Tag: July

  • July Brought Cuts at Public and Private Colleges

    July Brought Cuts at Public and Private Colleges

    July was marked by steep cuts at some of the nation’s wealthiest institutions while fewer small, cash-strapped colleges made significant workforce reductions.

    While some of the nation’s wealthiest universities—institutions with multibillion-dollar endowments—laid off hundreds of employees last month due to federal research funding issues, an uncertain political landscape and rising costs, those cuts were an anomaly. Colleges outside the top financial stratosphere, contending with issues such as declining enrollment, shrinking state support and other challenges, didn’t cut as deep compared to the megawealthy.

    Inside Higher Ed recently covered how the Trump administration is driving cuts at wealthy institutions. Now here’s a look at other layoffs and program cuts announced in July as both large, well-resourced institutions and smaller colleges with less capital contend with challenging headwinds for the sector.

    Temple University

    Grappling with a budget deficit that was projected as high as $60 million, Temple laid off 50 employees and eliminated more than 100 vacancies in July, The Philadelphia Inquirer reported.

    The 50 layoffs equal less than 1 percent of Temple’s total workforce, according to the university.

    Altogether Temple eliminated “190 positions across the university, with the vast majority of these coming through attrition, retirement or elimination of vacant positions,” President John Fry wrote in a message to campus last month. Fry added that those reductions narrowed the projected budget gap from $60 million to $27 million, cutting Temple’s structural deficit by more than half.

    Michigan State University

    The wealthiest institution represented here, with an endowment valued at more than $4.4 billion, the public university in Lansing cut nearly 100 jobs last month, The Detroit Free Press reported.

    Officials announced 94 employees in MSU’s extension division were being laid off due to a loss of federal grant funding. The cuts come as a result of the Supplemental Nutrition Assistance Program–Education program being discontinued this fall, which provided a $10 million grant. Layoffs will affect employees across the state.

    Additional jobs cuts also loom at Michigan State, where officials recently announced cost-cutting plans, citing the need to trim its budget by about 9 percent over the course of the next two years.

    University of Florida

    One of the wealthiest institutions on this list with an endowment of more than $2 billion, UF eliminated 75 jobs last month, largely through attrition and closing vacant roles, WCJB reported.

    A university spokesperson told Inside Higher Ed the cuts were part of a 5 percent reduction in administrative expenses, which amounted to $20 million in cost savings for UF. In addition to the 75 jobs eliminated, UF closed its Office of Sustainability, reportedly cutting another three jobs.

    UF is also shutting down its Health Science Center Police Service Technician program at the end of the year, which officials said will affect 15 positions, though seven are currently vacant.

    Barnard College

    The private women’s college affiliated with Columbia University, but with a separate and much smaller endowment, cut 77 jobs last month as part of a restructuring effort announced July 31.

    Barnard president Laura Ann Rosenbury wrote in a message to campus that the cuts were a “painful moment” but the “strategic realignment” reflected “evolving operational needs.” She added that no faculty positions or instructional services personnel were included in the cuts.

    Founded in 1889, Barnard had an endowment valued at $503 million in fiscal year 2024 and has dealt with rising debt in recent years.

    Southern Oregon University

    Last month officials at the public university in Ashland declared financial exigency and announced plans to cut SOU’s budget by 15 percent, Oregon Public Broadcasting reported.

    University officials are working to shrink SOU’s budget from $71 million to a more manageable $60 million. In the short term that means finding $5 million in savings for the 2025–26 fiscal year.

    The budget cuts will play out over three years and eliminate an estimated 65 jobs through a mix of voluntary retirements, leaving some positions vacant and cutting about 20 positions. SOU also plans to cut 15 majors and 11 minors, shrinking its academic portfolio as it restructures.

    SOU president Rick Bailey is also taking a voluntary 20 percent pay cut amid budget issues.

    Meredith College

    Cost-cutting measures prompted layoffs at the private women’s college in North Carolina, with 6 percent of the workforce—roughly 25 employees—affected, local TV station ABC 11 reported.

    None of Meredith’s full-time faculty members were laid off, according to ABC 11.

    “These strategic budget reductions were necessary and proactive steps in preserving Meredith’s long-term financial strength and helping it grow and thrive for the future,” college officials wrote in a statement to media outlets detailing the reason for the layoffs. “When making budget adjustments, Meredith leaders focused on protecting programs and services essential to fulfilling its mission. These difficult decisions were made for the good of the College as a whole.”

    Sullivan University

    The private Kentucky university is cutting 21 jobs, seven of which are vacant, closing two educational sites and selling its only residence hall, The Louisville Courier Journal reported.

    The changes come at a rocky time for the university, which was declared the worst company in the city to work for by LEO Weekly, another local news outlet, based on feedback on Glassdoor, a website used for job searches and employer reviews. Sullivan officials subsequently began offering a 1 percent 401(k) match, which officials told the Courier Journal was already planned.

    Sullivan also parted ways with President Tim Swenson, who abruptly resigned last week. The university had placed Swenson on administrative leave just a few days prior. Officials wrote, in an email obtained by the newspaper, that he was placed on leave “to allow time for a review of internal matters and to ensure the process is handled fairly and without disruption.” Sullivan officials did not specify the reason for his departure in a message to employees.

    Kalamazoo College

    The small, private liberal arts college in Michigan laid off 11 staff members due to financial pressures, to enrollment challenges and “an inflationary environment,” MLive reported.

    “This difficult decision was not made lightly, and it is part of a broader effort to ensure the long-term financial stability and sustainability of the institution,” officials said in a statement.

    Xavier University

    A challenging enrollment picture is driving layoffs at the private Catholic university, where officials are also cutting salaries and making other changes, The Cincinnati Enquirer reported.

