Tag: DEI

  • An opportunity to reframe the DEI debate (opinion)

    An opportunity to reframe the DEI debate (opinion)

    The U.S. Department of Education’s Office for Civil Rights issued a Dear Colleague letter on Friday that instructs college leaders to eliminate any campus activities that directly or indirectly treat students differentially on the basis of race. Others will rightly push back on the logic of the department’s stated justifications, the absurdity of its timing and the accuracy of its examples, but I want to suggest that campus leaders can also take this as an opportunity to enact real change on behalf of all students.

    This is a moment for campus leaders to reframe the terms of the current debate over the legitimacy of special diversity, equity and inclusion programs by doing the long-needed work of truly decentering whiteness as the normative identity and experience within so many campus curricula and co-curricular programs.

    If we are to truly serve our students regardless of race, and if—as the department’s letter states—we have to put an end to even the subtle ways racial preferences and privileges are attached to seemingly race-blind policies, then watch out. Most campuses have a lot of work to do, and much of it is not going to be to the liking of those who believe that it is DEI programs that make an otherwise level playing field an unfair one.

    What the Dear Colleague letter fails to mention is that the proliferation of DEI activities on campuses came about as a more or less conservative compromise position as the population grew more diverse and as students demanded greater access. In treating Black and other minoritized students as “special,” such programs meet the needs of these students in supplementary ways rather than by ensuring that the core curriculum and student life experience are equally useful, meaningful and available to all. If the department insists that we put an end to all DEI programming, then it will also have to support efforts to ensure that whiteness is not smuggled in as the norm or standard.

    Early in my teaching career, I saw the ways that DEI programs could be used to reinforce white centrality rather than challenge it. Student demands for a more representative and accurate curriculum were met with resistance by senior faculty uninterested in expanding their own spheres of knowledge. Special courses in “women’s history” or “Black studies” became the compromise position. Rather than revising the canon to reflect the needs of a curious student body, rather than incorporating new scholarship into the university’s core, rather than interrogating the biases and histories of the curriculum, new courses and departments were created while the original ones were left intact. This détente (you teach yours and I teach mine) became the model.

    Many of the special programs that the Dear Colleague letter seems to have in mind follow this pattern. They keep in place a curriculum and campus culture firmly centered around the interests and perspectives of white students while offering alternatives on the side. If compromise via DEI activities is no longer an option, then a better solution will have to be found. The diversity of the student body is a fact that will still require a reckoning. Decades of scholarship reveal the many ways whiteness is encoded in supposedly neutral policies and programs, and this will not be magically erased. For many colleges, achieving a campus where white students are not unintentionally given extra opportunities based on their race will require radical change.

    My guess is that the department knows this on some level. Otherwise, why is race rather than sex or religion targeted? A sex-neutral campus would have to do away with single-sex housing and sex-segregated sororities and fraternities. A religiously neutral campus could no longer privilege Christian holidays or values.

    We should absolutely fight against the many overt inaccuracies of the Dear Colleague letter. And we should fight against both overt and covert expressions of racism and white supremacy. But we need not fight on behalf of compromise solutions to the very real problems that inspired our current DEI campus environment. Instead, we can use this unexpected opportunity to pick up where we left off and ensure that every program, every aspect of the curriculum, every student service is designed with the needs of our very diverse student body in mind. We can stop treating the experiences and needs of white students as the default or the neutral.

    What would our institutions look like if normative whiteness were no longer at the center and the need for many of the special DEI alternatives were made moot? Let’s find out.

    Marjorie Hass is president of the Council of Independent Colleges.

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  • Trump admin threatens to rescind federal funds over DEI

    Trump admin threatens to rescind federal funds over DEI

    The Education Department’s Office for Civil Rights declared all race-conscious student programming, resources and financial aid illegal over the weekend and threatened to investigate and rescind federal funding for any institution that does not comply within 14 days.

    In a Dear Colleague letter published late Friday night, acting assistant secretary for civil rights Craig Trainor outlined a sweeping interpretation of the Supreme Court’s 2023 ruling in Students for Fair Admissions v. Harvard, which struck down affirmative action. While the decision applied specifically to admissions, the Trump administration believes it extends to all race-conscious spending, activities and programming at colleges.

    “In recent years, American educational institutions have discriminated against students on the basis of race, including white and Asian students,” Trainor wrote. “These institutions’ embrace of pervasive and repugnant race-based preferences and other forms of racial discrimination have emanated throughout every facet of academia.”

    The letter mentions a wide range of university programs and policies that could be subject to an OCR investigation, including “hiring, promotion, compensation, financial aid, scholarships, prizes, administrative support, discipline, housing, graduation ceremonies, and all other aspects of student, academic, and campus life.”

    “Put simply, educational institutions may neither separate or segregate students based on race, nor distribute benefits or burdens based on race,” Trainor writes.

