Tag: Executive

  • Trump Signs Executive Order on Enforcement of Immigration Laws, Potentially Leading to Increased Worksite Enforcement Action

    Trump Signs Executive Order on Enforcement of Immigration Laws, Potentially Leading to Increased Worksite Enforcement Action

    by CUPA-HR | January 29, 2025

    Along with several immigration-related executive orders and actions issued on Inauguration Day, President Trump signed an executive order titled “Protecting the American People Against Invasion.” The EO sets several directives for U.S. Immigration and Customs Enforcement (ICE) and U.S. Citizenship and Immigration Services (USCIS) to enforce immigration law against immigrants without permanent legal status in the U.S. and could implicate employers the government deems as “facilitating” the presence of such individuals.

    Sections 4 and 5 of the EO establish civil and criminal enforcement priorities for relevant federal agencies. Specifically, the EO directs the secretary of Homeland Security to enable ICE and USCIS to set priorities for their agencies that would ensure successful enforcement of final orders of removal. Additionally, Section 8 of the EO directs increased enforcement action in the form of civil fines and penalties. The EO directs the secretary of Homeland Security to ensure assessment and collection of all fines and penalties from individuals unlawfully present in the U.S. and, notably, those who facilitate such individuals’ presence in the U.S.

    Depending on how the agencies respond to this order, these three sections of the EO could lead to an uptick in worksite enforcement action. As a result of this EO, agencies could take increased enforcement action for employment-related immigration law, which could lead to agency actions such as Form I-9 audits and potential investigations and worksite visits related to immigration compliance. Employers who are not in compliance with federal immigration laws could be considered as entities that potentially “facilitate” the presence of immigrants without permanent legal status, which could lead to significant fines and other penalties for the employers.

    Next Steps for HR Leaders

    CUPA-HR has always worked to help you ensure that your institution’s Form I-9 processes are in compliance with federal requirements, and we’ve partnered with USCIS for many years to provide periodic guidance, support and resources. We also understand that it is sometimes a challenge to ensure total compliance for large, sprawling campuses and that some of you have employees at worksites across your state, the country and the globe. Through speeches and actions like this executive order, the Trump administration has made it clear that they intend to focus enforcement efforts on immigrants without permanent legal status and businesses employing them. As noted above, it is possible that there could be I-9 audits and site visits to ensure compliance. Penalties for noncompliance could include very large fines and loss of federal funding.

    In light of this EO, it is vital for institutions to review their compliance with immigration laws regarding employment eligibility and work authorization. There are several questions HR leaders should ask themselves when reviewing compliance:

    • If you were notified tomorrow that your institution’s Form I-9 records were going to be audited in the coming weeks, where would your institution be most vulnerable?
    • What actions do you need to take today to address any potential vulnerabilities?
    • Do your presidents, provosts and other campus leaders understand and appreciate the magnitude of this potential challenge?
    • What changes do you need to make to your institution’s hiring and onboarding practices now to ensure compliance moving forward?

    CUPA-HR will continue to monitor for any additional updates related to the Form I-9 and other hiring processes related to work authorization. If you need additional guidance or resources, please review the CUPA-HR I-9/E-Verify Toolkit.



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  • Trump signs executive order targeting DEI policies at colleges

    Trump signs executive order targeting DEI policies at colleges

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    Dive Brief:

    • President Donald Trump signed an executive order Tuesday targeting diversity, equity and inclusion programs at colleges and other “influential institutions of American society,” escalating the Republican-led crusade against DEI. 
    • The executive order declares that DEI policies and programs adopted by colleges and others can violate federal civil rights laws and directs federal agencies to “combat illegal private sector DEI preferences, mandates, policies, and activities.”
    • Trump’s order also directs each federal agency to identify up to nine corporations or associations, large foundations, or colleges with endowments over $1 billion as potential targets for “civil compliance investigations.”

    Dive Insight: 

    Republicans have railed against diversity and inclusion programming on college campuses for years, with state lawmakers enacting 14 pieces of legislation that restrict or bar DEI since 2023, according to a tally from The Chronicle of Higher Education. 

    Federal lawmakers have likewise targeted DEI programs at colleges in hearings and proposed bills. With Trump’s flurry of recent executive orders, however, the newly sworn-in president has made clear that his administration will ramp up the fight against DEI at the federal level. 

    “Institutions of higher education have adopted and actively use dangerous, demeaning, and immoral race- and sex-based preferences under the guise of so-called ‘diversity, equity, and inclusion,’” the order states. 

    Jeremy Young, director of state and higher education policy at PEN America, a free expression organization, voiced concerns about the executive order. 

    “It launches a series of investigations into universities for merely having a DEI office or promoting DEI, diversity work on their campus,” Young said. “That, to us, is a pretty straightforward violation of the intellectual freedom of a university to promote ideas of all kinds on its campus.”

    At minimum, government investigations could amount to a nuisance, but at maximum, they could lead to lawsuits and actions against colleges, Young added. 

    Young also said the order is designed to sow division in the higher education sector by targeting colleges with endowments worth $1 billion or more. 

    “My hope is that higher education institutions will see this attack on a subset of their members as an attack on everyone,” Young said. 

    Trump’s new order also lacks a clear definition of what it deems as DEI programs or policies, Young said, raising concerns about unconstitutionally vague language. 

    State bills banning DEI similarly don’t have clear definitions, Young said. 

    “They become effectively a license to censor,” Young said. “Any government agency looking at them can claim that something is DEI because there is no actual definition in the order.”

    Trump’s order directs the nation’s attorney general, in consultation with federal agencies, to propose potential litigation against the private sector to enforce civil rights laws. It also orders agencies to identify “potential regulatory action and sub-regulatory guidance.”