    Though the full number of layoffs is unclear, a university spokesperson told the newspaper that the cuts include two jobs in Xavier’s executive cabinet as well as some temporary faculty and staff. University officials noted that no full-time faculty members have been part of the cuts.

    Xavier will also maintain restrictions on nonessential travel.

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  • Higher Education Inquirer Surpasses 1 Million Views, Including More Than 200,000 in July 2025

    Higher Education Inquirer Surpasses 1 Million Views, Including More Than 200,000 in July 2025

    The Higher Education Inquirer has reached a major milestone: more than 1 million total views since its founding, with over 200,000 views in July 2025 alone—a record-breaking month for the independent investigative site. This surge in readership reflects growing public concern with the state of U.S. higher education, especially at a time of increasing economic precarity, political unrest, and institutional dysfunction.

    As corporate media outlets continue to downsize or ignore coverage of student debt, credential inflation, predatory schools, and the exploitation of academic labor, readers are seeking more critical, independent voices. HEI, which has long focused on underreported stories within the higher education-industrial complex, is becoming a go-to resource for policymakers, whistleblowers, journalists, and everyday people trying to make sense of the education economy.

    Most Viewed Stories in July 2025

    A few standout articles reveal key themes that are resonating with readers:


    1. “Camp Mystic: A Century of Privilege, Exclusion, and Resilience Along the Guadalupe”

    Views: 8,730

    This deeply researched piece on the elite girls’ camp in Texas struck a nerve with readers interested in the intersection of inherited wealth, segregation, and performative philanthropy. Camp Mystic serves as a metaphor for the parallel institutions that shape American leadership in quiet, exclusive ways—far from public scrutiny.

    Trend: Growing interest in how generational wealth and private networks perpetuate elite power and influence, especially through educational institutions.


    2. “The Big Beautiful Bill”: A Catastrophic Blow to College Affordability

    Views: 1,290

    This analysis of new legislation affecting federal student aid programs explores how a bill dressed in populist language has real consequences for working-class and middle-income families. Readers responded to its dissection of policy doublespeak and the structural defunding of public education.

    Trend: Rising awareness of how both major political parties contribute to the erosion of affordable education—often under misleading rhetoric.


    3. “Santa Ono: Take the Money and Run”

    Views: 956

    A pointed critique of University of Michigan President Santa Ono’s high salary and revolving-door administrative career drew in readers frustrated by bloated leadership pay and lack of institutional accountability.

    Trend: Increased public scrutiny of university presidents and boards of trustees, especially at elite institutions.


    4. “List of Schools with Strong Indicators of Misconduct, Evidence for Borrower Defense Claims”

    Views: 943

    This database-style article provided a valuable resource for former students, journalists, and attorneys. By documenting schools with troubling records, it supported those filing Borrower Defense to Repayment claims and highlighted the ongoing fallout from the for-profit college boom.

    Trend: Continued demand for actionable consumer information amid the Biden Administration’s limited and politically fraught debt relief efforts.


    5. “Degrees of Discontent: Credentialism, Inflation, and the Global Education Crisis”

    Views: 900

    This global take on the failures of credential-driven economies resonated with a wide audience—from jobseekers with degrees they can’t use to educators struggling to make sense of shifting academic value.

    Trend: A philosophical and economic reckoning with credentialism, especially as degrees lose value while tuition and debt skyrocket.


    6. “Layoffs at Southern New Hampshire University”

    Views: 826

    Coverage of SNHU, a major player in online education, shed light on the darker side of “innovation”: layoffs, overwork, and instability for faculty and staff.

    Trend: Growing doubts about the long-term sustainability and labor ethics of the online education model.


    7. “Universities Brace for Endowment Tax Hike, Rethink Investment Strategies”

    Views: 687

    A timely piece on elite university endowments caught the eye of readers interested in how wealth hoarding and financial engineering are baked into modern academia.

    Trend: Rising critiques of nonprofit tax loopholes and the financialization of higher ed.


    8. “Liberty University in Black and White”

    Views: 684

    This critical examination of Liberty University’s public image, internal contradictions, and links to right-wing political power explored how Christian nationalist ideology operates through higher education.

    Trend: High interest in the political roles of conservative religious institutions and their ties to the culture wars.


    9. “Corruption, Fraud and Scandal at Los Angeles Community College District (LACCD Whistleblower)”

    Views: 615

    A whistleblower-centered article on LACCD corruption revealed widespread misuse of funds and institutional cover-ups, especially in facilities projects.

    Trend: Rising demand for investigative journalism focused on local corruption in publicly funded institutions.


    10. “Agency Information Collection Activities…Borrower Defense to Loan Repayment Universal Forms”

    Views: Not Yet Indexed

    While bureaucratic in title, this article was shared among policy experts and debt activists for its breakdown of how regulations—and public comment periods—impact real people trying to discharge fraudulent debt.

    Trend: Readers are becoming more engaged in regulatory policy and more skeptical of federal agencies’ ability or willingness to protect consumers.


    What Readers Want 

    What these stories show is a distinct pattern: readers want more accountability, more transparency, and less propaganda from the education system that has long promised prosperity and delivered precarity. They’re fed up with bloated administrative salaries, empty credentials, elite hypocrisy, and legislative betrayal.

    Thanks to grassroots support and collaborations with students, whistleblowers, and journalists, the Higher Education Inquirer continues to grow in both reach and relevance.

    As we pass 1 million views, we’re not just marking clicks—we’re tracking the pulse of a system in crisis. And we’re not done yet.