    Backlash to the letter came swiftly on Saturday from Democratic lawmakers, student advocates and academic freedom organizations.

    “This threat to rip away the federal funding our public K-12 schools and colleges receive flies in the face of the law,” Senator Patty Murray, Democrat of Washington, wrote in a statement Saturday. “While it’s anyone’s guess what falls under the Trump administration’s definition of ‘DEI,’ there is simply no authority or basis for Trump to impose such a mandate.”

    But most college leaders have, so far, remained silent.

    Brian Rosenberg, the former president of Macalester College and now a visiting professor of education at the Harvard Graduate School of Education, wrote in an email to Inside Higher Ed that the letter was “truly dystopian” and, if enforced, would upend decades of established programs and initiatives to improve success and access for marginalized students.

    “It goes well beyond the Supreme Court ruling on admissions and declares illegal a wide range of common practices,” he wrote. “In my career I’ve never seen language of this kind from any government agency in the United States.”

    The Dear Colleague letter also seeks to close multiple exceptions and potential gaps left open by the Supreme Court ruling on affirmative action and to lay the groundwork for investigating programs that “may appear neutral on their face” but that “a closer look reveals … are, in fact, motivated by racial considerations.”

    Chief Justice John Roberts wrote that colleges could legally consider a student’s racial identity as part of their experience as described in personal essays, but the OCR letter rejects that.

    “A school may not use students’ personal essays, writing samples, participation in extracurriculars, or other cues as a means of determining or predicting a student’s race and favoring or disfavoring such students,” Trainor wrote.

    Going even further beyond the scope of the SFFA decision, the letter forbids any race-neutral university policy that could conceivably be a proxy for racial consideration, including eliminating standardized test score requirements.

    It also addresses university-sanctioned programming and curricula that “teach students that certain racial groups bear unique moral burdens that others do not,” a practice that Trainor argues can “deny students the ability to participate fully in the life of a school.”

    The department will provide “additional legal guidance” for institutions in the coming days.

    That wide-reaching interpretation of the SFFA decision has been the subject of vigorous debate among lawmakers and college leaders, and in subsequent court battles ever since the ruling was handed down. Many experts assumed the full consequences of the vague ruling would be hammered out through further litigation, but with the Dear Colleague letter, the Trump administration is attempting to enforce its own reading of the law through the executive branch.

    Even Edward Blum, the president of Students for Fair Admissions, doesn’t believe the ruling on his case applies outside of admissions.

    “The SFFA opinion didn’t change the law for those policies [in internships and scholarships],” he told Inside Higher Ed a few days before the OCR letter was published. “But those policies have always been, in my opinion, outside of the scope of our civil rights law and actionable in court.”

    What Comes Next

    The department has never revoked a college or state higher education agency’s federal funding over Title VI violations. If the OCR follows through on its promises, it would be an unprecedented exercise of federal influence over university activities.

    The letter is likely to be challenged in court, but in the meantime it could have a ripple effect on colleges’ willingness to continue funding diversity programs and resources for underrepresented students.

    Adam Harris, a senior fellow at the left-leaning think tank New America, is looking at how colleges responded to DEI and affirmative action orders in red states like Florida, Missouri, Ohio and Texas for clues as to how higher education institutions nationwide might react to the letter.

    In Texas, colleges first renamed centers for marginalized students, then shuttered them after the state ordered it was not enough to comply with an anti-DEI law; they also froze or revised all race-based scholarships. In Missouri, after the attorney general issued an order saying the SFFA decision should apply to scholarships as well as admissions, the state university system systematically eliminated its race-conscious scholarships and cut ties with outside endowments that refused to change their eligibility requirements.

    “We’ve already seen the ways institutions have acquiesced to demands in ways that even go past what they’ve been told to do by the courts,” Harris said.

    The letter portrays the rise of DEI initiatives and race-conscious programming on college campuses as a modern civil rights crisis. Trainor compared the establishment of dormitories, facilities, cultural centers and even university-sanctioned graduation and matriculation ceremonies that are advertised as being exclusively or primarily for students of specific racial backgrounds to Jim Crow–era segregation.

    “In a shameful echo of a darker period in this country’s history, many American schools and universities even encourage segregation by race at graduation ceremonies and in dormitories and other facilities,” Trainor wrote.

    Harris, who studies the history of racial discrimination on college campuses, said he finds that statement deeply ironic and worrying.

    “A lot of these diversity programs and multicultural centers on campuses were founded as retention tools to help students who had been shut out of higher education in some of these institutions for centuries,” Harris said. “To penalize institutions for taking those steps to help students, that is actually very much an echo of the segregation era.”

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  • Affirmative Action, DEI Dead? Ask Tulsi Gabbard, Kash Patel, And RFK Jr.

    Affirmative Action, DEI Dead? Ask Tulsi Gabbard, Kash Patel, And RFK Jr.

