Tag: Letter

  • VICTORY! University of North Texas system lifts drag ‘pause’ after FIRE/ACLU of TX letter

    VICTORY! University of North Texas system lifts drag ‘pause’ after FIRE/ACLU of TX letter

    DENTON, Texas, Aug. 28, 2025 — The University of North Texas system confirmed that it has lifted its “pause” on drag performances across its campuses, in response to a demand letter from civil liberties organizations informing the school that it was violating its students’ First Amendment rights.

    On March 28, UNT System Chancellor Michael Williams issued a system-wide directive announcing an immediate “pause” on drag performances on campus. Williams’ directive came days after a similar drag ban from the Texas A&M University System was blocked by a federal judge following a lawsuit from the Foundation for Individual Rights and Expression.

    On Aug. 14, FIRE and the American Civil Liberties Union (ACLU) of Texas sent a letter informing Williams that his “pause” violated the Constitution for the same reasons.

    “UNT cannot justify banning an entire class of protected expression from campus performance venues on the basis that such expression might cause offense,” the letter read. “In the same way that some people may not appreciate UNT allowing students, staff, or visitors to engage in prayer on campus or wear t-shirts supporting rival universities, the fear that such speech may be ‘offensive’ to some is not a constitutionally permissible reason to ban it.”

    Yesterday, the UNT Office of General Counsel responded to the FIRE/ACLU-TX letter and announced that in light of a recent decision from the U.S. Court of Appeals for the Fifth Circuit blocking yet another drag ban in Texas — this time at West Texas A&M University — “the UNT System’s temporary pause on drag performances has ended.”

    “If campus officials can silence expression simply because some find it ‘offensive,’ no one’s speech will be safe,” said FIRE Strategic Campaigns Counsel Amanda Nordstrom “Today it’s drag shows, but tomorrow it could be political rallies, art exhibits, or even bake sales. From West Texas to North Texas and any direction you look, the message is clear: drag is protected expression, and the show must go on.”

    “UNT repealed its drag ban following public backlash and legal pressure,” said ACLU of Texas Attorney Chloe Kempf. “As we and the courts have repeatedly made clear, banning drag is plainly unconstitutional. Drag is a cherished source of joy and liberation for the LGBTQIA+ community — and this reversal ensures students can once again freely express and celebrate their identities on campus.”


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

    CONTACT:

    Alex Griswold, Communications Campaign Manager, FIRE: 215-717-3473; [email protected]

    Kristi Gross, Press Strategist, ACLU of Texas: [email protected]

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  • Letter From a Region of My Mind

    Letter From a Region of My Mind

    Working in journalism left Inside Higher Ed’s co-founder Doug Lederman little time to read for anything but information, so last summer, when he stepped away from 90-hour workweeks, he told me he wanted to watch less Netflix. I said, “Friend, you came to the right place.” Recommending reading is pretty much the only area where I can make solid contributions these days.

    I started Doug out with things I knew he’d like. Chad Harbach’s The Art of Fielding was an early favorite. I moved him along to Jess Walter’s Beautiful Ruins, The Friend by Sigrid Nunez, James (Percival Everett, not Henry), Meg Wolitzer’s The Interestings and loaded him onto the Louise Penny train.

    But just before I headed to D.C. last March for his official farewell party, I assigned him a novel I’d been wanting to reread and liked the idea of book-clubbing with him: John Williams’s beautiful and heartbreaking Stoner. I’ve often given Doug a hard time about—well, everything—but especially the fact that he’s never actually been in higher ed. He’s only peered in from outside with a reporter’s magnifying glass, exposing our flaws and fault lines, doing his essential duty as a journalist.

    When Doug asked me to work with him as a thought partner to create a newsletter for upper-level administrators, he wanted to bring tough love to leaders. He confessed to having a case of the fuck-its, disappointed that higher ed has been so slow to change and unwilling to take responsibility for some missteps. As we know, disappointment can only come from love, and is much harder for recipients to bear.

    I responded in my typically tactful fashion, asking him, “Who the fuck are you to have a case of the fuck-its? Do not speak to me of the fuck-its! Have you had to read millions of pages of academic monographs? Have you heard academics complain that their names were too small on book covers? Have you denied thousands of qualified applicants admission to their dream college, or sat through interminable Faculty Senate meetings group-copyediting policies? Have you taught classes that flop or graduate students who just can’t?”