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  • HELU’s Wall-to-Wall and Coast-to-Coast Report – July 2025

    HELU’s Wall-to-Wall and Coast-to-Coast Report – July 2025

    Upcoming Events: 

    Building Campus Solidarity Across Job Categories: Lessons from Recent Strikes & Adjunct Struggles
    Weds., July 30 at 6pm ET/5pm CT/4pm MT/3pm PT

    Join the Contingency Taskforce (CTF) of Higher Ed Labor United (HELU) for an urgent strategy discussion of how we can build campus solidarity among faculty and other higher ed workers, across job ranks, in light of the severe threats we now face. How can we organize broadly to defend the most vulnerable members of our communities? How can we help people overcome isolation and fear, discovering new courage and power by connecting with others? How can we raise up the voices and needs of historically marginalized workers and students within the broader fight to defend higher ed? Register here.

    International Campus Worker & Student Organizing Meeting
    Monday, August 4 at 2pm ET/1pm CT/12pm MT/11am PT

    Attacks from the Trump administration are putting international students and workers in our campuses at risk. Mass SEVIS terminations, cancellations of Visa appointments, targeted attacks against Chinese nationals, ICE detentions and threats of raids in our campuses are making our jobs, our livelihoods, and the mission of our institutions unsafe. These actions follow the same pattern: attacking those who are in the most vulnerable positions to create a chilling effect on the rest of us. We demand action from colleges and universities now! Join us on Zoom August 4th at 2pm ET/1pm CT/12pm MT/11am PT to plan next steps and organizing strategies. Register here.
     

    HELU Open House 
    Thursday, August 14 at 6 pm ET/5 pm CT/4 pm MT/3 pm PT

    HELU has been organizing since 2021 and is growing. On Thursday, August 14, at 6pm ET/5pm CT/4pm MT/3pm PT we will be hosting another HELU Open House, designed to welcome folks into the national higher ed organizing space and help everyone find a way to plug in. Join HELU on Thursday, August 14th, at 6pm ET/5pm CT/4pm MT/3pm PT. Register here
     

    Library Workers Organizing Meeting & Strategy Session
    Weds., August 20 at 7pm ET/6pm CT/5pm MT/4pm PT

    On August 20, 2025, HELU is bringing together higher ed library workers across the country to strategize against threats to our livelihoods and profession. We will come together to meet and set our agenda, then we will break into small groups to discuss crises in academic freedom, disparities between library staff categorizations, labor organizing, austerity, and more. Our goal is to develop a platform for library worker protections to advocate for and implement across the country. Register here

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  • Blursday Socials Are Reborn! First One on Tuesday, July 29th –

    Blursday Socials Are Reborn! First One on Tuesday, July 29th –

    For folks who have missed Blursdays, they’re back and better than ever. The first one is coming up fast on Tuesday, July 29th at 11:30 AM – 12:30 PM ET.

    Here’s the deal: The Empirical Educator Project (EEP), now under 1EdTech, has been rebranded as 1EdTech Learning Impact Labs. This name change is important because, unlike EEP, 1EdTech can drive change right into the EdTech ecosystem. Accordingly, Blursdays have been renamed 1EdTech Learning Impact Labs Live (or LIL Live). Lots of old friends, some new ones, and a renewed focus on driving change. Our first guest is Unizin CEO Bart Pursel, who has two concrete, actionable proposals for us:

    • We know interleaving works as a teaching practice. The data are clear. Why don’t we create cross-platform interoperability standards that make it easy to implement the same interleaving methods across different LMSs, courseware systems, etc.?
    • We know that course design can significantly impact whether students change their majors. Why don’t we make it easy to analyze the impact of course designs on major changes?

    Bart has already presented these ideas to the 1EdTech community at our Learning Impact conference. Now I’ve asked him back to speak with…well…you. You can weigh in on what you need. You can help shape the 1EdTech community’s perspective on these topics. And you can still enjoy the old Blursday camaraderie.

    How to join

    We’ll be using Engageli. For those who haven’t been to a Blursday and haven’t used the platform before, Engageli is a virtual learning platform designed to foster active learning and engagement in live and asynchronous learning environments. You don’t need to pre-register for Learning Impact Labs Live; just click the link to access the classroom lobby on the scheduled day and time. Sign-up will take a minute or two, so please allow yourself time if you can. Here are the steps:

    • Input your email address and receive a verification code
    • Once you input the verification code, edit your learner name to your first and last name
    • Check your audio and video settings
    • Select Join classroom

    Please feel free to watch this quick video before our session to get a feel for Engageli classroom!



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  • The Meaning of July 4 to Political Science Teacher (opinion)

    The Meaning of July 4 to Political Science Teacher (opinion)

    Every year for the past 25 years, I have taught an intermediate-level undergraduate course at Indiana University Bloomington called The Declaration of Independence and the Meaning of American Citizenship. I love teaching this course, because it allows students to engage history by interpreting a rather simple text that is well recognized even if not necessarily well understood—and this tension between vague familiarity and real understanding makes the teaching fun.

    My basic approach to the topic and the course, outlined on the syllabus, has remained pretty fixed over the years:

    This class will pay special attention to the meaning of “America.” It will address serious questions about what it means to think “historically.” It will trace and analyze the many ways that the meanings of American citizenship have been contested since 1776, and it will do so through a focus on alternative interpretations of the Declaration of Independence, which has sometimes been called the “birth certificate of American democracy.”

    The Declaration is not the only important text in American political history. In particular, we will pay attention to its complex relationship to the U.S. Constitution, the other seminal “founding” document of the U.S. political system. But it is a very important touchstone for many important historical debates, and it is an even more important symbol of American political identity (which is why the late historian Pauline Maier referred to it as “American Scripture”).

    The Declaration is also a very instructive example of the fact that core political symbols, texts and principles can be interpreted in different ways and are often heavily contested. Such rhetorical contests play an important role in the evolution of democracy over time, as disenfranchised groups appeal to “foundational” texts, like the Declaration, to justify their demands for recognition and inclusion—and as those who oppose recognition and inclusion also sometimes draw upon the same texts, though in very different ways.