    I feel for Nan Zhong, a Chinese American who is suing the University of California because they rejected his son, Stanley, a child prodigy hired by Google at age 18.Emil Guillermo

    They think we live in a land of meritocracy where affirmative action is dead. Well, it depends on who’s boss. Zhong has accused the UC system and the U.S. Department of Education of discrimination against Asian American applicants, the third of its kind in recent weeks, according to AsAm News.

    Earlier this month, the Students Against Racial Discrimination sued the UC system over its holistic approach to admissions. Another group, The Equal Protection Project sued four Pennsylvania state universities for discrimination against Asians. If you thought the Harvard case which used Asians Americans to end affirmative action last year settled things, you’re wrong.

    Some Asian Americans apparently will keep suing until their kid gets in. No lawyer would take Zhong’s case, so he used AI to file his suit. It’s worth it to Zhong to press on because as he puts it, he’s “really p—sed off.”

    But Zhong’s anger helps exposed how legal discrimination exists and how it’s allowed to happen. And there’s nothing to do about it. Not when it’s dictated from the top.

    TRUMP’S PERSONAL “DEI” LANDSCAPE

    For example, I don’t know any Asian Americans or Native Hawaiians cheering Tulsi Gabbard’s rise to Director of National Intelligence. Maybe Kash Patel—the guy who wants to run the FBI.  Like Gabbard, Patel and let’s include RFK Jr.—the wormhead, former dope addict, and anti-vax mercenary who has now been confirmed to run the Department of Health and Human Services– are all allied. They are three peas in a pod, three objectively unqualified people, who have risen to the top, not because of merit, but because of allegiance to one man, Donald Trump.

    The records of Gabbard, Patel and RFK Jr have all been exposed and are not stellar. Gabbard has never worked for an intelligence agency and is considered by some conservative legislators a dupe for how she has dealt with Russia and Syrian leaders. Would you share secrets with the U.S. with Gabbard at the helm of intelligence?

    Patel has ties to key Jan. 6 figures. He’s been an original denier that Trump lost the 2020 election. But if you think those are partisan issues, then what about just the idea of managing an agency like the FBI. He doesn’t have a resume to match any of the previous FBI directors.

    And then there’s RFK Jr Let’s just say the worm in his brain qualifies him for a disability, mental and physical. If you put aside the controversial issues like vaccinating his kids, but publicly being anti-vax in situations where people have died, just go with his management experience. Has he ever led anything that qualifies him to run an organization with 13 supporting agencies, 80,000 employees, and a budget around $1.7 trillion in mandatory funding, and $130.7 billion in discretionary funding.

    Is he the guy you choose on merit? The answer to RFK Jr is no. As it is for Gabbard and Patel. And the fact is they wouldn’t be hires in a traditional DEI world either, because there are way more qualified people of color to fill the positions. But in this era, they are hires in Trump’s made to order “DEI.” Trump’s pets. They get in when congressional decision makers fold fearing losing their elected positions from candidates funded by the richest man in the world, Elon Musk.

    And this is the model of meritocracy at the federal level that trickles down to higher ed and in private practice? It essentially says what the boss wants goes. It’s more than “who you know.” You have to get to the top person’s approval and give them your undivided loyalty. To the man, not the constitution. And then your owned. It’s antithetical to diversity, equity and inclusion, AND merit. It works well for Trump, but nobody else.

    Look at Pete Hegseth, the former Fox weekend anchor, now Sec. of Defense, now negotiating away Ukraine’s rights as he seeks Trump-Putin’s vision of an end to war. Trump has a younger more telegenic man standing in for him. And the world is a lot worse off. And that’s where we are in these Trump times. It’s sobering. But so is the fact the Harvard case that went all the way to the Supreme Court really didn’t end disputes in higher ed over who gets into the best schools.

    The Asian “winners” weren’t winners after all, in their quest for meritocracy. They were used of course, by the anti-affirmative action folks. Duped. They only want want’s fair. Unfortunately, they were betrayed. I join them in bristling at the headlines about Gabbard and RFK Jr. Meritocracy?

    And I wish Zhong good luck with his suit against UC. At least his son, Stanley, without a degree, has that great job with Google.

    Emil Guillermo is an award-winning journalist, commentator, and adjunct professor. 

     

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  • Ed Secretary Nominee Signals Major Shake-Up for DEI, Civil Rights

    Ed Secretary Nominee Signals Major Shake-Up for DEI, Civil Rights

    In a Senate confirmation hearing that has sent ripples through the higher education community, Education Secretary nominee Linda McMahon acknowledgedLinda McMahon President Trump’s directive to potentially dissolve the Department of Education, while facing pointed questions about diversity initiatives and civil rights protections in education.

    During last Thursday’s hearing before the Senate Committee on Health, Education, Labor and Pensions (HELP), McMahon addressed concerns about the administration’s stance on diversity, equity, and inclusion (DEI) programs in educational institutions. When pressed by Sen. Chris Murphy (D-Conn.) about Trump’s executive order banning DEI programs, McMahon stopped short of providing clear guidance on the future of student cultural organizations and ethnicity-based clubs on campuses.