    In other words, I told the co-founder of IHE he had little idea what it was like to be in higher ed, especially from the perspective of a faculty or staff member. Given his role and prominence in the industry, Doug’s attention is always sought after, a high-value treat. In our world, he is beef jerky, not a Milk-Bone.

    I thought it time for him to use his leisure reading to get a deeper understanding of what it’s like to be a regular professor. Not an oversize character like Morris Zapp (my old boss, Stanley) or even Lucky Hank Devereaux (or Lucky Jim).

    Stoner follows the fictional life and career of an English professor at the University of Missouri in the early part of the last century. Early in the novel, and just before the sinking of the Lusitania, the sharpest of a group of three young academics asks his fellows, “Have you gentlemen ever considered the question of the true nature of the University?”

    Mr. Stoner “sees it as a great repository, like a library or a whorehouse, where men come of their free will and select that which will complete them, where all work together like little bees in a common hive.” Mr. Finch, with his “simple mind,” sees it as “a kind of spiritual sulphur-and-molasses that you administer every fall to get the little bastards through another winter.” Finch goes on, naturally, to become a dean.

    But they are both wrong, claims the character named Masters. The university ”is an asylum …. a rest home, for the infirm, the aged, the discontent, the otherwise incompetent.” His self-diagnosis: ”I’m too bright for the world, and I won’t keep my mouth shut about it.” He concludes, ”But bad as we are, we’re better than those on the outside, in the muck, the poor bastards of the world. We do no harm, we say what we want, and we get paid for it.”

    The book, published in 1965, presents characters that feel so current and vibrant you can imagine having a cocktail with them. In the times we now find ourselves, Stoner may become popular again—but not for all the right reasons.

    I have friends who have long said they’re done reading things by dead white men. When Doug and I were in college, that was pretty much the entire curriculum, with the exception of the 19th century gals, an Emily Dickinson here, a Frederick Douglass there. This reluctance is understandable, given how long the canon excluded previously silenced voices. Yet, I don’t discriminate. Stoner offers profound insights into institutional structures that persist today.

    These thoughts were on my mind as I finished my reread just before our flight to D.C. to celebrate Doug’s retirement next chapter, where institutional structures of a different kind awaited us in marble and glass.

    We had half a day before the event and my husband, Toby, and I wanted to be tourists. It had not been my intention to speed-walk through four museums in five hours. (Toby could spend hours in front of one painting, but he loves me and is a good sport.)

    My childhood consisted of trips downstate to see grandparents in New York City, which often involved visits to museums. A favorite was the one that hosted the squid and the whale. Unconsciously, I bought into the primate visions described by Donna Haraway about hierarchies—her critique of how science museums construct narratives of power and evolution that shape our understanding.

    Fifty years later, I was eager to see what had changed. We started at Natural History, moved on to American History, then African American, and ended up at the Holocaust. In March 2025, this journey was not, it won’t surprise you to learn, an uplifting experience. The museums, like higher education itself, told a complex story of American identity that is now under dire threat.

    I sped through to parse the presentation. How did the curators choose to tell the stories, some of which I know well, and which, as an adult, I would always prefer to read? Since I began my career publishing books in American history at Oxford University Press, I’ve imbibed a decent amount of quality scholarship.

    When I became an acquisitions editor at Duke University Press in 1991, I was intrigued by the work of scholars like Kimberlé Crenshaw, Patricia Williams, Mari Matsuda, Derrick Bell and other theorists who used narrative to examine how our legal system perpetuated structural inequalities. Most people weren’t reading law journals back then, and it took a while for those ideas to make it into the mainstream

    Academe cranked open the curriculum to face historical truths not always self-evident: We are a country built on a commitment to diversity, equity and inclusion. At times we fell short of the mark, but the arc of the universe is long, and we were taught the direction in which it bends.

    Except. The rise to power documented in that last somber building we visited reads to me like a blueprint for what’s happening today. Before I could remember not knowing it, my father drilled into me that what it means to be a Jew is there’s always someone who wants to put you in an oven. That was made tangible by the numbers I saw tattooed on the arm of Great-Grandpa Max.