    In this course we will discuss how the Declaration has been a source of inspiration for activists and social movements seeking to democratize American society, and how it has also been used, differently, by opponents of democratization.

    As we will see, there is not one true “meaning” of the Declaration.

    But there are more and less nuanced, and more and less inclusive, interpretations of the Declaration. The primary goal of this course is to develop a historically and philosophically informed understanding of the Declaration—what it says, what it has meant, how it has justified many of the things most of us hold dear and some things many of us find revolting—and, by doing so, to nurture a more informed and reflexive understanding of contemporary American democracy. And because it is a course taught in a U.S. public university, to students most if not all of whom are citizens of the U.S., such an understanding has potentially significant implications for the way each of us thinks and acts as a citizen.

    The course was originally inspired by a chance encounter, many decades ago, with a fascinating anthology, published in 1976—the year of the Bicentennial—and edited by famed labor historian Philip S. Foner, entitled We, The Other People: Alternative Declarations of Independence by Labor Groups, Farmers, Woman’s Rights Advocates, Socialists, and Blacks, 1829–1975. This volume, as its title suggests, furnishes a wide range of texts to explore with students. Over the years, I have incorporated dozens of other texts, some modeled directly on the 1776 Declaration, others simply drawing heavily on it, including the speeches of a great many presidents, especially Lincoln.

    Central to the course are three famous speeches delivered by dissenters who were widely reviled in their time: Frederick Douglass’s 1852 “What to the Slave is the Fourth of July?”; Eugene V. Debs’s “Liberty,” given in 1895 upon his release from six months in prison for leading the 1894 Pullman strike; and Martin Luther King Jr.’s “I Have a Dream” speech, given at the August 1963 March on Washington for Jobs and Freedom.

    But the syllabus also includes speeches by Confederate leaders Jefferson Davis and Alexander Stephens; populist Tom Watson; and segregationist governor George C. Wallace. Elizabeth Cady Stanton’s “Declaration of Sentiments,” adopted in 1848 at the Seneca Falls Convention for women’s rights, plays an important role; so too the 1898 “White Declaration of Independence” published by white racists in Wilmington, N.C., who overthrew a multiracial city government and terrorized the Black community.

    The course is very historical, but also very contemporary, because July 4 comes every year, and because past historical struggles over the meaning of the Declaration continue to resonate in the present—and indeed are sometimes revived in the present.

    But in the coming year the course will be more relevant than ever, because President Donald Trump has made clear that he plans to turn the entire year leading up to next year’s 250th anniversary of the Declaration’s signing into a celebration of “American greatness”—and thus of himself.

    Back in May 2023, Trump released a campaign video promising what Politico described as “a blowout, 12-month-long ‘Salute to America 250’ celebration,” including “a ‘Great American State Fair,’ featuring pavilions from all 50 states, nationwide high school sporting contests, and the building of Trump’s ‘National Garden of American Heroes’ with statues of important figures in American history.”

    In his second week in office, Trump issued two executive orders centered on the Declaration. The first, “Celebrating America’s 250th Birthday,” announced that “it is the policy of the United States, and a purpose of this order, to provide a grand celebration worthy of the momentous occasion of the 250th anniversary of American Independence on July 4, 2026.” The other, “Ending Radical Indoctrination in K–12 Schooling,” mandated the termination of “radical, anti-American ideologies” and the re-establishment of a “President’s Advisory 1776 Commission” charged with promoting patriotic education.

    Trump has long laid claim to “the spirit of July 4, 1776.” In the final days of his first term, as the nation was overtaken by a wave of Black Lives Matter demonstrations protesting the police killing of George Floyd, he established his “1776 Commission,” which was intended to legitimate his increasingly repressive approach to the demonstrations and to energize his 2020 re-election campaign (the resulting report was also an explicit repudiation of The New York Times’ 2019 “The 1619 Project”).

    The commission and its hurriedly draftedThe 1776 Report” failed to help fuel Trump’s failing 2020 campaign. But its broader ideological mission—to inaugurate a MAGA-inflected cultural revolution in a second Trump term—was hardly defeated.

    The MAGA movement’s attempt to overthrow Joe Biden’s 2020 election— “Today is 1776,” tweeted MAGA congresswoman Lauren Boebert on Jan. 6, 2021, speaking for the thousands of “3 Percenters,” “Proud Boys” and assorted “patriot” groups that invaded the Capitol building—may have failed. But only temporarily. For Trump has returned to the White House with a vengeance and has commenced an ideological and economic assault on higher education, committed to “Restoring Truth and Sanity to American History” by purging society of “divisive narratives that distort our shared history.”

    Historical understanding and social criticism are out and national reverence is in.

    I cannot imagine a more exciting time to be teaching a course on the Declaration of Independence and the meaning of American citizenship.

    But I also cannot imagine a more challenging and indeed precarious time to do so.

    For the course—which does not seek to promote reverence or national pride or “American greatness”—is at odds with the prevailing spirit of the time, or at least its ascendant ideology.

    It seeks to promote historical understanding, based on serious historical scholarship, and a general appreciation for the complex ways that the Declaration has figured in debates and conflicts over the shifting meaning of American citizenship. The course refuses to ignore or whitewash the ways that patriotism and even the preamble of the Declaration itself have been mobilized to oppose the forms of inclusion, and democratization, that we now take for granted (like the abolition of chattel slavery, considered by Southern states to be such a despotic violation of slaveholder property rights that they seceded from the Union, and formed the Confederacy, by appealing to the Declaration’s “consent of the governed”).