    The hearing revealed mounting concerns about student data privacy and program funding. Sen. Patty Murray (D-Wash.) highlighted that the Department of Government Efficiency (DOGE) has already gained access to “highly sensitive student data” and has begun withholding congressionally approved funding meant to support schools and students.

    Democratic senators expressed particular concern about the potential dismantling of the Education Department and its impact on civil rights enforcement and disability services in higher education. When questioned about relocating the Individuals with Disabilities Education Act (IDEA) to the Department of Health and Human Services, McMahon defended the potential move by citing declining performance scores despite nearly a trillion dollars in spending since the department’s establishment in 1980.

    McMahon did make several commitments during the hearing, including a pledge to maintain the Pell Grant program, which provides crucial financial aid to millions of college students. She also addressed the issue of antisemitism on college campuses, though specific plans for addressing this concern were not detailed.

    The hearing, which was interrupted multiple times by protesters advocating for public schools and trans students’ rights, highlighted the complex challenges facing the department. McMahon acknowledged that any significant changes to the department’s structure would require congressional approval, despite the president’s stated desire to eliminate it through executive action.

    While McMahon is expected to be confirmed by the GOP-controlled Senate, her hearing has raised significant questions about the future of federal oversight of higher education, particularly regarding civil rights enforcement and diversity initiatives. The HELP panel is scheduled to vote on advancing her nomination to the full Senate floor next Thursday.

    “It’s always difficult to downsize, it’s always difficult to restructure and reorganize in any department,” McMahon said during the hearing, addressing concerns about recent administrative leaves and firings at the department. “I think people should always be treated with respect.”

    For the higher education community, the hearing left several crucial questions unanswered, particularly regarding the future of diversity programs and civil rights protections. Sen. Murphy’s exchange about student cultural organizations highlighted the uncertainty facing many campus groups: “That’s pretty chilling. I think schools all around the country are going to hear that,” he noted after McMahon’s noncommittal response about the permissibility of ethnicity-based student clubs under the new DEI restrictions.

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  • Ohio Senate passes bill to ban DEI and faculty strikes at public colleges

    Ohio Senate passes bill to ban DEI and faculty strikes at public colleges

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    The Ohio Senate on Wednesday passed a far-reaching higher education bill that would ban the state’s public institutions from having diversity, equity and inclusion offices or taking positions on “controversial” topics.

    The bill, known as SB 1, would also establish post-tenure reviews, ban strikes by full-time faculty, and require colleges to publish a syllabus with the instructor’s professional qualifications and contact information for every class.

    Colleges that fail to comply could lose or see reduced state funding.

    The state Senate advanced the legislation in a 21-11 vote largely along party lines — all nine Democrats opposed it, as did two Republicans. The vote came just a day after hundreds of critics spoke out against the proposal during an hourslong hearing Tuesday.

    The second life of SB 83

    Ohio is one of several conservative-controlled states looking to more tightly control their public colleges. But SB 1 is notable for how much it would overhaul the state’s public higher education, including aspects that have traditionally been left to college leaders’ discretion.  

    For example, colleges would be unable to make institutional statements on any topic the bill deems politically controversial, such as “climate policies, electoral politics, foreign policy, diversity, equity, and inclusion programs, immigration policy, marriage, or abortion.”

    The bill would create a mandatory U.S. history college course with prescribed readings, like the U.S. Constitution and at least five essays from the Federalist Papers.

    The state Senate advanced a similar 2023 bill, SB 83, from the same lawmaker,  Republican state Sen. Jerry Cirino. Even though Republicans controlled both chambers of the Legislature and the governor’s mansion in Ohio, the legislation never made it to a vote in the House.

    But times have changed. Matt Huffman, the previous Senate president and a strong supporter of the bill, is now the speaker of the House. Gov. Mike DeWine told local news outlets he was likely to sign the bill, pending a final review, should it make it to his desk.

    SB 1 also goes further than its predecessor. The new bill would ban DEI offices and scholarships altogether, while the previous version only sought to prohibit mandatory DEI trainings and offered exemptions. And SB 1 includes a ban on full-time faculty strikes — a provision that was removed from SB 83 in an effort to assuage labor unions and win House approval.

    Faculty reactions

    Faculty groups and free speech advocates have opposed SB 1 just as they did SB 83. They argue it would chill free speech, hurt recruitment and retention of both students and faculty, and interfere with academic freedom.

    The bill calls for colleges to “ensure the fullest degree of intellectual diversity” on campus and cultivate divergent and varied perspectives on public policy issues, including during classroom discussion.

    “Nothing in this section prohibits faculty or students from classroom instruction, discussion, or debate, so long as faculty members allow students to express intellectual diversity,” the bill says.