    How much longer will busloads of boisterous students milling around these repositories of culture be able to learn our history? When will the whitewashing take hold so that the ideas contained in the curators’ vision—in the works we’ve published since the latter part of the last century—are mummified?

    One of many chilling moments: coming on a small story I knew from the film Who Will Write Our History? Historian Emanuel Ringelblum organized Jews in the Warsaw Ghetto in 1939 to document unprecedented actions. He collected materials, placed them in milk cans and buried them throughout the city. The archive known as the Oneg Shabbat is housed in Jerusalem at Yad Vashem.

    It was impossible in March not to feel that my colleagues at IHE and other media outlets are busting their butts at a similar task: chronicling the last days of an era of inclusion.

    How long before these exhibits come down, replaced by gold toilets in buildings repurposed for hotels and casinos?

    Just as the bright shining moment of Camelot disappeared for a previous generation, many of us already look back on Hamilton with nostalgia. A too-quick tour of museums in our nation’s capital filled me with love for America and the things that made us great. When I left, all I felt was grief. What happens if we don’t rise to today’s challenge?

    This sobering experience in D.C. brought me back to my conversation with Doug about higher education’s resistance to change. A reading of Stoner should not feel as resonant and familiar as it does. Little about faculty structure and the ethos of academe has evolved in the last century.

    Walking through those endangered halls of American memory, what Doug has long been saying to leaders is urgent: We need more than just better storytelling about higher education—we need to fundamentally reimagine it. And we need to do it now.

    The buried milk cans of our moment will someday be unearthed. The articles, reports and assessments documenting higher education’s struggles will serve as testimony to what we did—or failed to do—in this critical period. My only hope is that they’ll reveal how colleges and universities finally broke free from institutional inertia to continue to do the work of educating our citizenry toward truth and justice for all.

    Note: This reflection was published March 22, 2025, as an issue of The Sandbox. I wanted to share it as part of my new column here for two reasons (and with apologies to subscribers). First, if you’ve been reading the news, you’ll see that I wish I’d been wrong. Just a week after this first came out, the dismantling began. And now we’re seeing a scrubbing of our nation’s history in essential cultural institutions and not just in D.C.

    Also, I got a ton of responses from readers thanking me for putting them onto Stoner. So now, you’re welcome, friends.

    Rachel Toor is a contributing editor at Inside Higher Ed and the co-founder of The Sandbox, a weekly newsletter that allows presidents and chancellors to write anonymously. She is also a professor of creative writing and the author of books on weirdly diverse subjects. Reach her here with questions, comments and complaints compliments.

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  • The Family Business: An Open Letter (satire/opinion)

    The Family Business: An Open Letter (satire/opinion)

    Dear Presidents, Chancellors and OTHER Temporary Custodians of My Properties:

    Greetings from the Family—I mean, the Administration. You’ve been running a nice little operation there: world-class labs, libraries, free-thinking faculty, students from all over the globe who still believe in the marketplace of ideas, all asking dangerous questions like “Why?” and “What is your evidence?”

    It’s over.

    As the founder of a MAJOR university, I’m here to say this: We’re gonna do things my way now.

    First Order of Business: You Need My Protection

    As you know, I’m a SUCESSFUL international businessman. I offer certain countries—let’s call them “friends”—deals: They pay me a modest consideration, or maybe a big, beautiful luxury jet, and I won’t slap them with tariffs to make their economy bleed out. I offer the same generous arrangement to higher ed.

    Take Crooked Columbia and Brownnosing Brown—smart enough to come to the table, hand over the dough and watch my charges vanish like magic. Funding? Flowing again … for now.

    High and mighty Harvard’s still holding out, though, thinking they can win a staring contest. Let’s just say their next accreditation visit is gonna be … comprehensive.

    UCLA? Aka Useless College for Leftist Agendas. Rumor is my friends in D.C. have started looking real close at their books. Would be a shame if we had to start collecting on that billion the hard way.

    The rest of you RADICAL LUNATIC LEFT, listen up:

    Investigations into your crimes against America, like “allowing students to protest” or “letting faculty disagree with the government,” can disappear overnight … for a price.

    Call it a FAVOR from a friendly accreditor.

    But remember, what I giveth I can take awayeth.

    I don’t do promises; I do BUSINESS. And it’s business time.