    Trump also directed the U.S. education secretary to work with the nation’s attorney general to issue guidance to federally funded colleges within the next 120 days regarding how they can comply with the landmark 2023 Supreme Court decision that struck down race-conscious admissions. Trump’s nominee for education secretary, former World Wrestling Entertainment president and CEO Linda McMahon, is awaiting Senate confirmation hearings for the post.

    Tuesday’s executive order comes after he signed several other directives on the first day of his presidency meant to dismantle DEI efforts within the federal workforce. 

    Tim Walberg, the Michigan Republican who chairs the House Committee on Education and Workforce, lauded the executive actions against DEI. 

    “DEI has bloated education budgets while telling students what to think instead of how to think,” Walberg said in a Wednesday statement. “I commend the Trump administration for dismantling DEI.” 

    Tuesday’s executive order clarifies that instructors at colleges that get federal aid are not prohibited from “advocating for, endorsing, or promoting the unlawful employment or contracting practices prohibited by this order” in their academic courses. 

    But Young said he hasn’t seen any legislation or executive order claiming to restrict DEI that doesn’t also restrict faculty instruction or roles in some way. “We have come to the conclusion that it may be impossible to do that,” Young said. 

    Trump’s order also says it does not prevent colleges from engaging in speech protected by the First Amendment. 

    Young, however, said language like this amounts to a meaningless statement, as the First Amendment supersedes an executive order.  

    “The problem is that the language plainly does violate the First Amendment, and therefore it’s going to be years before the courts adjudicate it and, meanwhile, people have to live under these executive orders,” Young said.

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  • Trump’s stated promise: ‘Stop all government censorship’ and his free speech Executive Order — First Amendment News 454

    Trump’s stated promise: ‘Stop all government censorship’ and his free speech Executive Order — First Amendment News 454

    Unprecedented.

    Let’s begin with President Donald Trump’s second inaugural address (Jan. 20), if only to contrast it with last week’s condemnation of his lawsuit against J. Ann Selzer, the Des Moines Register, and its parent company Gannett (see also FAN 451449 and 436). 

    Ready? Here it goes: 

    After years and years of illegal and unconstitutional federal efforts to restrict free expression, I will also sign an executive order to immediately stop all government censorship and bring back free speech to America.

    Never again will the immense power of the state be weaponized to persecute political opponents, something I know something about. We will not allow that to happen. It will not happen again. Under my leadership, we will restore fair, equal, and impartial justice under the constitutional rule of law.

    Never againIt will not happen againStop all government censorship

    And there’s more: When it comes to free speech, all views will be treated with “impartial justice.” Against that promissory note, let us turn to his unprecedented executive order as discussed below.

    Executive Order: Jan. 20, 2025

    By the authority vested in me as President by the Constitution and the laws of the United States of America, and section 301 of title 3, United States Code, it is hereby ordered as follows:

    What follows is a brief description of the Executive Order along with some preliminary comments.

    Section 1. Purpose

    This section opens with an attack on the Biden administration’s alleged “trampl[ing of] free speech rights” when it comes to “online platforms.” Such abridgments, it is asserted, were done in the name of combating “misinformation,” “disinformation,” and “malinformation” in order to advance the Biden administration’s “preferred narrative.” 

    Note at the outset that this section is primarily addressed to reversing the Biden administration’s apparent censorship of online expression. Even so, there is a generalized statement: “Government censorship of speech is intolerable in a free society.”

    Keep that in mind when it comes to what is set out in Section 4 below.

    Section 2. Policy

    This section focuses on four commitments: (i) securing free speech rights of all “American[s]”; (ii) mandating that “no [federal] agent engages in or facilitates” abridgments of free speech; (iii) ensuring that no “taxpayer resources” are used to abridge free speech; and (iv) identify and correct any past federal abridgments of free speech.

    Unlike Section 1, the explicit focus of this section is not confined to any free speech abridgments committed by the previous administration. The focus is on securing free speech rights of “citizens.” Hence, the policy is directed to an affirmative obligation of the Executive branch to protect free speech rights. The operative action words are “secur[ing],” “ensur[ing],” and “identify[ing].”

    Thus, there is a duty to ensure that no federal officers are used or taxpayer dollars expended in violation of the Speech Clause of the First Amendment. Also, unlike Section 1, much of Section 2 applies to all free speech rights and not those confined to social media. There is also a promise to investigate for any and all existing abridgments of free speech committed by “past misconduct by the Federal Government.”

    Section 3. Ending Censorship of Protected Speech

    Like Section 1, this section focuses on the actions of the past administration (i.e., abridgments committed “over the past four years”). This section, unlike section 2, explicitly applies to federal departments and agencies, though it also applies to federal officers, agents and employees. Such agencies and departments must comply with the requirements of Section 2.

    The second portion of this section deals with the investigative powers of the attorney general working “in consultation with the heads of executive departments and agencies.” Again, this investigation is confined to wrongs committed by the past administration. Following such investigations, a “report” shall be submitted to the President suggesting “remedial actions.”

    Much of this section seems repetitive of what is set out in Section 2, save for the references to federal departments and agencies and the need for investigation followed by a report to the President. Note that under Section 3, remedial action is suggested, whereas under Section 4, per this Executive Order, remedial action against the United States and its officers is prohibited.

    Section 4. General Provisions

    In order to appreciate the import of this clause, it is best to quote the final provision (sub-section (c) it in its entirety (with emphasis added):

    This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

    The opening provisions of this Section refer to authorizations of grants of executive power. The Order is to be implemented consistent with the “applicable law and subject to the availability of appropriations.”