    The American Civil Liberties Union of Ohio lambasted the “intellectual diversity” requirements in a statement Tuesday.

    “At best, this language is the micromanaging of individual courses and instructors by the General Assembly,” said Gary Daniels, the group’s chief lobbyist. At worst, he said, it will require all sides of every issue to be evenly presented by instructors, “ignoring their First Amendment right to academic freedom.”

    Cirino sought to cut off some of those criticisms when he reintroduced the bill as the first measure of Ohio’s new legislative session, which started Jan. 6. 

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  • The latest roundup of DEI cuts across the country

    The latest roundup of DEI cuts across the country

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

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

    Trump has aimed to unravel that work.

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

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

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

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

    Arizona State University

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

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

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

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

    Boston University

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

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

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

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

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

    California Polytechnic State University

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

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

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

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  • Community college to reconsider removed DEI materials

    Community college to reconsider removed DEI materials

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

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

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

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  • After FIRE lawsuit, California community colleges will not enforce DEI mandate in classroom

    After FIRE lawsuit, California community colleges will not enforce DEI mandate in classroom

    FRESNO, Feb. 10, 2025 — After a lawsuit from the Foundation for Individual Rights and Expression challenged regulations mandating the evaluation of professors based on their commitment to “diversity, equity, inclusion, and accessibility” (DEIA), the California Community Colleges system and a community college district attested in court that the regulations do not require community college professors to teach and endorse the state’s pro-DEIA views in the classroom.

    In March 2023, the California Community College system amended its tenure and employee review guidelines to “include diversity, equity, inclusion, and accessibility standards in the evaluation and tenure review of district employees.” The new regulations stated that faculty members “shall employ teaching, learning, and professional practices that reflect DEIA and anti-racist principles” and mandated they “promote and incorporate culturally affirming DEIA and anti-racist principles.”

    That August, FIRE filed suit against California Community Colleges and the State Center Community College District on behalf of six Fresno-area community college professors who oppose the highly politicized concepts of “DEIA” (more often called “DEI”) and “anti-racism” and thus did not want to incorporate them into their teaching.

    Forced to defend the regulations in court, the state chancellor and district quickly disclaimed any intention to use the state guidelines or the district’s faculty contract to police what professors teach in the classroom or to punish them for their criticism of DEI. 

    Specifically, the Chancellor’s Office “disavowed any intent or ability to take any action against Plaintiffs” for their classroom teaching. The district likewise confirmed that none of the plaintiffs’ “proposed future actions” for their courses violate the rules or the faculty contract. It added that plaintiffs are not “prohibited from presenting” their “viewpoints or perspectives in the classrooms” and will not “be disciplined, terminated, or otherwise punished for doing so.” 

    In particular, the Defendants denied they would punish Plaintiffs for any of their proposed speech, including “assigning certain literary works, such as Martin Luther King Jr.’s Letters from Birmingham Jail,” using “methodologies and course materials in their classroom” intended to encourage debate and discussion about the merits of DEI viewpoints, criticizing concepts like “anti-racism,” or supporting a color-blind approach to race in their self-evaluations. 

    On Jan. 28, U.S. District Judge Kirk E. Sherriff relied on those assurances to hold as a legal matter that because of the college officials’ disavowals, the professors had not suffered a harm sufficient to challenge the regulations’ constitutionality. In dismissing the lawsuit, Judge Sherriff emphasized that neither the DEI Rules nor the faculty contract “mandate what professors teach or how any DEIA principles should be implemented.”

    “FIRE filed suit to prevent California’s community colleges from evaluating our faculty clients on the basis of their classroom commitment to a political ideology, and that’s exactly the result we’ve achieved,” said FIRE attorney Daniel Ortner. “As a result of our suit, the state and the district promised a federal judge they won’t interfere with our clients’ academic freedom and free speech rights. The classroom is for discussion and exploration, not a top-down mandate about what ideas must take priority. We’ll make sure it stays that way.”

    “FIRE will be watching like a hawk to ensure that the state chancellor and district live up to their word,” said FIRE attorney Zach Silver. “If they force any professors to parrot the state’s DEI views, or punish them for criticizing the state’s position, we’ll be ready to stand up for their rights.”

    COURTESY PHOTOS OF PLAINTIFFS FOR MEDIA USE

    Despite unobjectionable-sounding labels, “diversity, equity, and inclusion” and “anti-racism” frameworks often encompass political topics and ideology that are contested and controversial. The glossary of DEI terms put out by California Community Colleges, for example, stated that “persons that say they are ‘not a racist’ are in denial,” while denouncing “colorblindness” as a concept for “perpetuat[ing] existing racial inequities.”

    DEI requirements are also highly controversial within academia. FIRE’s most recent faculty survey indicated that half of faculty think it is “rarely” or “never” justifiable for universities to make faculty candidates submit statements pledging commitment to DEI before being considered for a job (50%) or to be considered for tenure or promotion (52%).