    Apple, Intel, NVIDIA jump when I say jump. Universities? Child’s play.

    Some say I’m an ANTISEMITISM SOCIAL JUSTICE WARRIOR on campus and sure, I like the Jews. I’ll take the compliment, right alongside credit for sprucing up big, beautiful Confederate statues.

    My war on hate? Let’s just say it has … range. And if a few very fine people happen to be nearby, standing back and standing by, waiting for the signal to help CLARIFY my position, well, that’s just business.

    We Don’t Need Stuck-Up Elites Who Think They’re So Smart

    That NASTY WOMAN at the Bureau of Labor Statistics? The one who brought me cooked-up job numbers I didn’t like? FIRED.

    That Georgia political hack who couldn’t find enough votes? ENEMY OF THE PEOPLE!

    Judges who cross me? Death threats from my cyber goons have them looking over their shoulders.

    Your degree, your Nobel Prize, your teaching awards—SAD! I’ve built towers with my name in gold, hosted the No. 1 reality show on television, and put my face on steaks, sneakers and Bitcoin.

    So you publish in that fake Ranger Rick Nature magazine. I don’t care if your lab just cured cancer; if your research questions don’t support my worldview, your grant is pulled and your lab reassigned to our friend of the family on the board, Mikey, who’s very confident about his opinion on quantum biology.

    IRB? More like, “I’m Rich, Buddy.”

    Loyalty—to ME—is the only credential that matters.

    WOKE Faculty Hiring and Student Admissions: GONE-ZO

    MARXIST MANIACS who lack American values and good Christian sensibilities have no business shaping our young peoples’ minds. Cover letters with Bible verses or Lee Greenwood lyrics will receive special consideration.

    After I cut more big, beautiful deals with my AI buddies, the bots will weed out candidate files with the words “inclusive excellence” or “diversifying the pipeline.”

    No more “global citizen” snowflake CRAP. In fact, pretty soon, it’s gonna be all AI at the podium—no critical thinking, no unions, no problem.

    International students are allowed, but only RICH ones, with no subversive ideas, like democracy, on their social media feeds. No students from the shithole countries—you know the list. (Come to think of it, I don’t like any country, so being from one of our so-called allies won’t help either.)

    NO “underrepresented” anything. ONLY OVERREPRESENTED. Racial disadvantage, adversity, “lived experience” or some “community-based” qualifications? FORGET ABOUT IT.

    We’re running a university, not a sob story contest!

    You want to admit a Latina who speaks three languages and started her own nonprofit? Great—as long as all three languages are English and she’s truly FEMALE.

    And while we’re at it, ban “optional” diversity statements. The only statement that matters is your pledge of allegiance. To me.

    Academic Freedom, Suckers!

    You thought academic freedom meant hiring the best scholars, encouraging debate and letting a thousand ideas bloom.

    HILARIOUS!

    From now on, FREEDOM means freedom to offer academic programs that look just like the ones we had in 1952, when America was great (minus the jazz) and McCarthy knew what higher education should look like.

    It took Viktor 10 YEARS to bring his universities to heel. I’m doing it in six MONTHS, results like nobody’s ever seen before.

    “woMEN’s” studies? GONE.

    African American literature course? Replaced with Great Books by Even Greater White Men.

    Faculty scholarship on critical race theory, gender equity or, God forbid, climate science, will get an automatic tenure-denial stamp. Come to think of it, tenure? What’s that? More like Permanent Welfare for America-Hating Communists.

    Just watch what you publish, pal. I can make tenure go away real fast, the same way I disappeared USAID.

    My good friend VICE CHANCELLOR Rufo will replace it with rolling one-year contracts, renewable upon click-through loyalty oath training modules.

    Also, just a heads-up. Any course material still using the outdated term “Gulf of Mexico” will be flagged in our next surveillance round. My top patriot and loyal adviser, Stephen, suggests: “The Gulf of AMERICA FIRST.” And you so-called political scientists, get your facts right on who won the 2020 election. You’d best update those course materials, nice and clean, and nobody’s sabbatical turns into an extended stay at Alligator Alcatraz.

    Capishe? I don’t want to have to slam any more heads together.

    It’s time you got the picture, EGGHEADS: Knowledge isn’t power. Power is power.

    Thank you for your attention to this matter!