    Importantly, While the First Amendment is a prohibition against the federal government and all its officers, this Executive Order:

    1. applies to free speech wrongs committed during “the last 4 years” or “past misconduct by the Federal Government” or abridgments occurring “over the last 4 years,” though there is a passing mention of securing the free speech rights of all “American[s].” 
    2. Yet even as against such past alleged free speech wrongs, the sole remedy is by way of corrective action taken by the Executive Branch. 
    3. If such corrective action, or any other actions taken by Executive officials in pursuance of this Executive Order, themselves abridge First Amendment rights, there is no independent remedy secured by the Order.

    Related

    FIRE weighs in with its own free speech recommendations to the President

    Below are the four general categories of recommendations made (see link above for specifics):

    1. Support the Respecting the First Amendment on Campus Act
    2. Address the abuse of campus anti-harassment policies
    3. Rein in government jawboning
    4. Protect First Amendment rights when it comes to AI

    “As president, Trump inherits the privilege and the obligation to defend the First Amendment rights of all Americans, regardless of their viewpoint — and FIRE stands ready to help in that effort.”

    Justice Ketanji Brown Jackson in free expression mode at the Inauguration?

    Justice Ketanji Brown Jackson at Trump Inauguration in 2024 wearing a distinctive collar adorned with cowrie shells, which are believed to offer protection from evil.

    Justice Ketanji Brown Jackson at the inauguration of Donald Trump on Jan. 20, 2024. (Imagn Images)

    According to Christopher Webb, such “a distinctive collar adorned with cowrie shells . . . are believed to offer protection from evil in African traditions.” (See also, Josh Blackman, “Justice Jackson Did Not Wear a Dissent Collar To The Inauguration. She Apparently Wore a Talisman To Ward Off Evil,” The Volokh Conspiracy (Jan. 21))

    Excerpts from Virginia Court of Appeals decision in Patel v. CNN, Inc.

    Kash Patel at the 2023 Conservative Political Action Conference

    Kash Patel, seen here at the 2023 Conservative Political Action Conference, is President Donald Trump’s nominee to head the FBI. (Consolidated News Photos / Shutterstock.com)

    An excerpt from today’s Virginia Court of Appeals decision in Patel v. CNN, Inc., decided by Judge Rosemarie Annunziata, joined by Judge Vernida Chaney (the opinions weigh in at over 12,000 words, so I only excerpt some key passages).

    Abortion picketing case lingers on docket

    The cert. petition in the abortion picketing case, with Paul Clement as lead counsel, has been on the Court’s docket since July 16 of last year. It has been distributed for conferences seven times, the last being Jan. 21. In his petition, Mr. Clement (joined by Erin Murphy) explicitly called on the Court to “overrule Hill v. Colorado.” (See FAN 433, July 31, 2024))

    Paul Clements and Erin Murphy

    Paul Clements and Erin Murphy

    More in the News

    2024-2025 SCOTUS term: Free expression and related cases

    Cases decided 

    • Villarreal v. Alaniz (Petition granted. Judgment vacated and case remanded for further consideration in light of Gonzalez v. Trevino, 602 U. S. ___ (2024) (per curiam))
    • Murphy v. Schmitt (“The petition for a writ of certiorari is granted. The judgment is vacated, and the case is remanded to the United States Court of Appeals for the Eighth Circuit for further consideration in light of Gonzalez v. Trevino, 602 U. S. ___ (2024) (per curiam).”)
    • TikTok Inc. and ByteDance Ltd v. Garland (The challenged provisions of the Protecting Americans from Foreign Adversary Controlled Applications Act do not violate petitioners’ First Amendment rights.)

    Review granted

    Pending petitions

    Petitions denied

    Last scheduled FAN

    FAN 453: “‘The lawsuit is the punishment’: Reflections on Trump v. Selzer

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

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  • Trump Issues Executive Order to Restrict Gender Ideology in the Federal Government

    Trump Issues Executive Order to Restrict Gender Ideology in the Federal Government

    by CUPA-HR | January 22, 2025

    On January 20, the Trump administration issued an executive order (EO) titled, “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.” The EO was one of several executive orders and actions published by the Trump administration on its first day in office.

    The EO states that the United States government will recognize only two sexes — male and female — and defines sex as “an individual’s immutable biological classification as either male or female.” The definition continues to say that sex is “not a synonym for and does not include the concept of ‘gender identity.’” The executive order also defines “woman” and “girl” and “man” and “boy” to be adult and juvenile human females and males, respectively.

    The EO orders the secretary of health and human services to provide guidance expanding on the definitions established in the EO. It also directs all federal agencies to use the definitions set forth in the order “when interpreting or applying statutes, regulations, or guidance and in all other official agency business, documents, and communications.” All federal agencies will also be directed to use the term “sex” and not “gender” when administering or enforcing sex-based distinctions in applicable federal policies and documents.

    It also appears that the Trump administration hopes to codify these definitions into law through Congressional action. Specifically, the EO directs the assistant to the president for legislative affairs to provide the president proposed bill text to codify the definitions set in the order within 30 days.

    The EO also discusses the Supreme Court’s decision in Bostock v. Clayton County, which held that Title VII of the Civil Rights Act of 1964 protects employees from discrimination on the basis of sexual orientation or gender identity. The EO states that the Biden administration argued that the Bostock decision “requires gender identity-based access to single-sex spaces under, for example, Title IX of the Educational Amendments Act,” which the Trump administration states is “legally untenable.” As such, the EO directs the U.S. attorney general to issue guidance to federal agencies to “correct the misapplication” of Bostock to “sex-based distinctions in agency activities.” The EO also directs the attorney general to issue guidance and assist federal agencies in protecting sex-based distinctions.

