating, it’s important to know that AI won’t replace you, but rather free up time and mental energy so that you can focus on strategy and long-term projects.

    Here’s how Parker uses AI to simplify routine HR tasks:

    • As a brainstorming partner. For example, you can say to AI, “help me write my leadership statement.” Provide context about your career to enhance the responses.
    • To write or revise emails. Parker’s communication mode tends to be folksy, so she has ChatGPT rewrite her emails to be more formal in tone.
    • As a software coach. Ask AI to give you step-by-step directions on creating an Excel formula.
    • To develop presentations, trainings and professional development sessions. ChatGPT helped Parker write microsessions for an online civility campaign, create slide decks and a video explaining benefits to employees.
    • As an employee engagement assistant. Tell AI the dynamics of your culture and ask how you can help foster a healthy workplace.
    • As an event planner. Ask AI to create a training calendar or other complex timeline. For events like open enrollment, ask it for an invitation to the health fair or to craft an inspiring message to remind employees to review their benefits.

    AI can also summarize complex information, break down survey results, act as a career coach or problem solver, offer advice, and more. Get creative! But always review what AI generates for accuracy, and make it your own.

    Takeaway: AI can simplify HR’s daily tasks and free up time for strategic thinking.

    Further reading: Read this step-by-step guide to learn how Parker used ChatGPT as her assistant in creating a virtual civility training program.

    Benchmark Your Employee Experience Using CUPA-HR’s Data 

    What does it take to attract top talent to higher ed? CUPA-HR’s new survey — the Benefits, Employee Experience, and Structure Survey — gives higher ed a snapshot of what it takes to be an employer of choice in a competitive employment landscape, explained Melissa Fuesting, associate director of research at CUPA-HR.

    Using the BEES Survey, colleges and universities can benchmark traditional benefits. And now, for the first time, explore data on:

    • Flexible work
    • Professional development
    • Campus and community engagement
    • Hiring metrics
    • Performance reviews
    • Institutional structure (such as where HR is housed)
    • Policies

    The BEES survey also allows you to take a deep dive on these topics. For example, when it comes to flexible work, you can find answers to questions such as: Which employees have the ability to work flexible schedules or flexible hours? Who determines the policies around hybrid and remote work? Which employee groups can be hybrid or remote?

    Takeaway: To enhance your employee value proposition, benchmark your benefits and employee experience using data from CUPA-HR’s new BEES Survey with DataOnDemand.

    Further reading: For more on attracting and retaining talent, check out the results of the 2023 Employee Retention Survey and stay tuned for the results of the 2025 survey coming this fall.

    “Who We Are Is How We Lead” 

    Cheryl Cofield closed this year’s spring conference with a compelling message: “Who we are is how we lead.” In her powerful keynote, Cofield challenged higher ed HR professionals to examine the leadership armor we wear — the protective behaviors that keep us from leaning into vulnerability and courage. Instead of avoiding difficult conversations or striving for unattainable perfection, brave leaders must be willing to get uncomfortable, speak honestly and model the values they profess.

    Drawing from Brené Brown’s research, Cofield identified four key skill sets that support courageous leadership: vulnerability, values, trust and learning. She described how emotional armor — such as perfectionism, detachment, or a need to always be right — gets in the way of connection, inclusion and growth.

    Through self-reflection and practical tools like emotional literacy, empathy and curiosity-based conversation cues, Cofield encouraged attendees to identify their own “call to courage.” She reminded us that courage in leadership is not only a personal practice but a collective force. When one person shows up bravely, others are more likely to do the same.

    Takeaway: Courage is contagious. When leaders remove their armor and lead with vulnerability, they create more inclusive, trusting and human-centered workplaces.

    Further reading: Learn why leadership development is essential in higher ed and how it strengthens engagement, inclusion and institutional resilience.



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  • Appeals Court Stays Litigation on Overtime Rule – CUPA-HR

    Appeals Court Stays Litigation on Overtime Rule – CUPA-HR

    by CUPA-HR | May 6, 2025

    On April 29, the 5th U.S. Circuit Court of Appeals issued a stay on the litigation challenging the Biden administration’s overtime rule that will last for 120 days. The order halts further proceedings in the appeals court while the Trump administration’s Department of Labor (DOL) reconsiders the Biden administration’s rule, and it directs DOL to file additional status reports every 60 days.