    Your Don

    P.S. I’ll let you keep your football program. You’re welcome.

    Jennifer Lundquist is a professor of sociology at the University of Massachusetts Amherst. Her satirical observations in this essay are hers alone and not intended to represent the views of her employer.

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  • Department of Labor Announces Opinion Letter Program – CUPA-HR

    Department of Labor Announces Opinion Letter Program – CUPA-HR

    by CUPA-HR | June 4, 2025

    On June 2, the Department of Labor (DOL) announced the launch of its opinion letter program across five agencies, including the Wage and Hour Division (WHD), the Occupational Safety and Health Administration (OSHA), the Employee Benefits Security Administration (EBSA), the Veterans’ Employment and Training Service (VETS) and the Mine Safety and Health Administration (MSHA).

    Opinion letters are intended to provide compliance assistance to workers, employers and other stakeholders to better understand how relevant federal labor laws apply in workplace situations. They serve as each agency’s official written interpretations of federal laws and how they apply to specific circumstances presented by individuals or organizations.

    The agencies listed above have published opinion letters and similar guidance in the past. Notably, WHD has issued several opinion letters regarding the application of the Fair Labor Standards Act (FLSA) and the Family and Medical Leave Act (FMLA), covering issues such as worker classification, compensable hours for telework travel time, and the intersection of paid leave under the FMLA and state and local paid leave laws. WHD has also issued several opinion letters on regular rate of pay for overtime calculations. OSHA has issued “Letters of Interpretation” that cover a range of worksite health and safety issues, and EBSA published advisory opinions and information letters regarding employer-provided health and retirement benefits plans.

    To support their opinion letter program, DOL announced a new landing page that allows individuals to seek out past guidance from each agency and to submit new requests for opinion letters to the appropriate agency. CUPA-HR will monitor for relevant opinion letters released by DOL and keep members apprised of enforcement updates by the agencies.



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

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

    by CUPA-HR | April 8, 2025

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

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

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

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



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  • Letter to Faculty on Self-Censorship and Boldness (opinion)

    Letter to Faculty on Self-Censorship and Boldness (opinion)

    This is a call to my dear faculty friends and colleagues in higher education institutions.

    In the first months of the new presidential administration, and indeed since the election, many have been searching for answers. I have been in more meetings, gatherings and brain dump sessions than I can count, all focused on the same existential question: What does this all mean?

    I have heard a number of higher education faculty, in particular those who are committed to diversity, equity and inclusion work, who are wondering what this means in terms of their research and teaching. I do not want to minimize these fears, but I would also like to reframe these discussions.

    The fears are real, and the threats that people face vary greatly from state to state. That is, the potential repercussions for someone in South Dakota or Idaho are substantially greater than for someone in California, for example. I also fully understand that pretenure or non-tenure-track faculty members risk more than those like me with the protections of tenure. I also am aware that issues around federal research funding for DEI-related topics remain highly unsettled as grant cancellations continue.

    I am not calling for us to be lacking in strategy or unaware of our contexts. However, I am extremely concerned that a number of my fellow academics are engaging in pre-emptive self-censorship.

    That is, my dear friends and colleagues continually make statements like these behind closed doors:

    • “Only sign on/speak up on issue X if you are comfortable.”
    • “We need to be sensitive to the potential harm that can befall our members.”

    I do not disagree with these sentiments on their face, but I worry about this on two fronts.

    First, there is one key issue I have not seen engaged in these discussions: While tenured faculty are currently under attack across the country, we also have privileges enjoyed by no one else on college campuses, such as academic freedom and tenure.

    While this does not absolutely insulate us from potential harms stemming from regressive laws or executive actions, it does mean that relative to professors of practice, adjuncts and staff, we enjoy a number of privileges they do not. For example, in my home state of Arizona, staff are considered at-will employees and can be quickly dismissed for speaking out.

    I do not deny that we are living in perilous times, but what good are academic freedom and tenure if we do not use them? Some think, I believe mistakenly, that speaking out will only embolden the attacks on higher education institutions and faculty. I, instead, am more compelled by Frederick Douglass’s proclamation,

    Find out just what any people will quietly submit to and you have found out the exact measure of injustice and wrong which will be imposed upon them, and these will continue till they are resisted …”

    Generation after generation, people have been convinced that being quiet will quell attacks, and generation after generation, this approach has only invited more of them. It also seems fairly clear that the attacks on higher education are not going to stop any time soon.