    It also refuses to treat American history as the happy working out over time of a beneficent commitment to universal freedom that was embraced from the beginning by all Americans. For while certain universalist words were there from the beginning—coexisting with much less universalistic words, to be sure—a commitment to their universal application was most definitely not there from the beginning. That promise took decades and even centuries to be even haltingly redeemed, partially and in steps, due to the blood, sweat and tears of generations of brave activists—a process that continues to this day. And the fact that the Declaration’s words played such an important role in this contentious politics is the very reason why it is such a seminal text, one that deserves appreciation and celebration even as it is a human invention not above moral reproach or historical critique.

    In politics as in life, criticism, and not easy praise, is the sincerest form of flattery.

    As a professor, my approach to the course material is not partisan in any sense. I have no interest in changing the minds of any of my students, whatever they happen to think, except in the sense that all good teaching is about getting students to think more deeply and more regularly. In this sense, I seek to change the mind of every student, by engaging every student with historical materials, and ideas, and intellectual challenges, and by fostering a climate of respectful questioning and disagreeing in the classroom so that students can hear and listen to those with viewpoints different from their own. The pedagogy of higher education is not normal out in the world beyond the academy, though it would not be a bad thing if it were much more normalized than it currently is. That is why colleges and universities exist.

    All the same, we have arrived at a historical moment in the U.S., perhaps unlike any before, in which such education is considered partisan, and denounced as “indoctrination,” by a MAGA movement and a Trump administration obsessed with a closing of borders, and ranks, and minds, in the name of patriotic “unity” and “American greatness.”

    At a time when historical education is reduced to the celebration of national greatness, a historically serious course on the Declaration of Independence that treats it as a text to be critically engaged, not worshipped, might be considered subversive. Indeed, GOP-controlled state legislatures across the country, following the Trump administration’s lead, have instituted a wide range of measures designed to subject university teaching to heightened political scrutiny (in my own state of Indiana, vague “intellectual diversity” standards have been enacted into law, and Attorney General Todd Rokita has created a web portal, ominously named “Eyes on Education,” that encourages parents and teachers to report “objectionable” forms of teaching).

    The problem with such censoriousness is that, if taken seriously, it is hard to see how the Declaration is worth anything at all. None other than Frederick Douglass himself noted precisely this back in 1852: “There was a time when, to pronounce against England, and in favor of the cause of the colonies, tried men’s souls. They who did so were accounted in their day, plotters of mischief, agitators and rebels, dangerous men. To side with the right, against the wrong, with the weak against the strong, and with the oppressed against the oppressor! Here lies the merit, and the one which, of all others, seems unfashionable in our day. The cause of liberty may be stabbed by the men who glory in the deeds of your fathers.”

    Since July 4, 1776, the Declaration’s words have resonated at every moment when citizens have together sought to make the society, in the words of that other foundational text, the Constitution, “a more perfect union.” To dismiss the critical appropriation of the Declaration is to devalue both the text itself and the entire course of American history.

    This July 4, I will be reflecting on the historical and the contemporary meaning of the text whose publication Americans will celebrate, and gearing up to once again teach The Declaration of Independence and the Meaning of American Citizenship at a time when it could not be more relevant.

    Jeffrey C. Isaac is completing a book, entitled Defending Democracy’s Declaration, that challenges the ways that the MAGA movement is poised to weaponize the 250th anniversary of the signing of the Declaration of Independence. The James H. Rudy Professor of Political Science at Indiana University Bloomington, Isaac writes regularly on current affairs at his blog, Democracy in Dark Times, and at his new Substack dedicated to the forthcoming book, also named Defending Democracy’s Declaration.

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  • Mary O’Kane to lead ATEC from July, UA chief’s pitch to press

    Mary O’Kane to lead ATEC from July, UA chief’s pitch to press

    Professor O’Kane will lead ATEC from July. Picture: Cath Piltz

    The chair of the Australian Universities Accord is to lead the yet-to-be-established Australian Tertiary Education Commission, Education Minister Jason Clare revealed on Wednesday night.

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  • HR and the Courts — July 2024 – CUPA-HR

    HR and the Courts — July 2024 – CUPA-HR

    by CUPA-HR | July 10, 2024

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

    University of California and UAW Agree to End Grad Student Strike

    The rolling strike of University of California graduate students at several campuses, protesting the university’s handling of Israel-Hamas war protests is formally over as a result of the university and union agreement to extend the injunction granted by a California state court at the university’s request. The university successfully argued that the rolling strike violated the collective bargaining agreement’s no-strike provision. The UAW represents 38,000 grad students at several University of California campuses.

    UC student workers walked off their jobs at six campuses in May and continued a rolling strike until the court enjoined the strike activity. The university breach-of-contract litigation continues, as there remain issues to be decided by the court as to the breadth of the no-strike provisions and the university’s claim for damages resulting from the breach of the no-strike provisions.

    University Prevails in Title IX Lawsuit Alleging Student Sex Harassment at a Private Party Off Campus

    A federal judge recent ruled that a plaintiff student failed to provide evidence that the university had substantial control over the context in which the assault or sex harassment occurred to make the university liable under Title IX. The judge concluded that even though the university had control over the alleged harasser because of an alleged student code violation, this was not enough to substantiate jurisdiction under Title IX (Roe V. Marshall University Board of Governors (2024 BL 215044, S.D. W. Va. No. 3:22-cv-00532, 6/24/24)).

    When the harassment occurs off campus, the judge ruled that the court must find some nexus between the “out of school conduct and the school.” The court concluded that the incident in question took place at a private party at a private residence and the party was not sanctioned, hosted or sponsored by the university or an entity affiliated with the university. Moreover, permission for the party was not sought from the university, and the university was unaware of the party until it was over.

    The university’s Title IX office determined, four days after the incident, that the matter should be handled by the university’s Office of Student Conduct, which the judge concluded was consistent with Title IX regulations at the time. The student conduct office immediately issued an no-contact order between the student and the alleged harasser and conducted a six-week investigation.