    In February, the Trump administration’s DOL filed an appeal on a district court’s ruling in Flint Avenue, LLC v. DOL that vacated the Biden administration’s overtime rule. The Trump appeal was the second appeal filed for cases involving the Biden overtime rule. The move to appeal was largely viewed as an attempt for the Trump administration to put a placeholder on court proceedings while Secretary of Labor Lori Chavez-DeRemer settled into her new role and figured out next steps for the overtime regulations.

    The ruling from the appeals court followed a request from Trump’s DOL to hold the case in abeyance while the agency reconsidered the rule. Further updates from the Trump administration regarding the overtime regulations are likely to follow.

    CUPA-HR will continue to monitor for updates related to the overtime regulations.



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  • WHD Issues Enforcement Guidance on Independent Contractor Classification – CUPA-HR

    WHD Issues Enforcement Guidance on Independent Contractor Classification – CUPA-HR

    by CUPA-HR | May 5, 2025

    On May 1, the Department of Labor’s Wage and Hour Division (WHD) issued a field assistance bulletin providing guidance on determining employee or independent contractor status under the Fair Labor Standards Act (FLSA) while DOL reviews the 2024 final rule, Employee or Independent Contractor Classification Under the Fair Labor Standards Act. The rule currently faces legal action in multiple federal court cases in which the Trump DOL has taken the position that it is reconsidering the 2024 rule, including whether to rescind the regulation.

    Simply put, the bulletin states that WHD “will no longer apply the 2024 Rule’s analysis when determining employee versus independent contractor status in FLSA investigations.” Instead, WHD will enforce the FLSA’s worker classification rules according to Fact Sheet #13, which was issued in 2008, and Opinion Letter FLSA2019-6, which was issued during President Trump’s first term.

    The opinion letter from Trump’s first term articulates WHD’s position on gig economy worker classification, ultimately finding such workers to be independent contractors because they work for the consumer and do not fit “any traditional employment paradigm” under the FLSA. The Biden administration previously withdrew the opinion letter, but it has now been reinstated as Opinion Letter FLSA2025-2.

    Fact Sheet #13 provides a broader perspective regarding the meaning of “employment relationship.” It specifically asserts that an employee under the FLSA is “one who, as a matter of economic reality, follows the usual path of an employee and is dependent on the business which he or she serves,” and that an employer-employee relationship under the law is tested by “economic reality.” It also lists seven factors that are considered significant by the Supreme Court in determining employee classification under the FLSA:

    • The extent to which the services rendered are an integral part of the principal’s business;
    • The permanency of the relationship;
    • The amount of the alleged contractor’s investment in facilities and equipment;
    • The nature and degree of control by the principal;
    • The alleged contractor’s opportunities for profit and loss;
    • The amount of initiative, judgment, or foresight in open market competition with others required for the success of the claimed independent contractor; and
    • The degree of independent business organization and operation.

    Looking Ahead

    The field assistance bulletin changes the enforcement priorities of WHD with respect to worker classification, though the Biden administration’s independent contractor rule remains in effect for the time being. Legal challenges against the Biden rule are ongoing, and the Trump administration has started reviewing the regulation, though there is no official process yet to rescind it.

    CUPA-HR continues to monitor for updates related to the independent contractor classification regulations and will keep members informed of future updates.



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  • Adapting With Heart | CUPA-HR

    Adapting With Heart | CUPA-HR

    by CUPA-HR | April 14, 2025

    Editor’s Note: This is the conclusion of a three-part series by Maureen De Armond, chief human resources officer at Des Moines University Medicine and Health Sciences, on adapting during changing times. The series begins with Adapting for Survival and Adapting With Purpose.  

    In Robert Pirsig’s “Zen and the Art of Motorcycle Maintenance,” the concept the main character — a professor — struggled with was identifying the essence of quality. Why did brilliant students sometimes turn in average work? How could average students sometimes produce brilliant work? He grappled with this riddle to the point of a breakdown, eventually concluding that the essence of quality is caring.

    If you want something to be good, you must do it with care. This is a similar answer to the question, “Why did grandma’s cookies taste so good?” The answer is because she made them with love.