    I am reminded of the first time I saw Noam Chomsky speak, when he offered, “We are so concerned with the cost of our actions that we forget to ask, what is the cost of inaction?” We are frequently so concerned with the potential consequences of speaking out, we forget what our silence will invite.

    This leads to my second point: What good are academic freedom and tenure if we do not use them? We as academics so often talk about the rights afforded us through academic freedom. Much less frequently do we ask what the social responsibilities of said freedom are. Returning to Chomsky, the responsibility of intellectuals is to “speak the truth and expose lies.” There can be no greater calling for academics in a “post-truth” society than to do both publicly and boldly.

    Finally, and I cannot stress this enough, we are not going to feel comfortable before speaking out. I am reminded of Archie Gates (George Clooney’s character in Three Kings), who said, “The way this works is, you do the thing you’re scared shitless of and you get the courage after you do it, not before you do it.” This is why I am frustrated by the continual asking if my dear faculty friends and colleagues feel comfortable about speaking up, being identified in actions and putting ourselves in harm’s way. We will not a priori feel comfortable, so this should not be a prerequisite for action.

    So let us take comfort in the prophetic words of Audre Lorde in her poem “A Litany for Survival”:

    and when we speak we are afraid
    our words will not be heard
    nor welcomed
    but when we are silent
    we are still afraid

    So it is better to speak
    remembering
    we were never meant to survive.”

    Make no mistake—this is an all-out attack on higher education. When the current president refers to the “enemies from within,” this in part means us. For some reason, higher education leaders currently think that they can simply put their heads down, not make waves and ride out this storm. For every leader like President Danielle Holley of Mount Holyoke College, who openly challenges Trump’s attacks on DEI, there are many more who are removing DEI language from websites while considering shutting down these programs.

    This is extremely misguided, because being quiet will not save us.

    Bending the knee and precomplying will not stave off these attacks.

    Acquiescing to censorship will not stop the threats.

    Only engaging in collective, bold, public, strategic struggle and disruption has the potential to do so.

    We did not pick this fight, but this is the fight that we are in.

    Nolan L. Cabrera is a professor at the University of Arizona, but he writes this as a private citizen. Views expressed here are only his own. He is the author of Whiteness in the Ivory Tower (Teachers College Press, 2024), and this op-ed is adapted from Chapter 3 of the book. He is also the co-author of Banned: The Fight for Mexican American Studies in the Streets and in the Courts (Cambridge University Press, 2025).

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  • Department of Education Releases FAQ on February 14 “Dear Colleague” Letter

    Department of Education Releases FAQ on February 14 “Dear Colleague” Letter

    by CUPA-HR | March 3, 2025

    On March 1, the Department of Education’s Office for Civil Rights (OCR) released a Frequently Asked Questions  document providing further guidance on OCR’s February 14, 2025, “Dear Colleague” letter.

    The February 14 “Dear Colleague” Letter

    The “Dear Colleague” letter outlines OCR’s enforcement position with respect to the legal requirements “under Title VI of the Civil Rights Act of 1964, the Equal Protection Clause of the United States Constitution, and other relevant authorities,” in light of the Supreme Court’s 2023 ruling in Students for Fair Admissions v. Harvard (SFFA). The letter states SFFA “clarified that the use of racial preferences in college admissions is unlawful, sets forth a framework for evaluating the use of race by state actors and entities covered by Title VI.” OCR declares in the letter that, in accordance with SFFA, federal law “prohibits covered entities from using race in decisions pertaining to admissions, hiring, promotion, compensation, financial aid, scholarships, prizes, administrative support, discipline, housing, graduation ceremonies, and all other aspects of student, academic, and campus life.” The letter states that OCR will “take appropriate measures to assess compliance with the applicable statutes and regulations based on the understanding embodied in this letter beginning no later than 14 days from today’s date,” which was February 28. OCR also notes in the letter that institutions that fail to comply “face potential loss of federal funding.”