    The male student (alleged harasser) was ultimately placed on probation and required to participate in an alcohol education program, do 20 hours of community service, and accept responsibility for violation of the student code. The plaintiff (alleged victim) was also put on probation and required to participate in an alcohol education program and complete 10 hours of community service, after admitting to underage drinking. In dismissing the case against the university, the judge also concluded that the male student (alleged harasser) also faced possible independent criminal penalties.

    Two Conservative Groups Are Bringing Court Challenges to Large Employers’ Workplace DEI Programs

    America First Legal, led by former Trump adviser Stephen Miller, has filed at least 15 lawsuits alleging that employer DEI programs are illegal under Title VII and has sent more than 30 letters asking the EEOC to probe employer DEI programs at large employers, including Morgan Stanley and IBM Corp. Academic institutions could be their next target.

    The second organization, American Alliance for Equal Rights, led by conservative activist Edward Blum, has claimed that these DEI programs violate Section 1981 of the Civil Rights Act of 1866, which affirms that all citizens are equally protected by the law. The organization has used the 1866 statute in challenging DEI programs at law firms, including Winston and Strawn, Morrison Foerster, and Perkins Coe. The 1866 statute is broader than Title VII. Plaintiffs suing under the 1866 statute avoid the Title VII damage cap and the requirement that a charge be filed with the EEOC before filing suit.

    Transgender Woman Reaches Settlement of Claim That She Was Wrongly Denied Medical Coverage

    A transgender woman plaintiff sued her employer’s group insurance plan, alleging that she was wrongly denied medical coverage for facial hair removal, which she claimed is an extremely important part of gender-affirming care. The plaintiff alleged that the care is deemed medically necessary for treating gender dysphoria by the World Professional Association for Transgender Health. The lawsuit claimed that the denial, based on the conclusion that the surgery was cosmetic and unnecessary, was inconsistent with the evidence presented that the treatment was medically necessary (Cox V. WSP USA Inc. Group Insurance Plan (N.D. Cal. No. 3-24-cv-01312, 6/6/24)).

    The plaintiff sought $5,000 in out-of-pocket expenses plus $20,000 for future services. The case was dismissed after the parties stipulated to the judge that they had reached an undisclosed settlement.

    Supreme Court Raises the Bar for the NLRB to Obtain an Adverse Injunction Against an Employer for Unfair Labor Practices

    The U.S. Supreme Court concluded that the federal courts should give no more weight to an NLRB request for injunctive relief against employers allegedly violating the NLRA unfair labor practice provisions than it would give other litigants in injunction cases (Starbucks Corp, V. McKinney (U.S. No. 23-367, 6/13/24)). The Supreme Court essentially held that a defending employer is entitled to discovery over the NLRB’s alleged evidence before the court can issue an injunction. In the past, the NLRB has been able to maintain secrecy over this information when seeking extraordinary relief (e.g. an injunction requiring reinstatement of employees allegedly terminated for supporting a union).

    Supreme Court to Determine Employer Burden of Proof to Obtain an Exemption From FLSA Minimum Wage and Overtime Provisions

    The Supreme Court has granted certiorari to resolve the split in appellate courts on the precise evidentiary burden applicable to employers attempting to justify an exemption to the application of the FLSA’s minimum wage and overtime provisions. Right now the circuits are split over whether an employer must prove an exemption by “clear and convincing evidence” rather than the lesser standard of “preponderance of the evidence.” The Supreme Court will resolve this split and decide which standard is applicable to employers going forward (E.M.D. Sales Inc. V. Carrera (U.S. No. 23-217, petition granted 6/17/24)).

    The issue involves whether the defendant firm’s sales personnel fall inside the “outside sales exemption.”  The company lost the case at trial, where the federal court held that it did not meet the “clear and convincing” standard, while numerous other appellate courts have applied the less stringent “preponderance of the evidence” standard.



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  • HR and the Courts — July 2023 – CUPA-HR

    HR and the Courts — July 2023 – CUPA-HR

    by CUPA-HR | July 5, 2023

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

    Supreme Court Holds That Use of Race as a Factor in College Admissions Is Unconstitutional — Impact on Workplace Affirmative Action Plans Not Immediate 

    Rejecting the arguments of Harvard University, the University of North Carolina, and the Biden administration that these programs were necessary to ensure campus diversity the Supreme Court ruled 6 to 3 on June 29, 2023, that the universities’ use of race in their specific admission programs violates the equal protection clause of the Fourteenth Amendment. The decision is 237 pages long with majority, concurring, and dissenting opinions. The majority decision is 47 pages.

    Chief Justice Roberts, who wrote the majority opinion,  concluded that these affirmative action programs, “… lacked sufficiently focused and measurable objectives warranting the use of race, … involve racial stereotyping, and lack meaningful end points.” He also concluded, “We have never permitted admission programs to work that way and we do not do so today.”

    The immediate impact on employment-based affirmative action plans and DEI initiatives is unclear and  will unfold as new cases arise, testing the breadth of this decision. We will continue to monitor developments in the employment area as they occur.

    Supreme Court Eases an Employee’s Ability to Prove Religious Discrimination When an Employer Denies a Request for an Employment-Based Religious Accommodation

    In a case involving the U.S. Postal Service’s denial of a Christian employee’s request to be exempt from Sunday work, the Supreme Court modified the test applicable to an employer’s denial of a religious accommodation.

    In 1977, the Supreme Court ruled that under Title VII an employer could deny an employee’s request for a religious accommodation if the employer could demonstrate that the accommodation would create a  “undue burden” (TWA v. Hardison). In its decision last month, the Supreme Court interpreted the long-standing Hardison rule to mean that in order for an employer to deny an employee’s request for a religious accommodation, the employer must show that the burden of granting the accommodation “would result in substantial increased costs in relation to the conduct of its particular business” (Groff v. DeJoy (U.S. No. 22-174, 6/29/23)).