    The EO directs all federal agencies to submit an update to the Trump administration on implementation of this order within 120 days. The update is required to include information on changes to agency documents and agency-imposed requirements on federally funded entities, including federal contractors, that were implemented to comply with the order. The head of each federal agency is also directed to rescind all guidance documents inconsistent with the requirements of the order, and the EO includes a partial list of documents that the administration deems as inconsistent, including several Department of Education guidance documents on Title IX and the Equal Employment Opportunity Commission’s 2024 Enforcement Guidance on Harassment in the Workplace.

    Finally, the EO directs agencies to take “all necessary steps, as permitted by law, to end the federal funding of gender ideology” and to “assess grant conditions and grantee preferences” to “ensure grant funds do not promote gender ideology.”

    Federal agencies will soon begin to take action and announce guidance to comply with the EO requirements. Institutions should therefore be aware of forthcoming guidance from the Department of Education on Title IX as a result of this EO. There could also be future ramifications for institutions that receive federal funds, including grants and contracts. CUPA-HR will continue to monitor for agency actions as well as any additional updates from the Trump administration as it relates to sex and gender-related policy.



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  • Trump Signs Executive Order Ending DEI Programs Including Affirmative Action

    Trump Signs Executive Order Ending DEI Programs Including Affirmative Action

    by CUPA-HR | January 22, 2025

    On January 22, President Trump signed an executive order (EO) titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” The EO directs all federal agencies to “terminate all discriminatory and illegal preferences, mandates, policies, programs, activities, guidance, regulations, enforcement actions, consent orders, and requirements,” to enforce “longstanding civil rights laws,” and to “combat illegal private-sector DEI preferences, mandates, policies, programs, and activities.” The White House also published a fact sheet to supplement the order.

    The EO lists several other executive orders that the Trump administration is revoking. Notably, the Trump EO revokes executive order 11246, titled “Equal Employment Opportunity,” which has required federal contractors to have affirmative action plans since 1965. Additionally, the EO orders the Office of Federal Contract Compliance Programs (OFCCP) at the Department of Labor (DOL) to immediately cease “promoting diversity,” “holding federal contractors and subcontractors responsible for taking ‘affirmative action,’” and “allowing or encouraging federal contractors or subcontractors to engage in workforce balancing based on race, color, sex, sexual preference, religion, or national origin.” Both of these actions are explained by the EO to streamline the federal contracting process “to enhance speed and efficiency, reduce costs, and require federal contractors and subcontractors to comply with our civil rights laws.”

    The EO also directs each federal agency to include in every federal contract or grant award a term requiring a contractual counterparty or grant recipient to agree that it is in compliance with all applicable federal anti-discrimination laws and a term requiring the counterparty or recipient to certify that it does not operate “any programs promoting DEI that violate any applicable federal antidiscrimination laws.”

    The EO also includes orders to encourage the private sector to cease DEI programs and initiatives. Specifically, the EO directs the attorney general, in consultation with other relevant agencies, to promulgate a report with recommendations to enforce civil rights laws and encourage the private sector to end DEI practices. The report is required to identify “the most egregious and discriminatory DEI practitioners in each sector of concern.” It also requires each agency to identify up to nine potential civil compliance investigations as a way to deter DEI programs or principles. The EO lists institutions of higher education with endowments over $1 billion as potential targets for the civil compliance investigations.

    Finally, the EO directs the attorney general and secretary of education to issue guidance to state and local educational agencies and institutions of higher education that receive federal dollars or participate in the Title IV federal student loan assistance program regarding “the measures and practices required to comply with Students for Fair Admissions, Inc. v. President and Fellows of Harvard College.”

    The EO will have widespread implications for federal contractors in the higher education community. CUPA-HR will share further developments on this EO as they are released.



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  • Trump Signs Executive Order Ending DEI Programs Including Affirmative Action

    Trump Signs Executive Order Ending DEI Programs Including Affirmative Action

    by CUPA-HR | January 22, 2025

    On January 22, President Trump signed an executive order (EO) titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” The EO directs all federal agencies to “terminate all discriminatory and illegal preferences, mandates, policies, programs, activities, guidance, regulations, enforcement actions, consent orders, and requirements,” to enforce “longstanding civil rights laws,” and to “combat illegal private-sector DEI preferences, mandates, policies, programs, and activities.” The White House also published a fact sheet to supplement the order.

    The EO lists several other executive orders that the Trump administration is revoking. Notably, the Trump EO revokes executive order 11246, titled “Equal Employment Opportunity,” which has required federal contractors to have affirmative action plans since 1965. Additionally, the EO orders the Office of Federal Contract Compliance Programs (OFCCP) at the Department of Labor (DOL) to immediately cease “promoting diversity,” “holding federal contractors and subcontractors responsible for taking ‘affirmative action,’” and “allowing or encouraging federal contractors or subcontractors to engage in workforce balancing based on race, color, sex, sexual preference, religion, or national origin.” Both of these actions are explained by the EO to streamline the federal contracting process “to enhance speed and efficiency, reduce costs, and require federal contractors and subcontractors to comply with our civil rights laws.”

    The EO also directs each federal agency to include in every federal contract or grant award a term requiring a contractual counterparty or grant recipient to agree that it is in compliance with all applicable federal anti-discrimination laws and a term requiring the counterparty or recipient to certify that it does not operate “any programs promoting DEI that violate any applicable federal antidiscrimination laws.”

    The EO also includes orders to encourage the private sector to cease DEI programs and initiatives. Specifically, the EO directs the attorney general, in consultation with other relevant agencies, to promulgate a report with recommendations to enforce civil rights laws and encourage the private sector to end DEI practices. The report is required to identify “the most egregious and discriminatory DEI practitioners in each sector of concern.” It also requires each agency to identify up to nine potential civil compliance investigations as a way to deter DEI programs or principles. The EO lists institutions of higher education with endowments over $1 billion as potential targets for the civil compliance investigations.