    CUPA-HR joined the American Council on Education and dozens of other higher education associations in a February 25, 2025, letter to OCR noting  that the language in the “Dear Colleague” letter is ambiguous and, as a result, campuses are confused about their compliance responsibilities. CUPA-HR, ACE and the other associations requested in the letter that the department rescind the “Dear Colleague” letter and “engage with the higher education community to ensure a clear understanding of their legal obligations in this area.”

    The FAQ

    The March 1, 2025, FAQ provides details on how to file a discrimination complaint, the department’s view on what type of activity is unlawful and the department’s approach to enforcement.

    Enforcement

    With respect to the department’s approach to enforcement, the FAQ states that if OCR “determines that a school failed to comply with the civil rights laws that it enforces, [it] will contact the school and will attempt to secure its willingness to negotiate a voluntary resolution agreement.” The FAQ then states that “if a school is unwilling to negotiate a resolution agreement, OCR will inform the school of the consequences, which may result in OCR initiating enforcement through administrative proceedings or referring the case to the Department of Justice for judicial proceedings.”

    Unlawful Activity

    OCR notes in the FAQ that OCR’s assessment of whether an institution’s policies and programs are lawful “depends on the facts and circumstances of each case,” but provides more details on specific activities that do or may violate the law. The FAQ notes that it regards the following activities as unlawful:

    • preferences and stereotypes as a factor in admissions, hiring, promotion, scholarship, prizes, administrative support, sanctions, discipline, and other programs and activities;
    • any programming, graduation ceremonies, housing, or any other aspect of school life that allows one race but not another or otherwise separates students, faculty, or staff based on race; and
    • policies that appear neutral on their face but are made with racially discriminatory purpose.

    With respect to the last bullet, OCR states in determining “whether a school acted with a racially discriminatory purpose, [it] may analyze different types of circumstantial evidence that, taken together, raise an inference of discriminatory intent.” OCR provides the following “non-exhaustive list,” which may include:

    • whether members of a particular race were treated differently than similarly situated students of other races;
    • the historical background or administrative history of the policy or decision;
    • whether there was a departure from normal procedures in making the policy or decision;
    • whether there was a pattern regarding policies or decisions towards members of a particular race;
    • statistics demonstrating a pattern of the policy or decision having a greater impact on members of a particular race;
    • whether the school was aware of or could foresee the effect of the policy or decision on members of a particular race; and
    • the school’s history and stated policy of using racial classifications and race-based policies to further DEI objectives, “equity,” a racially oriented vision of social justice, or similar goals.

    The FAQ also describes activities that could be unlawful. Specifically, the FAQ notes that “extreme practices at a university — such as requiring students to participate in privilege walks, segregating them by race for presentations and discussions with guest speakers, pressuring them to participate in protests or take certain positions on racially charged issues, investigating or sanctioning them for dissenting on racially charged issues through DEI or similar university offices, mandating courses, orientation programs, or trainings that are designed to emphasize and focus on racial stereotypes, and assigning them coursework that requires them to identify by race and then complete tasks differentiated by race — are all forms of school-on-student harassment that could create a hostile environment under Title VI.”

    DEI?

    The FAQ notes, “whether a policy or program violates Title VI does not depend on the use of specific terminology such as ‘diversity,’ ‘equity,’ or ‘inclusion,’” but rather whether it discriminates “based on race, color, or national origin.” The FAQ notes that institutions “may not operate policies or programs under any name that treat students differently based on race, engage in racial stereotyping, or create hostile environments for students of particular races,” or programming that “discourages members of all races from attending, either by excluding or discouraging students of a particular race or races.”

    The FAQ also notes, however, that “programs focused on interests in particular cultures, heritages, and areas of the world would not in and of themselves violate Title VI, assuming they are open to all students regardless of race.” OCR also states that “educational, cultural, or historical observances — such as Black History Month, International Holocaust Remembrance Day, or similar events — that celebrate or recognize historical events and contributions, and promote awareness,” are lawful “so long as they do not engage in racial exclusion or discrimination.”

    Next Steps

    CUPA-HR will continue to monitor and keep members apprised of any further developments.



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  • A letter to NEH on compliance with Trump orders (opinion)

    A letter to NEH on compliance with Trump orders (opinion)

    On Feb. 11, the National Endowment for the Humanities announced on its website that it had modified its funding criteria for eligible humanities projects in compliance with three recent executive orders. According to the announcement, “NEH awards may not be used for the following purposes:

    • promotion of gender ideology;
    • promotion of discriminatory equity ideology;
    • support for diversity, equity, and inclusion (DEI) or diversity, equity, inclusion, and accessibility (DEIA) initiatives or activities; or
    • environmental justice initiatives or activities.”