    Since FIRE filed its lawsuit in 2023, many top universities and university systems have voluntarily moved away from mandatory DEI, including Harvard, the Massachusetts Institute of Technology, and the University of Arizona system. Most recently, the University of Michigan dropped the use of diversity statements in hiring and firing in December 2024 following a viral New York Times article that detailed how the school’s DEI practices stifled academic freedom and discourse at the school.

    FIRE sued on behalf of six professors, James Druley, David Richardson, Linda de Morales, and Loren Palsgaard of Madera Community College, Bill Blanken of Reedley College, and Michael Stannard of Clovis Community College. (Professors Stannard and Druley withdrew from the case in 2024 upon retiring from teaching.)

    “Wherever you stand on the debate over DEI, the important thing is there is a debate in the first place,” said Palsgaard. “I’m happy that thanks to our lawsuit, we know that debate will continue in California, both inside and outside the classroom.”


    The Foundation for Individual Rights and Expression (FIRE) is a nonpartisan, nonprofit organization dedicated to defending and sustaining the individual rights of all Americans to free speech and free thought — the most essential qualities of liberty. FIRE recognizes that colleges and universities play a vital role in preserving free thought within a free society. To this end, we place a special emphasis on defending the individual rights of students and faculty members on our nation’s campuses, including freedom of speech, freedom of association, due process, legal equality, religious liberty, and sanctity of conscience.

    CONTACT:

    Alex Griswold, Communications Campaign Manager, FIRE: 215-717-3473; media@thefire.org

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  • Trump attacks DEI; faculty pick between silence, resistance

    Trump attacks DEI; faculty pick between silence, resistance

    Republicans in red states have been attacking diversity, equity and inclusion in higher education for years. But when Donald Trump retook the White House and turned the federal executive branch against DEI, blue-state academics had new cause to worry. A tenured law professor in the University of California system—who wished to remain anonymous for fear of retaliation and harassment—said they read one of the executive orders that Trump quickly issued on DEI and anticipated trouble.

    “Seeing how ambiguous it is with respect to how they are defining diversity, equity and inclusion, and understanding that the ambiguity is purposeful, I decided to take off from my [university website] bio my own specialty in critical race theory, so that I would not be a target either of the [Trump] administration or of the people that they are empowering to harass,” the professor said.

    The professor said they also told their university they’re not interested in teaching a class called Critical Race Theory for the rest of the Trump administration. They said they faced harassment for teaching it even before Trump returned to the presidency. “A lot of law schools also have race in the law classes, we have centers that are focused on race,” the professor said. “And so all of these kinds of centers and people are really, really concerned—not just about their research, but really, again, about themselves—what kind of individualized scrutiny are they going to get and what’s going to happen to them and their jobs.”

    Given all that, self-protection seemed important. “Things are going to get much worse before they get better,” the professor said, adding that “people are very scared to draw attention to their work if they’re working on issues of race. People like me are pre-emptively censoring themselves.”

    Other faculty, though, say they’re freshly emboldened to resist the now-nationalized DEI crackdown. One with tenure declared it’s time to “take it out and use it.” Inside Higher Ed interviewed a dozen professors for this article, including some at institutions that have seen changes since Trump’s return to office, to see how the crackdown is, or isn’t, affecting them and their colleagues. Their responses range from defiance to self-censorship beyond what Trump’s DEI actions actually require, but all share concern about what’s yet to unfold.

    Diversity, Equity and Confusion

    Trump’s efforts to eradicate DEI began on Inauguration Day, with the returning president issuing an executive order that called for terminating “all discriminatory programs, including illegal DEI” across the federal government. The dictate went on to state that these activities must be stamped out “under whatever name they appear.”

    That order didn’t specifically mention higher education, but the one Trump signed the following day did. It directed all federal agencies “to combat illegal private-sector DEI” programs, demanding that each agency identify “potential civil compliance investigations”—including of up to nine universities with endowments exceeding $1 billion.

    That was Week One. Week Two began with news of a DEI-related funding freeze whose scope was simultaneously sweeping and confusing. A White House Office of Management and Budget memo told federal agencies to pause grants or loans. The office said it was trying to stop funding activities that “may be implicated by the executive orders,” including DEI and “woke gender ideology.”

    Federal judges swiftly blocked this freeze. The Trump administration rescinded the memo. Nevertheless, the White House press secretary wrote on X that “This is NOT a rescission of the federal funding freeze.”

    The White House didn’t respond to a request for comment for this article. While college and university DEI administrators and offices may feel the brunt of the anti-DEI crusade as these positions and entities are eliminated, the campaign could also cast a pall over faculty speech and teaching.

    “This administration does not seem to care about the Constitution or about the existing law,” the anonymous law professor said, adding that “I think, unlike ever before in my own lifetime, I don’t feel safe or secure or I don’t feel the safety of the Constitution in the way that I have in the past.”