    While caring is difficult to quantify, measure or predict, we know it when we see it, feel it and are on the receiving end of it. The employees we serve experience the same thing. As the saying goes, “People will forget what you said, people will forget what you did, but people will never forget how you made them feel.”

    There is no state or federal law, no executive order, no external action that can regulate — let alone limit — our ability to care about the work we do and the people we support. At the local level, on our campuses, in our offices and during face-to-face interactions, we are still fully empowered to serve with compassion, empathy and care. People will notice.

    Begin With Listening

    There are likely many employee engagement and retention efforts that can be explored or revived that can help offset some of the workplace angst, increase HR’s visibility, and help the HR team feel like they are contributing in a meaningful way.

    While below is a high-level list of ideas, HR teams should start by consulting with campus stakeholders. What would they love to see HR spend time and energy on? How can HR support them during these times of change and uncertainty?

    Institutional branches of shared governance may have ideas. Include student affairs, academic affairs, affinity groups, deans and department heads, and others. With summer approaching, a pulse survey or a few focus groups may be helpful tools to collect the voice of campus customers and let their responses inform HR’s plan for the fall.

    Some ideas to ponder:

    • Expand your emphasis on well-being and mental health. Offer more trainings, partner with campus experts, summarize and package benefits, and dig into your EAP provider’s resources to maximize that benefit.
    • Renew campus partnerships and collaborations in organizing employee events, such as bite-size topics for casual lunch and learns, book clubs, wellness events, and events that are just for fun and community-building (bingo, puzzles, drawing, afternoon walks, friendship bracelets, adult recess, etc.).
    • Consider offering more soft-skill trainings, with input from your campus stakeholders on topics. These can include emotional intelligence, navigating change, stress management and mindfulness.
    • Make a special effort to seek out ways to provide service to the institution, including attending student events, supporting student career services, and volunteering to be guest speakers in classes or student clubs.
    • Get to some of those “nice to have” ideas. It may be time to finally prioritize them: create a mentoring program, assign buddies for new hires, update onboarding materials, reimagine new employee orientation.
    • Tap into your campus experts who may also be hungry to contribute through informal brown bag lunch conversations, passion projects or hobbies. Pulling campus experts in engages them, acknowledges their talents and expertise, and demonstrates respect. These events also build community.
    • Offer community service leave, or explore community service projects employees can participate in. If you already offer this benefit, promote it.

    These ideas aren’t new or revolutionary, and they won’t solve all your problems or undo damage. But HR can make a difference when we are visible, caring and thoughtful in trying to engage all members of campus. Make a collaborative effort to contribute in a positive way — it matters.

    Make Time to Rest

    “When you get tired, learn to rest, not to quit.” – Banksy

    Helpers often tend to everyone else first and themselves last. Take care of yourself. Take inventory of what you need to rest and recharge. Make time to do the following:

    • Work with your team as soon as possible to hammer out rest days throughout the next year. Everyone can have days blocked off for intentional self-care.
    • Check on your team’s leave balances and usage if you are in a leadership position. You likely have people who do not take nearly enough time off. They may benefit from some encouragement to do so.
    • Lean into the HR community when you need the extra support, as many of us did during the pandemic. A community of helpers is a powerful force. CUPA-HR is an excellent place to connect with higher ed HR colleagues.

    Even though we are in boats of differing sizes, equipped with varying resources, a common storm binds us. I choose to find solace in Maya Angelou’s timeless wisdom. “Every storm runs out of rain,” she once said. We can make it through.

    Related CUPA-HR Resources

    Managing Stress and Self-Care: “No” Is a Complete Sentence — This highly rated webinar shows how and why setting boundaries is critical to thriving.

    Mental Health Toolkit — This HR toolkit includes resources on sustaining mental health programs on campus and addressing problems like burnout.

    Trauma-Informed Leadership for Higher Education — This webinar explores how to develop a supportive leadership style and how to create a culture where team members can depend on each other for support during times of hardship.



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  • Adapting With Purpose | CUPA-HR

    Adapting With Purpose | CUPA-HR

    by CUPA-HR | April 14, 2025

    Editor’s Note: This is the second of a three-part series by Maureen De Armond, chief human resources officer at Des Moines University Medicine and Health Sciences, on adapting during changing times. The series begins with Adapting for Survival and continues in Adapting With Heart. 