    The plaintiff here asked the Supreme Court to modify the standard for denial of a religious accommodation to be consistent with the standard for denial of an ADA accommodation. The Supreme Court did not grant that request but has clearly raised the employer’s burden in being able to reject a religious-based accommodation from the prior standard, which has applied since 1977.

    Federal Court of Appeals Rules Offensive Music in the Workplace Is Actionable Sex Harassment — Rejects Dismissal Because It Is Offensive to Both Sexes 

    The 9th Circuit Court of Appeals (covering California, Oregon, Washington, Idaho, Montana, Nevada and Arizona) reversed a federal trial court dismissal of a sex-harassment hostile-environment complaint brought by warehouse workers who complained about offensive, sexually graphic and misogynistic music played by coworkers and supervisors. The trial court dismissed the case on “equal opportunity harassment” grounds because the music was offensive to both sexes. The Court of Appeals disagreed, holding that sex-based discrimination violates Title VII even if it is directed at more than one sex and can create a hostile work environment which is actionable (Sharp v. S&S Activewear LLC (9th Cir. Blom. DLR, 6/9/23)).

    The Court of Appeals effectively put an end to the defense that has become known as the “equal opportunity harasser” defense.

    University Prevails Against Tenured Professor for Hostile-Environment Sex Harassment — Appeals Court Rejects Defenses That Education Department and University Enforcement of Title IX Is Anti-Male

    The 4th Circuit Court of Appeals (covering Virginia, Maryland, West Virginia, North Carolina and South Carolina) affirmed the lower court decision dismissing the action of a tenured psychology professor at George Mason University contesting the sanctions the institution applied following a decision that he created a sex-harassment hostile environment for graduate students. Four students complained that he shared explicit sex talk regarding his sexual exploits and asked questions about their sex lives and that they were forced to participate in the conversations in order to receive favorable treatment regarding research and education opportunities. The university continued to employ the professor as a tenured psychology professor, but banned him from teaching graduate level courses and mentoring graduate students for approximately two years, and disaffiliated him with the university’s clinical psychology program for five to six years.

    The appeals court rejected his due-process allegations, concluding that the sanctions did not amount to a “significant demotion” because he is still employed as a tenured professor and the sanctions are not permanent (Kashdan v. George Mason University (4th Cir. No. 20-01509, 6/13/23)). The court rejected his male-bias accusations levelled against the university, its Title IX coordinator, its compliance coordinator, and the Education Department, concluding that all the general statements he raised did not amount to anti-male bias.

    Professor Sues University Over “Anti-Racism Training,” Claiming It Created a “Racially Hostile Environment”

    An English professor at Penn State University has sued the university, claiming its anti-racism training created a hostile work environment for him, which forced him to resign his position. He is seeking a declaratory judgement from the federal court that the university is in violation of “federal civil rights and free speech laws,” the removal of disciplinary records from his file, and other damages. He is claiming that the university’s anti-racism training  and other race policies created a hostile work environment for him as a White English professor. He also claims he was asked to equalize student outcomes by race in his grading of students (De Piero v. Pa. State University (E.D. Pa. 23-cv-02281, Comp filed 6/14/23)). We will follow developments in this litigation as it unfolds.

    Court Rules for Employer That Anonymous Hate Mail Does Not Create Actionable Hostile Work Environment 

    A federal district court judge recently dismissed a claim of hostile work environment related to the receipt of anonymous hate mail written on office letterhead and other anonymous hate communications received by an employee. The employee involved shared the anonymous letters and communication put on the windshield of her car with her employer. The employer immediately treated the incidents as a hate crime, contacted the police, and embarked on an internal investigation which was not successful in finding the perpetrator. The employer allowed the employee to work from home on request and provided other requested accommodations based on the employee’s claim of post-traumatic stress and other related ailments.

    The court dismissed the hostile environment case, holding that the anonymous letters could not be attributed to the employer and that the employer’s response was reasonably calculated to end the harassment (Washington v. Offender Aid and Restoration (2023 BL 205479, W.D. Va. No. 3:22- cv- 00041, 6/15/23)). The court also dismissed the plaintiff’s disability claims, concluding that the employer also accommodated all of plaintiff’s requests for accommodation.

    Reinstated Athletic Coach Awarded Nominal $1 in Damages for Being Denied “Name Clearing” Hearing After Raising Due-Process Violations 

    A federal jury handed down a verdict in the case of an athletic coach who was reinstated by the college with back pay after he filed a due-process claim, but was denied a “name clearing” hearing to repair the alleged damage to his reputation. The plaintiff was a substitute athletic manger at Bronx Community College, which is part of the City University of New York (CUNY).

    The jury awarded the plaintiff $1 as nominal damages but denied his claim for economic relief, as the plaintiff had been placed on administrative leave with pay during the investigation. He was then fired. However he received back pay as part of his reinstatement after filing the due-process claim (Knights V. C.U.N.Y. ( E.D.N.Y. 19-CV-480 (FB) jury verdict 6/23/23)).



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  • DHS Extends I-9 Flexibility Guidance Through July 2023 – CUPA-HR

    DHS Extends I-9 Flexibility Guidance Through July 2023 – CUPA-HR

    by CUPA-HR | October 12, 2022

    On October 11, the Department of Homeland Security (DHS) announced a further extension of the flexibilities on Form I-9 compliance requirements that have been in place since the onset of the COVID-19 pandemic. The guidance was set to expire October 31, but has now been extended through July 31, 2023.

    The guidance will continue to allow for remote inspection of Form I-9 documents in situations where employees work exclusively in a remote setting due to COVID-19-related precautions. For employees who physically report to work at a company location on any regular, consistent or predictable basis, employers are required to use standard I-9 procedures.