    Vice President JD Vance has called professors “the enemy.” The professor said this “has really empowered a lot of civil society to see us as the problem.”

    But Jonathan Feingold, an associate professor at the Boston University School of Law who’s on the cusp of earning tenure and says he’ll continue to teach critical race theory, is counseling against what he and others have called “anticipatory obedience” to Trump.

    “What I am seeing anecdotally reported across the country is universities either scrubbing websites or even potentially shuttering programs or offices,” Feingold said. But he said of the Jan. 21 anti-DEI executive order that “with respect to DEI, there is nothing in it that I see that requires universities to take any action. It certainly is rhetorically jarring and should be understood as a threat, but I don’t see anything that should compel institutions to do anything.”

    “The executive order does not define what Trump is saying is unlawful,” Feingold said. He noted it “almost always is attaching to DEI the term ‘illegal’ or ‘unlawful’ or ‘discriminatory’—which, I believe, is a recognition that DEI-type policies of themselves are not unlawful.” He said the order “rehearses the same racist-laden, homophobic-laden, anti-DEI talking points that the Trump administration loves to go to, but, if you read it closely, it reveals that even the Trump administration recognizes that under existing federal law, most of the DEI-type programs that universities have around the country are wholly lawful.”

    The bottom of that executive order also lists a few carve-outs that may limit the impact on classrooms. The exceptions say the order doesn’t prevent “institutions of higher education from engaging in First Amendment–protected speech,” nor does it stop educators at colleges and universities from, “as part of a larger course of academic instruction,” advocating for “the unlawful employment or contracting practices prohibited by this order.”

    While Feingold said the order doesn’t have teeth, he nevertheless thinks “it’s a very, very dangerous moment right now for faculty members to do their job because the administration is making very clear that it is not OK with any political opposition.” But, he said, “Voluntary compliance is a foolish strategy, given that Trump has telegraphed that he views an independent, autonomous higher education as an enemy. And so I think it’s foolish to think that scrubbing some words on a website are going to satiate what appears to be a desire to suppress any sort of dissenting speech.”

    Still, scrubbing is happening.

    Scrubbing Words

    A few days after Trump’s executive orders, Northeastern University, also in Boston, changed the page for its Office of Diversity, Equity and Inclusion to instead say “Belonging at Northeastern.” Northeastern spokespeople didn’t explain to Inside Higher Ed why the institution took this step; its vice president for communications said in a statement that “while internal structures and approaches may need to be adjusted, the university’s core values don’t change. We believe that embracing our differences—and building a community of belonging—makes Northeastern stronger.”

    In an interview with Inside Higher Ed, Kris Manjapra, the university’s Stearns Trustee Professor of History and Global Studies, declined to speak specifically to what’s happening at Northeastern “because I just don’t have a clear sense of what’s happening.” But, nationally, Manjapra said, “We are witnessing a series of challenges to academic freedom” and witnessing the rise of “what seems to be a fascist coalition, and we are clearly seeing the beginning of reprisals against different institutions that are essential to the functioning of democracy.”

    “Although the current language of the attack is being framed as the crackdown on DEIA,” Manjapra said, using the longer initialism for diversity, equity, inclusion and accessibility, he said he thinks that’s a “shroud” for what will likely “become a wider attack on the very foundations of what we do at universities—fundamentally, the practice of scientific inquiry and pursuit of ethical reflection.” He also said there’s a larger “attack on democracy and on civil society” in the offing.

    “Part of my research has been on the context of German-speaking Europe, and what was happening in the 1920s, in the 1930s, in Germany, and it’s chilling to see patterns from the past return—especially the attack on universities and on free speech and on books,” Manjapra said.

    But he said he’s not being chilled; quite the opposite. “The only change that may happen is that I will just be speaking more boldly,” Manjapra said. He said this is “an attack on the very essence of our purpose as academics. And in the face of that attack, the only thing that can be done is to face it head-on.”

    In the Midwest, a Republican-controlled state that already cracked down on DEI now appears to be going further, according to one faculty member. An untenured Iowa State University assistant professor—who said he wished to remain anonymous for fear of exposing colleagues to retaliation and for fear of colleagues limiting their future communication—said he attended a town hall meeting for his college last week after Trump’s executive orders. While state legislators had already banned DEI offices across Iowa’s public universities, the assistant professor said his dean now said more action was required.

    “Our directive is to eliminate officers and committees with DEIA missions in governance documents and remove language from strategic plan documents about DEIA objectives, and plans for both those are underway across the university,” the professor said. He said, “We know from state politics that state legislators and the governor’s office are going to be looking for workarounds, so they’re not just interested in the literal language, they’re going to be looking probably to see if there’s any way that people are trying to linguistically skirt the specific requirements.”