    While each institution’s situation is unique, there are common challenges that unite HR teams across state lines and between private and public institutions.

    Many of us may now be called upon to reevaluate the words we use in job postings, on our websites, within position titles, in trainings, and more. Some of us may be called upon to eliminate offices or positions. We may face losses of state or federal funding. We may have employees who feel particularly vulnerable. In some areas, there may be heightened retention challenges if people move or leave higher education altogether.

    In short, it is unlikely that any HR office will fully escape implementing changes and grappling with difficult responsibilities. Even so, opportunities abound to make a positive impact, to be true helpers and show we care. To quote Arthur Ashe, “Start where you are, use what you have, do what you can.” Here are some ideas.

    Maintain Your Focus on People and Culture

    HR has an obligation to continue to be keepers of the work culture and cultivate an environment that is welcoming and respectful of all employees. It’s time to get creative.

    One area you can rethink creatively is language describing campus culture, both in your internal communications and in recruitment materials. One may draw some inspiration from these examples, both from Nintendo:

    Nintendo is proud to be an equal opportunity employer. We offer a welcoming and inclusive environment in service to one another, our products, the diverse consumers we represent, and the communities we call home. We do all of this with kindness, empathy and respect for each other.

    Nintendo is for everyone. We believe that our results are better when our teams represent our potential consumers and fans. We’re actively building a culture where employees contribute their knowledge, ideas and perspectives so innovation and creativity thrive. We’re welcoming, approachable and respectful — we’re Nintendo. All characters welcome.

    Kudos to Nintendo for investing time and creativity into statements painting a vivid picture of warmth and kindness. Could a college or university channel its values and institutional culture into similar language while avoiding today’s live wires? I think so.

    University X is a place anyone can call home. We are always looking for talented, innovative and kind individuals to join our team and help us build a better tomorrow [or other mission language]. We know our campus and students are best served by faculty and staff representing a wide range of experiences, backgrounds and talents. If you are interested in joining and contributing to a welcoming, respectful and thriving organization, please apply. Anyone can be a/an [insert mascot]. Why not you?

    The reader can feel a welcoming culture, right?

    Wherever you talk about culture — in your employee value proposition, recruitment resources, internal policies, and websites — review the language and consider how you can paint the same picture of a welcoming and inclusive environment, even if you need to bust out a thesaurus to do so.

    Vet Applicants for Alignment of Values 

    Another way to adapt creatively may be to revisit interview questions. Institutions should still strive to recruit people who share their values and priorities, whatever those may be.

    Some questions that may provide insight into an applicant’s character could include the following:

    • Tell us about one of your favorite experiences working with a team and the contributions you made.
    • When you have had new employees join your team, what did you do to make them feel welcome and help them be successful?
    • Can you describe how your career has been enhanced by working with people who are different from you?
    • Tell me about a time when you were communicating with someone, and you felt like you were not being understood. What did you do?
    • What do you like most and least about your current work culture?
    • How would your current co-workers describe your strengths and weaknesses as a colleague?
    • What attracts you most to this job and our institution?
    • Which of our core values do you identify with the most and the least and why?
    • Our institution has students, faculty and staff who come from all over. Do you feel equipped to serve all campus stakeholders on day one, or do you think you would benefit from additional training?
    • What’s the ideal working environment to best benefit your working and personality style?
    • What soft skills are you interested in developing in the next couple of years?
    • Tell us about a time when you were challenged by a situation where others were behaving in an inappropriate or uncivil way. Describe the situation, the actions you took and the outcome.
    • What are your workplace superpowers?
    • Describe the most difficult colleague you’ve ever had to deal with at work. Why were they challenging? What did you do?
    • Most people want to work in an environment that is respectful and kind. Can you tell us how you try to create such an environment for others?
    • Describe a time when you needed to work cooperatively with someone who did not share the same ideas as you. Describe the situation, the actions you took and the outcome.

    Asking applicants a variety of questions that get to their character is nothing new. It may be a good time to review recommended questions to help protect the hiring process while also spending more intentional time assessing alignment with institutional values. There is no sense in hiring people into an organization who do not already share the institution’s values.

    Related CUPA-HR Resources

    Recent Executive Orders and Higher Ed HR’s Role in Creating and Sustaining an Inclusive Campus Community — A message from CUPA-HR President and CEO Andy Brantley.