    Finally, the EO directs the attorney general and secretary of education to issue guidance to state and local educational agencies and institutions of higher education that receive federal dollars or participate in the Title IV federal student loan assistance program regarding “the measures and practices required to comply with Students for Fair Admissions, Inc. v. President and Fellows of Harvard College.”

    The EO will have widespread implications for federal contractors in the higher education community. CUPA-HR will share further developments on this EO as they are released.



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  • Indiana governor issues executive order eliminating DEI

    Indiana governor issues executive order eliminating DEI

    Indiana governor Mike Braun signed an executive order Wednesday eliminating diversity, equity and inclusion in all state agencies and replacing it with what he’s calling “MEI”—merit, excellence and innovation.

    The order requires all executive branch state agencies to uphold the Supreme Court’s 2023 decision in Students for Fair Admissions vs. Harvard, which prohibited the consideration of race in college admissions, noting that “eliminating racial discrimination means eliminating all of it” and that equal protection applies “without regard to any differences of race, of color, or of nationality.”

    Under the order, government offices cannot use state funds, property or resources to support DEI initiatives, require job candidates to issue DEI statements or “mandate any person to disclose their pronouns.” State agencies must review their individual programs and policies for compliance by April 30 and provide a written report to the governor by July 1.

    The order also closes the government’s Office of the Chief Equity, Opportunity and Inclusion Officer, which was created in 2020 under Braun’s predecessor, Governor Eric Holcomb.

    This makes Indiana the second state this year to eliminate DEI by executive order, following West Virginia.

    Among the other executive orders Braun signed during his first week as governor was one requiring the state personnel office to review all job postings and eliminate degree requirements for positions where they’re not necessary.

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  • West Virginia Executive Order on ‘DEI’ unconstitutionally limits university classroom discussions.

    West Virginia Executive Order on ‘DEI’ unconstitutionally limits university classroom discussions.

    West Virginia Gov. Patrick Morrisey issued an executive order yesterday to eliminate certain diversity, equity, and inclusion practices in state agencies and organizations that receive state money. While the state may limit certain programs or activities of state agencies, the executive order is written so broadly that it applies to classroom instruction in higher education. As such, the executive order violates the First Amendment and must be rescinded or amended to make clear that it does not affect what’s discussed in college classrooms. If the order is not rescinded or amended, West Virginia’s public institutions must protect faculty academic freedom rights and make sure that classroom teaching is not affected. 

    If you are a faculty member whose teaching may be impacted by Executive Order 3-25, FIRE is here for you.

    Provision 1.b. sweeps in an enormous amount of expression protected under the First Amendment protected expression at West Virginia’s universities and colleges. It provides: 

    [No] entity receiving state funds, shall utilize state funds, property, or resources to . . . Mandate any person to participate in, listen to, or receive any education, training, activities, procedures, or programming to the extent such education, training, activity, or procedure promotes or encourages the granting of preferences based on one person’s particular race, color, sex, ethnicity, or national origin over that of another.

    This language violates the First Amendment, reaching college classroom instruction and discussion. It is viewpoint-discriminatory, prohibiting faculty from sharing any material that “promotes or encourages” a view while allowing them to criticize that viewpoint. And while other states’ anti-DEI efforts have included language that might protect discussions in university and college classrooms, West Virginia’s does not — instead, it applies to any agency receiving state funds. West Virginia’s public universities cannot both comply with the executive order and their obligations under the first Amendment. 

    Governor Morrisey should rescind or amend the Executive Order to make clear that it does not affect higher education classroom instruction. 

    Whatever authority states might have to regulate other state agencies (including K-12 education and non academic higher education programming), the university classroom context is different. The First Amendment protects the right of faculty members at public universities and colleges to discuss pedagogically-relevant material in their courses, even if that material is offensive to students, colleagues, the public, or lawmakers. As the Supreme Court held in Keyishian v. Board of Regents of the University of the State of New York (1967), state officials cannot use the law to impose an “orthodoxy over the [college] classroom,” where students learn “through wide exposure to that robust exchange of ideas,” not “authoritative selection,” wrote Justice William Brennan.

    FIRE has defended this important right across the ideological spectrum in courts across the country, successfully suing over Florida’s “Stop WOKE Act” and maintaining an ongoing challenge against California’s requirement that faculty incorporate ‘anti-racist’ viewpoints into their classroom teaching.

    Executive Order 3-25 violates those First Amendment rights. Under Executive Order 3-25:

    • A law professor teaching constitutional law cannot present Supreme Court opinions arguing in favor of race-conscious admissions at universities and colleges, including the dissenting opinions in Students for Fair Admissions v. Harvard College or the plurality or majority opinions in Bakke and Grutter.
    • A college professor cannot recount other arguments in favor of affirmative action or racial preferences, which remain legal in many other circumstances outside of the university context.
    • A professor discussing reparations — including proposals recently introduced in the United States Senate — can only criticize reparations, but could not present arguments in favor, even if they want to dissect those arguments.
    • A history professor would have to think twice before presenting materials relating to historic immigration policies that limited immigrants by national origin, as that might “promote” preferences based on national origin.
    • A political science professor cannot present materials arguing in favor of continuing to limit Selective Service (i.e., the military draft) registration requirements to men, or limiting combat roles to men, as those arguments would “promote” preferences based on sex.

    Diversity, equity, and inclusion statements FAQ

    Issue Pages

    Vague or ideologically motivated DEI statement policies can too easily function as litmus tests for adherence to prevailing ideological views on DEI.


    Read More

    Worse still, it is impossible for an educator to know what might “promote or encourage the granting of preferences” with regard to a particular student. For instance, since students reading the Supreme Court decisions in Bakke and Grutter may find their arguments convincing, even teaching about these landmark cases would risk violating the executive order. This cannot be reconciled with the First Amendment and academic freedom rights of West Virginia students and professors.