    On August 18, the DHS published a Notice of Proposed Rulemaking which would create a framework under which the Secretary would be authorized to extend the flexibilities on a more permanent basis. Given the length of time the rulemaking process takes, CUPA-HR is grateful for the DHS’s extension of the Form I-9 flexibilities.



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  • HR and the Courts – July 2022 – CUPA-HR

    HR and the Courts – July 2022 – CUPA-HR

    by CUPA-HR | July 6, 2022

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

    Long Awaited Title IX Regulations Issued

    On Thursday, June 23 the Biden administration’s Department of Education issued its long anticipated new Title IX proposed regulations. The proposed regulations consist of a 700-page document published in the Federal Register and open for public comment for 60 days. The significant highlights of the proposed regulation include the expanding of the definition of sex harassment to include as prospective claimants those who allege discrimination or harassment based on sexual orientation, gender identity, pregnancy and any situation that creates a “hostile environment.”

    The proposed regulations throw out the Trump administration’s definition of sex harassment, which required the alleged sex harassment be “so severe and pervasive as to be objectively offensive,” and return to the pre-Trump era’s “severe and pervasive” standard, which is consider by most commentators to be a lower bar for future alleged sex harassment victims.

    The proposed regulations also expand jurisdiction over alleged sex harassment to include off-campus and out of the country matters, including study abroad situations. Finally, the proposed regulations also eliminate the requirement that investigations include cross examination of victims and in-person hearings. We will follow developments as these regulations ultimately wind their way to finalization. Learn more.

    Court of Appeals Rules That a Professor Has an Independent Right to Sue a University Under Title IX for an Alleged Gender-Biased Sex Harassment Allegation Which Led to His Denial of Tenure 

    The U.S. Court of Appeals for the 2nd Circuit (covering New York, Vermont and Connecticut) ruled that a professor has an “implied right” of action for alleged gender bias under Title IX concerning the conduct of a Title IX investigation into charges of sex harassment brought by a student. The 2nd Circuit joined a number of other circuit courts in holding that Title IX grant professors have a right to sue under similar alleged circumstances (Vengalatorre v. Cornell University (2nd Cir. No. 15-14, 6/2/22)).

    The professor alleged that the university’s procedures for investigating the allegations were “fundamentally flawed,” as the student’s allegations were time-barred under the university’s Title IX procedures. The university continued its investigation under the university’s “Romance Policy,” which took the investigation out of the hands of the Title IX coordinator and Title IX investigators. The investigation continued under the jurisdiction of a faculty committee, which the plaintiff alleged would not take action against allegedly false accusations because of “Twitter blow back.” The professor alleges that he was denied tenure as a result of a gender-biased investigation. The court ruled that the professor can proceed to trial over his allegations under Title IX.

    Transgender Sheriff’s Deputy Wins Title VII Lawsuit Over Denial of Coverage for Sex-Change Surgery but Loses ADA Claim Based on Gender Dysphoria

    A federal district judge in Georgia ruled in favor of  a sheriff’s deputy that she was improperly denied coverage for sex change and related genital surgery under the county’s health plan. The judge ruled that pursuant to the Supreme Court’s 2020 decision in the Bostock case that gender identity discrimination is prohibited by Title VII of the Civil Rights Act of 1964. The judge ruled that the exclusion for “sex change surgery” contained in the county’s insurance policy is facially discriminatory to transgender plan participants (Lang v. Houston County (2022 BL 191359  M.D. Ga. No. 5:19-cv-00392, 6/2/22)).

    The judge observed that it is undisputed that mastectomies are covered when they are medically necessary for cancer treatment but not when they are medically necessary for a sex change procedure. Similarly hormone replacement therapy is covered when medically necessary to treat menopause but not when medically necessary for a sex change. The judge concluded that this exclusion applies only to transgender participants and therefore violates Title VII.

    However, the judge dismissed plaintiff’s claims under the ADA. The Judge ruled that the ADA exclusion of “gender identity disorders” from coverage under the statute applies to plaintiff’s medical condition of “gender dysphoria.”

    University Subject to Gender-Based Discrimination Claim by Professor/Applicant for Position Never Filled

    The Court of  Appeals for the 6th Circuit recently over turned a trial court’s dismissal of a Title IX gender discrimination lawsuit filed by the top-ranked applicant for a position that was not filled. The plaintiff, a male, alleged gender discrimination against him by way of a plot to leave the leave the position he was ranked number one for unfilled, and then create two new, separate positions that were filled by female applicants. The trial court dismissed the case as “unripe” as the original position was never filled. The appeals court reversed, holding that an employer can commit hiring bias a number of ways, including cancelling a job opening in favor of creating a new position in which to hire employees of a different gender (Charlton-Perkins v. University of Cincinnati (2022 BL 292328, 6th Cir. No. 21-13840, 6/3/22)).

    The appeals court concluded that the alleged failure to hire the male plaintiff professor, despite the fact he was the number one applicant, is enough by itself to describe an adverse employment action and state an actionable discrimination claim for relief.

    North Carolina State Plan Covering Teacher and State Employees Ordered to Pay Employees’ Transgender Care

    The North Carolina Medical Plan for Teachers and State Employees’ exclusion of gender-confirmation coverage discriminates against transgender employees and their dependents on the basis of sex and transgender status in violation of the Constitution’s equal protection clause and Title VII, concludes the U.S. District Court for the Middle District of North Carolina (Kadel V. Falwell (M.D.N.C., No. 19-cv-272, 6/10/22)). The court observed that the plan distinguishes between medically necessary drugs that conform to the patients biological sex and medically necessary drugs that do not. A similar case is pending with the Arizona State Plan, which we recently reported on.



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