    Update on DEI-Related Executive Orders: How Recent Developments Impact Compliance Strategies for Higher Education — This CUPA-HR webinar offers insights into steps institutions can take to ensure they are in compliance.

    Next Steps: A Practical Guide for Ensuring Access and Opportunity for All Employees— A brief guide to creating a welcoming workplace now.



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  • Adapting for Survival | CUPA-HR

    Adapting for Survival | CUPA-HR

    by CUPA-HR | April 14, 2025

    Editor’s Note: This is the first of a three-part series by Maureen De Armond, chief human resources officer at Des Moines University Medicine and Health Sciences, on adapting during changing times. The series continues in Adapting With Purpose and Adapting With Heart.  

    You have to change with the times.

    Roll with the punches.

    Go with the flow.

    This is just the new normal.

    These are not uncommon sentiments during times of change. They’re even reasonable bits of advice and encouragement. However, for many in higher education today, these words may feel inadequate.

    For many years, higher ed has been under pressure to adapt rapidly to change. From the COVID-19 pandemic to declining enrollment, technological advancements, and political and compliance demands, the pace of change seems unrelenting.

    How do we “adapt” when external pressures challenge our accustomed practices? How do we respond to the demands on our profession across the higher education landscape? How do we navigate the need to adjust without feeling like we’re compromising or settling? Where do we go from here?

    Adapt for Survival

    In 2022, as the worst of the pandemic seemed to pass, I wrote a piece about adaptability and referenced the Stockdale Paradox, as shared in Jim Collins’ management book “Good to Great.” Let us briefly return to that story to assess what additional insights it may provide during this new chapter of change.

    Admiral James Stockdale served in the military and was a prisoner of war in Vietnam for seven and a half years. During this time, he observed that there was a certain kind of soldier that did not tend to survive the ordeal. These were the soldiers who tried to muster up the strength to just make it to Thanksgiving, as, surely, they would be rescued by then. Thanksgiving would come and go, and they remained imprisoned. Then, they would convince themselves if they could just make it to the end of the year, surely they would be rescued by then. December would come and go, and they remained imprisoned.

    Admiral Stockdale referred to these soldiers as the optimists. Eventually, the optimists gave up.

    Admiral Stockdale, even if he did not use the terminology, recognized that resilience (a burst of energy or strength to help a person through a temporary crisis) was not the right tool for their predicament. Instead, to make it through captivity — with no end in sight and no idea what the next day may bring — what one needed to do was adapt.

    Make no mistake about it, Admiral Stockdale did not adapt with a smile on his face. He did not do it to settle, to compromise or to get used to being a POW. He did it with a mission in his heart — to endure. He adapted for survival. And he adapted not just for his own survival but also the survival of as many of his fellow soldiers as possible — men who looked to him for strength and guidance even while he, too, was powerless and wrought with despair.

    Admittedly, comparing higher education HR professionals to prisoners of war is a clear stretch. But the analogy reveals powerful insights into what tools may be most suitable to help us navigate these uncertain times. We should resist a mindset of trying to just make it through the summer term, through the fall semester, or to the end of the academic year. Wishing away time is a futile practice and with no guaranteed results.

    We should equally resist the temptation to pin our hopes on a miraculous rescue team to come and save the day. That is also wishful thinking.

    But we shouldn’t give up. Admiral Stockdale shared that he never lost hope — not even during the darkest days of captivity.

    Consider channeling the bigger picture, the one Admiral Stockdale never lost sight of: Survival is paramount. To survive, one must adapt. We have no way of knowing what lies ahead. We may feel powerless some days, like that poor animal in the experiment who gets shocked no matter what it touches. Other days, we may feel like we are busying ourselves with the deck chairs on the Titanic. But even in these moments, we cannot shut down.

    People count on us. They trust us to do our jobs to the best of our abilities. Our efforts matter and we still have work to do.

    Be the Helpers

    There is a Fred Rogers quote from his “Mister Rogers’ Neighborhood” days that resurfaces from time to time: “When I was a boy and I would see scary things in the news, my mother would say to me, ‘Look for the helpers. You will always find people who are helping.’”

    This is a reassuring view of humankind. No matter how dark or how frightening the world is, there will always be people wanting to help. But it is important to remember that Mister Rogers was talking to children when he shared this observation, not adults.