    The plain language of the provision clearly conflicts with West Virginians’ constitutional rights. Governor Morrisey should rescind or amend the Executive Order to make clear that it does not affect higher education classroom instruction. If you are a faculty member whose teaching may be impacted by Executive Order 3-25, please contact FIRE: https://thefire.org/alarm.

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  • A Q&A with the American Historical Assoc. executive director

    A Q&A with the American Historical Assoc. executive director

    A chapter of history is closing: Jim Grossman is retiring after 15 years as executive director of the American Historical Association, a group of more than 10,400 members. He began leading the scholarly organization after two decades at Chicago’s independent Newberry Library, where he was vice president for research and education. His own scholarly work focused on American urban history, especially of Chicago, and the Great Migration of African Americans.

    In the past decade and a half, the AHA and its members have commented on contemporary controversies that have arisen from or invoked historical events, such as the Charlottesville, Va., white supremacist rally; the debate over whether to remove Confederate monuments; the Jan. 6, 2021, U.S. Capitol insurrection; and more. Over that time, lawmakers in some states began restricting how history—especially when it’s relevant to current events—is taught.

    Grossman headed the AHA amid such controversies and has repeatedly spoken out in defense of the discipline. He’s denounced the first Trump administration’s 1776 Commission report, which criticized histories produced by Howard Zinn and The New York Times Magazine’s 1619 Project. Grossman called the report “history without historians.” He’s also pushed for other historians to do more public-facing work.

    The AHA has itself faced criticism during Grossman’s tenure, including for then-president Jim Sweet’s critique of The 1619 Project in 2022. This past weekend, it entered another current controversy when attendees of its annual conference overwhelmingly passed a resolution opposing “scholasticide” in Gaza and the U.S. government’s funding of Israel’s war.

    Inside Higher Ed interviewed Grossman shortly before that conference about his tenure and the current issues the history discipline faces. The questions and answers have been edited for clarity and length.

    Q: Why did you apply to become executive director in the first place?

    A: I had been involved in a variety of AHA activities. There were things I was trying to do in Chicago at the Newberry Library that involved increasing the public scope of historians. What the AHA provided was the opportunity to do some of those things on a national scale, rather than just within Chicago. How do we get historians to be more involved in public culture, more influential in public policy?

    Q: Why are you retiring now?

    A: I’m 72 years old. It’s time for somebody younger to be doing this work—not because I don’t enjoy it, but because I think it’s important for membership organizations to be directed by people who are generationally closer to the membership and the audience. And I’ve had 15 years to accomplish what I’ve tried to accomplish.

    Q: What have your biggest accomplishments been?

    A: At least getting started on helping the discipline rethink the definition of historical scholarship—to broaden the definition of scholarship for promotion and tenure. We came out with recommendations that departments are taking seriously about thinking about going beyond books and peer-reviewed articles. Reference books, textbooks, op-eds, testifying in legislatures and courts—all of these things are works of scholarship.

    Second is I think that we reoriented the AHA towards a much broader scope, so that the AHA and the discipline itself take teaching more seriously. Our annual conference is no longer “a research conference”; it includes all sorts of things that relate to teaching, that relate to advocacy, that relate to professional development. I also think that we have ramped up and broadened our advocacy work. We’re very active in state legislatures now; we’re very active in reviewing changes to state social studies and history standards for K-12 education. So, we’ve kept our focus on Capitol Hill and in Washington, but we’ve moved out to the states.

    Q: Why did you make such an emphasis during your tenure on broadening the focus of AHA? Is it because of a decline in tenure-track, traditional faculty jobs for new history Ph.D. earners?

    A: That was part of it. But that came later. I had that goal from the very beginning because I became a historian because I think historians are useful to public culture as well as academia. If I had my druthers, every time a decision was made at a table in government, private sector, nonprofit sector, I would want a historian at the table. Everything has a history, and since everything has a history, historical context always matters when you’re making decisions, when you’re trying to develop good judgment.

    That’s what someone learns in a history course. They learn judgment by thinking about the past. Historians don’t need to be working just as teachers and professors. Historians should be everywhere.

    Q: You’re saying you’ve gotten AHA more involved in state legislatures, in discussions of state standards—all of these things are political or politics-adjacent, right?

    A: Not necessarily. Let’s start with the federal level. We work on the Hill and in federal agencies to promote history. Our congressional charter, which goes back to 1889, says that we are here to promote history. So that’s not politics. It’s engaging in politics in order to promote history, yes. We are providing historical context to congressional staff so that they can make well-informed decisions when they make recommendations to their member. If you’re going to think about immigration policy, you need to know the door was closed for 40 years.

    There are times when we take stands that are perceived as political. We took a stand against the Muslim ban, for example. But we did so on the basis of what we’ve learned from history. State legislatures, it’s the same thing—we are promoting the integrity of history education. We are saying high school teachers need to be trusted as professionals, high school teachers should not be censored in the classroom; we are saying that state history standards should be good history.

    Q: What are the biggest issues within K-12 history—teaching and learning—and how do they actually impact colleges and universities?

    A: State legislatures have mandated that certain things have to be taught for years. What they have not done in the past is say certain things cannot be taught, which is censorship. There’s very little precedent for this. So that is one big challenge, which is fighting back against this notion that state legislatures can tell teachers you cannot teach X, Y or Z. And that affects college because if students don’t learn things in high school, then they’re less prepared when they get to college. If students don’t learn in high school that racism has been a central aspect of American history since Europeans came to the Americas—if students don’t learn that in high school, then the college professors are starting off at a much different level.