    The professor said his dean guessed “we have something like two weeks to make these changes.” In an emailed response to Inside Higher Ed’s questions, an Iowa State spokesperson said simply that the university “continues to work with the Iowa Board of Regents to provide guidance to the campus community on compliance with the state DEI law,” without mentioning any role Trump’s recent actions may be playing.

    As for his own teaching, the Iowa professor said, “I don’t intend to change my own curriculum.” He said, “There are classes that I regularly teach that the current content of which would almost certainly get me into trouble.” He said, “I’m asking myself now, ‘What would I be willing to lose my job for?’ and, ‘What would our administrators and university leadership be willing to lose their jobs for?’”

    On Thursday, a communications officer for the Georgia Institute of Technology’s School of Interactive Computing sent out an email saying that “Georgia Tech communicators, including myself, have been directed to delete all content that contains any of the following words that are in the context of DEI from any Georgia Tech affiliated website,” including “DEI,” all the words that make up DEI, “inclusive excellence” and “justice.”

    “Unfortunately, this will result in the deletion of dozens of stories that I and previous communications officers have written,” he wrote. He also said that the faculty hiring page had been taken down and would remain down until faculty and staff “submit new copy” for that page.

    Faculty shared this communication online, expressing concerns and debating what it meant. Dan Spieler, an associate psychology professor at Georgia Tech, said the threats of universities not getting research grant funding “has the potential to blow a massive hole in Georgia Tech’s budget—a massive hole in, like, everyone’s budget.” So, he said that, among administrators, “my guess is that there’s a lot of discussion about how do we stay off the radar, how do we keep the grants flowing?”

    (In an emailed statement to Inside Higher Ed, a Georgia Tech spokesperson said, “As a critical research partner for the federal government, Georgia Tech will ensure compliance with all federal and state rules as well as policies set by the Board of Regents of the University System of Georgia to continue accelerating American innovation and competitiveness. Efforts to examine and update our web presence are part of this ongoing work.”)

    At institutions with weak faculty governance such as Georgia Tech, Spieler said, “administrators will largely have free rein, at least in the first pass” for deciding how to respond. But, when it comes to his own teaching, he said, “I’m not going to change a goddamn thing, because I have tenure and if you don’t take it out and use it once in a while, then, you know, what’s the point?”

    “I think we’re going to find out who truly was actually interested and committed to ideals like diversity, equity and inclusion, and who was just paying lip service to it,” he said.

    Dànielle DeVoss, a tenured professor and department chair of writing, rhetoric and cultures at Michigan State University—which made headlines over canceling and then rescheduling a Lunar New Year event after Trump retook the presidency—said, “I think we’re in the midst of a deliberate, strategic campaign of generating fear and anxiety.” She suggested faculty and administrators may have to respond to Trump’s DEI crackdown differently.

    “I suspect university-level messaging has to be much more nuanced,” DeVoss said. “I mean, we’re a public institution. Individual faculty and academic middle managers like myself have, I think, more wiggle room to be activists and advocates. But our top-level administration, their responsibility is to protect our institution, our funding, our budgets.” However, she said, “faculty have academic freedom, and of course freedom of speech, protecting our individual actions.”

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  • As DEI is scapegoated, silence is complicity (opinion)

    As DEI is scapegoated, silence is complicity (opinion)

    President Trump has used diversity, equity and inclusion to explain failures in education, the economy and national security, so you might think we’d be inured to his strategies by now. When he blamed the tragic plane crash in Washington, D.C., on DEI, he reached a new nadir of callousness. The victims of the crash had not even been recovered and he was blaming DEI policies for “lower” standards. When pressed by reporters, he couldn’t even articulate the object of his complaint or any specifics related to last week’s crash. His instinct, though, reveals a deeper, more troubling current.

    By tacking immediately to DEI in the wake of a tragedy, he seeks to create an association in the minds of Americans: People of color are underqualified and incompetent. As a woman of color who earned a Ph.D. and is also the president of a university, I know these narratives are baseless. I know how many talented, innovative people of color there are in our country. I know that their leadership, research and intelligence have produced countless benefits to our society. I also know that we have spent the last century undoing the psychological and practical damage of systemic racism in our nation. We have spent precious capital in our country recreating equality of opportunity, and programs of diversity, equity and inclusion have been essential to this transformation.

    When a president of the United States has the audacity to pose DEI as a corruption tool he is combating, I cannot be silent. It is an affront to those who sacrificed in the multiple civil rights struggles of the 20th century and helped position our nation as a place with more equality of opportunity than ever in our history. Education has been a central part of that architecture.

    As a student of language and culture, I also know that when a president and his narrow-minded minions repeat a paradigm ad nauseam, people start to believe it. The forerunner of exclusion and violence across history has been gradual dehumanization. Let us not be complicit with our silence.

    DeRionne P. Pollard is president of Nevada State University. The views expressed here are her own and do not represent the views of Nevada State University or the Nevada System of Higher Education.

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