    When scary things happen, we are not supposed to just sit there and hope someone else comes around to help. Mister Rogers was talking about us. We are supposed to be the helpers.

    The good news is that the human resources field attracts helpers. The most dedicated among us are those who love to serve others. Whether we specialize in benefits, talent acquisition, training, leadership development, or any other facet of HR, we are drawn to this profession because we want our work to matter and because we enjoy helping people.

    Right now, there is a need for helpers — and we are the helpers.

    Related CUPA-HR Resources

    Resilience in the Workplace — This CUPA-HR webinar, recorded in 2021, was designed to serve as resilience training for attendees, as well as a model that could easily be replicated at your institution for HR teams and other employees.

    Why Psychological Safety Matters Now More Than Ever — This article offers practical advice for increasing psychological safety, specifically for the higher ed workplace.

    The Great Pivot from Resilience to Adaptability — This article explains how to move from resilience to adaptability and, ultimately, growth in challenging times for higher education.



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  • CUPA-HR Joins Higher Education Letter Seeking Additional Information on International Students

    CUPA-HR Joins Higher Education Letter Seeking Additional Information on International Students

    by CUPA-HR | April 8, 2025

    On April 4, CUPA-HR joined the American Council on Education and 14 other higher education associations on a letter to Department of State (DoS) Secretary Marco Rubio and Department of Homeland Security (DHS) Secretary Kristi Noem seeking additional information on the agencies’ policy and planned actions for international students and scholars.

    The letter states that additional clarity is sought after reports that student visas are being revoked without additional information being shared with institutions where those students attend. According to the letter, such reports include messages to international students about their visas being revoked and requesting that they self-deport without providing additional information about the process to appeal such decisions. The letter argues that these actions hinder institutions’ ability to best advise their international students and scholars on what is happening.

    In order to provide more clarity to institutions, the higher education associations request that DoS and DHS schedule a briefing with the impacted community to better understand the actions being taken by the agencies. The briefings could provide the opportunity to understand the administration’s actions in this space and to allow the higher education community to better understand how they can best help address issues of national security.

    CUPA-HR will share any updates from these agencies related to the international student and scholar news and requests set forth in this letter.



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  • CUPA-HR Joins Amicus Brief in Case Regarding NCAA Eligibility Rules

    CUPA-HR Joins Amicus Brief in Case Regarding NCAA Eligibility Rules

    by CUPA-HR | April 8, 2025

    On March 28, CUPA-HR joined the American Council on Education and other higher education associations in filing an amicus brief in Pavia v. NCAA, which challenges the association’s eligibility rules with respect to the five-year time limits for student-athletes. The brief was filed with the United States Court of Appeals for the 6th Circuit.

    Background

    Pavia filed the lawsuit against the NCAA in November 2024, claiming that the NCAA’s ability to limit eligibility for previous junior college transfers by counting their competition years in junior college towards the number of years they are eligible to compete in NCAA sports restrains labor market forces and thus violates antitrust laws. A federal district court judge agreed on the merits of Pavia’s arguments and issued a preliminary injunction blocking the NCAA from enforcing its eligibility rules and allowing Pavia only to play an additional season. The judge argued that the ability for student-athletes to earn money through name, image and likeness (NIL) deals thus makes the NCAA’s eligibility rules “commercial,” meaning the rules themselves would not survive antitrust scrutiny. The NCAA appealed this ruling to the 6th Circuit Court of Appeals, where the case awaits further litigation.

    Amicus Brief

    The brief, filed by ACE, CUPA-HR, and five other higher education associations, argues that all eligibility rules set by the NCAA, including the five-year time limitations challenged in this case, aim to ensure “the primacy of the educational context for the student-athlete experience.” The brief argues that the preliminary injunction placed by the district court threatens to “shift the formulation and enforcement of the NCAA’s eligibility rules from educators and athletics administrators to federal courts” as any student-athlete disqualified by an eligibility rule could request a court to file an injunction and argue that the eligibility rule restricts their ability to pursue NIL deals. This would ultimately result in a patchwork of waivers granted by judges nationwide, undermining the national system of enforcement already in place through athletic associations like the NCAA and cementing federal judges as the unofficial court of appeals for the NCAA.

    CUPA-HR will continue to monitor for updates related to this court case.



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