    If I had my druthers, every time a decision was made at a table in government, private sector, nonprofit sector, I would want a historian at the table.”

    —Jim Grossman

    We do know that young people are reading less. Instead of wringing our hands and saying they have to read more, we need to step back and ask ourselves, “How do we rethink our college courses for students who are now educated differently?” That doesn’t mean that we shouldn’t be pushing them to read, but it also means that we need to think about different ways of teaching history.

    Q: Has the discipline of history become increasingly polarized over your tenure?

    A: The discipline itself has not been polarized. Historians are still much more capable of disagreeing with each other in a civil manner than my neighbors in the capital. The larger polarization in public culture has harnessed the discipline of history in the same way it’s harnessed other disciplines and other aspects of life, but no, historians are still arguing with each other in a way that’s productive and constructive.

    Q: How do you expect the Trump administration and Republican control of both chambers of Congress to impact the discipline of history?

    A: I have no idea—that’s why we’re here to watch.

    Q: I know you’ve expressed concern about the 1776 Commission coming back.

    A: There has been talk among people who are part of the incoming administration of reviving the 1776 Commission and that notorious report, and so I’m concerned about that possibility, and I’m prepared for that possibility, and when things like that happen, we will speak out.

    Q: What impact has The 1619 Project had on the teaching of history and history scholarship? For instance, I know you were leading the AHA as it faced controversy over former association president Jim Sweet’s criticism of that work.

    A: Jim Sweet, like every historian, has a right to criticize any work of historical scholarship. The 1619 Project is not a work of historical scholarship. It’s—according to its compiler, its organizer—it’s journalism. And that’s fine, and there are aspects of it that I and many of my colleagues agree with, and aspects of it that I and many of my colleagues disagree with, just like any other piece of historical scholarship or journalism. It’s an easy target for people who want to take one thing that has been controversial and then use it for all sorts of other purposes.

    Controversies that ask people to ask questions are useful. It’s useful for teachers to be able to say to students, “So how do we think about the beginnings of a nation? Do we think of the beginning of a nation as the creation of its governing documents? Or do we think about the beginnings of a nation as the origins of its economy? Or do we think about the beginnings of the nation as the beginning of its culture, or as the origins of it, the roots of its culture?” Those are good historical questions, and The 1619 Project has initiated or nourished those questions.

    Q: What impact have the ongoing Israel-Hamas war and related U.S. higher education developments had on the teaching and study and scholarship of history?

    A: I think that many people who teach Middle Eastern history have probably been more careful, and I suspect that classroom management has been more difficult because it’s an emotional topic. But it’s different from The 1619 Project. The 1619 Project offered a certain way of understanding the history of the United States, and a controversial way of seeing the history of the United States—and offered, therefore, teachers an opportunity, or a nudge, to ask important questions and have students address them.

    That’s very different from a war that’s happening on the other side of the world. It’s important to the United States, it’s important to Americans, but it doesn’t have the same valence in teaching a course in American history, which is the most widely taught course in the United States. It does mean that historians have to balance sensitivity to diversity of students in their classroom with the integrity of the history that they teach.

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  • Why Executive Coaching Works in Higher Education – Edu Alliance Journal

    Why Executive Coaching Works in Higher Education – Edu Alliance Journal

    “When a leader gets better, everyone wins!”

    July 5, 2022 by Dr. Candace Goodwin – Although every industry has undergone significant changes over the past several years, higher education has been impacted more profoundly. When the pandemic hit, traditional colleges and universities were abruptly forced to adapt their mindset and move toward thinking differently, scrambling to transform standard brick-and-mortar programs into online or hybrid delivery modalities. Colleges and universities that already had successful online programs could pivot quickly and sustain student enrollment. Universities unable to make these changes rapidly faced many challenges.

    High education leadership teams were confronted with workforce challenges they had not faced before. The changes in the economy, staffing shortages, healthcare concerns, loss of international students, diversity, equity, and inclusion were all simultaneously impacting higher education. College leadership focused on enrollment as their highest priority and lost sight of how the pandemic influenced staff and shaped their expectations and preferences. Employees were seeking out empathy, remote work, and flexible work hours and wanted to feel more connected than ever.

    As the environment of higher education leadership becomes more complicated by outside events and shifting employee motivations, the benefits of executive coaching only increase. High- quality executive coaching balances organizational priorities like enrollment with the leadership development and insight required to move those priorities forward. Executive coaching is an essential problem-solving tool for higher education executives seeking support balancing leadership challenges and understanding the higher education landscape from both the 30,000 ft elevation and the 100 ft elevation.

    1. Executive coaching activates and animates wisdom.

    Many executives and aspiring higher education leaders lean most heavily on their level of intelligence. Clayton (1982) defined intelligence as the ability to think logically, conceptualize, and abstract from reality. Intelligence focuses on how to do. It helps leaders accomplish and achieve.

    By contrast, Clayton defines wisdom as the ability to grasp human nature, which is paradoxical, contradictory, and subject to continual change. Wisdom provokes a person to consider the consequences of their actions on themselves and the effects on others.

    Wisdom helps people decide whether to pursue a course of action. Higher education executives work in concert with many others. It is incumbent on all higher education leaders to work with their wisdom.

    The difference between intelligence and wisdom can be described as knowing what vs. knowing how. According to Stenberg (2005), knowing how adds creativity and experience to our knowledge. While an executive has proven intelligence, the wisdom gained by learning from various experiences provides multiple points of view at their disposal to solve problems creatively.

    It is no longer sufficient to only have intelligence and management skills to make high- level and far-reaching leadership decisions. Wisdom is a crucial component of good leadership. Staudinger, Lopez, and Baltes (1997) found that individuals who discussed life problems with another person and reflected on the conversation before responding out-performed others. Executive coaching can make the difference in that kind of wisdom and more.

    An executive coach for higher education helps college and university executives activate and animate their wisdom. Executive coaches guide leaders to go beyond reporting metrics and learn ways to increase their wisdom through natural reciprocity, investing in their team, and developing new leadership traits. The result is a higher education leader able to make more creative and cultured decisions that are the best for university and college leadership, staff, and students.

    2. Executive coaching galvanizes conscious and intentional conversations.

    There are two conversations we have every day. One is with other people—and one is in our heads. Having conversations with other people can feel fraught in this increasingly complicated world. Higher education executives need to ensure their conversations are conscious and intentional. Executive coaching can help!

    Conscious conversations encourage connection and overcoming differences. The basis is hearing and understanding instead of judging as right or wrong. Participants in a conversation of this nature must be fully present, listen fully and respectfully, keep an open mind, and be patient. It is important to understand that conversations of this kind are a skill to be learned and built upon. There is always room to improve communication as a leader.

    Intentional conversations are purposeful and planned. Being intentional means being strategic in how to communicate, what to communicate, and to whom. Intentional conversations can make staff members feel valued and ensure that conversations are productive.

    With an executive coach, higher education executives can build confidence in their ability to have conscious and intentional conversations.

    3. Executive coaching stimulates creativity.

    With the landscape for higher education rapidly changing, a successful higher education executive needs to move beyond the same old, same old. It is time for creativity in all aspects of leadership. Nothing helps creativity like the collaboration that comes from partnering with an executive coach.

    Most executives could benefit from switching things up and taking their leadership off auto pilot. A significant outcome could be developing a flexible mindset and considering new ways to get things done. A lack of creativity could result in missing opportunities for innovation and growth. Working with an executive coach helps open the door to explore innovative ideas and getting excited by new, creative possibilities.

    4. Executive coaching creates “emotional safety.”

    Having emotional safety means feeling secure enough to be your most authentic self, and isn’t that the ideal for all employee-leader scenarios? Who wouldn’t want to bring their real selves to work? Well, that takes work. Emotional safety is an important aspect of having a satisfying connection. Connection is increasingly vital to today’s workforce. It is worth the investment.

    Higher education executive coaching cultivates emotional safety so executives can get the most out of their experience. Our brains constantly detect whether a situation is safe or dangerous. When people experience safety, they are better listeners, able to collaborate more, innovative, creative, and able to connect with others. Emotional safety has positive effects that flow to others.

    Emotional safety encourages freedom of expression and increased compassion. A skilled executive coach can help guide you to understanding and increasing emotional safety.

    Executives and leaders in higher education benefit from the investment in high-quality executive coaching. Coaching is transformative—helping leaders leverage their best selves. An executive coach empowers creativity, impact, connection, and influence. Great leaders have great coaches—everyone can use that kind of support! Especially leaders working in higher education.

    Aides, Kim. “Six Reasons to Hire an Executive Coach.” Frame of Mind Coaching, 16, Nov. 2021, https://www.frameofmindcoaching.com/blog/reasons-to-hire-an-executive-coach.

    Boeder, E. “Emotional Safety is Necessary for Emotional Connection” The Gottman Institute. https://www.gottman.com/blog/emotional-safety-is-necessary-for-emotional-connection/

    Clayton V. (1982). Wisdom and intelligence: the nature and function of knowledge in the later years.

    International journal of aging & human development, 15(4), 315–321. https://doi.org/10.2190/17tq-bw3y-p8j4-tg40 https://pubmed.ncbi.nlm.nih.gov/7183572/

    Drake, David and Webb, Peter (2018).” Coaching for Wisdom: Enabling Wise Decisions.” Research Gate, February 2018, https://www.researchgate.net/publication/323257694_Coaching_for_Wisdom_Enabling_Wise_D ecisions

    Levine, Arthur and Pelt, S. “The Future of Higher Education is Occurring at the Margins.” Inside Higher Education, 4, Oct. 2021, https://www.insidehighered.com/views/2021/10/04/higher-education- should-prepare-five-new-realities-opinion

    Staudinger, U.M., Lopez, D. F., and Baltes, P. B. (1997). The psychometric location of wisdom-related performance: Intelligence, personality and more. Personality and Social Psychology Bulletin, 23(11). 1200-1214,

    Sternberg, R. J. (2005). WICS: A model of leadership. The Psychologist- Manager Journal, 8(1), 20-43.

    Sternberg, R. J. (2005a). WICS: A model of leadership. The Psychologist-Manager Journal, 8(1), 20–43


    Dr. Candace Goodwin a member of the Edu Alliance Group Advisory Council is a culture strategist and the CEO of Organizational Leadership Partners, an organization that helps leaders achieve exceptional results through the alignment of organizational priorities and culture. Candace’s expertise in culture, employee engagement, emotional intelligence, and leadership development provides guidance to leaders who desire to create an environment where people can do their best work.

    Dr. Goodwin has a Doctorate in Organizational Leadership, an MBA in Human Resources, and a Bachelor’s degree in Finance.

    Edu Alliance Group, Inc. (EAG) is an education consulting firm located in Abu Dhabi, the United Arab Emirates, and Bloomington, Indiana, USA. We assist higher education institutions worldwide on a variety of mission-critical projects. Our consultants have accomplished university/college leaders who share the benefit of their experience to diagnose and solve challenges.

    EAG has provided consulting and successful solutions for higher education institutions in Australia, Egypt, Georgia, India, Kazakhstan, Morocco, Nigeria, Uganda,  United Arab Emirates, and the United States.

    Edu Alliance offers higher education institutions consulting services worldwide. If you like to know more about how Edu Alliance can best serve you, please contact Dean Hoke at [email protected] 

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