    These prohibitions impose the terminology of Executive Orders 14151, 14168 and 14190 onto future applicants for NEH funding, whether individual scholars, museums, nonprofit organizations or colleges (including historically Black colleges and universities and tribal colleges). Published well within the stipulated 60-day window for government agency compliance with the order to terminate all “equity-related” initiatives, grants or contracts, these prohibitions represent a swift implementation of the Trump administration’s point-by-point mandate for “Ending Radical Indoctrination.”

    I can only begin to conjecture here about what the consequences of the NEH’s new criteria might be for the humanities, the domain of cultural and intellectual inquiry the NEH was created to foster. To cite the National Foundation on the Arts and Humanities Act of 1965, “While no government can call a great artist or scholar into existence, it is necessary and appropriate for the Federal Government to help create and sustain not only a climate encouraging freedom of thought, imagination, and inquiry but also the material conditions facilitating the release of this creative talent.”

    To uphold conditions defined by prohibition rather than freedom—and with prohibitions explicitly targeting the right to existence of queer and transgender people (“gender ideology”), the ability in any way to offset egregious structural inequalities in educational and cultural access (“DEI”), and even the very right to advocate on behalf of anyone’s rights (“discriminatory equity ideology”)—is to betray the very terms under which the NEH was created. In revising its Notice of Funding Opportunities, the NEH is in violation of its public mission.

    Presumably, as a government agency perpetually under threat of budget cuts, the NEH hastened to implement Trump’s executive orders in order to fend off wholesale elimination. The NEH is a federal agency and is thus directly implicated in the executive orders, provided those orders are constitutional. By complying with Trump’s ideology, the National Endowment may perhaps live to see another day, thereby preserving the careers of at least some of its approximately 185 employees and its ability—to do what?

    The NEH has not yet fully overhauled its website to reflect its compliance. Of its current listings of Great Projects Past and Present, perhaps “The Papers of George Washington,” “Journals of the Lewis and Clark Expedition,” and “The Real Buffalo Bill” might manage to squeeze through under the new stipulations, but would the Created Equal documentary film project be so lucky? Would a biography of union organizer César Chavez manage to qualify as a fundable project, or a documentary about “A Black Surgeon in the Age of Jim Crow”? How about the Transatlantic Slave Trade Database? The NEH has leveraged its own institutional survival on the forfeit of future such projects.

    The problem is a far deeper one, however. In what universe should it be too much to ask that a state-sponsored institution created to uphold the “material conditions” for freedom of thought, imagination and inquiry put up even the slightest resistance to the inhumane, reactionary and repressive edicts issued by the Trump regime? Even today, the NEH website champions its past support for projects that uphold justice in the face of oppression, that resist totalitarian erasure. Yet the NEH itself has mustered no such resistance. Instead, it has announced that any such projects are now ineligible for consideration.

    Of one thing I am certain: The National Endowment for the Humanities has forfeited its claim to the word “humanities.” The humanities do not designate a prohibitive sphere of capitulation to ruling forces. The humanities are not furthered by a governmental agency that serves, willingly or unwillingly, as an ideological extension of a political party. The humanities are a domain of inquiry, of questioning and investigation, not of unquestioning acquiescence.

    As a literature professor and an educator in the humanities for more than a quarter century, I have assured my students that the study of cultural, artistic and intellectual production is continuous with its practice. This not only means that humanistic inquiry involves creativity, creation and a commitment to thinking freely, but it also means that humanistic inquiry necessarily upholds the same responsibility to questions of ethics, value and meaning with which any other historical action must reckon. Humanists cannot, and do not, stand meekly aside while the “real” agents of historical change make big decisions.

    In posting a recent message to the frequently asked questions web form on the NEH website, I wrote that in light of the NEH’s silent capitulation to Trump’s executive orders, I was ashamed to call myself a humanist. I hereby recant that statement. I am not ashamed to call myself a humanist. It is the National Endowment for the Humanities that should be ashamed. Or, better yet, I call on the NEH and all its 185 employees, including and especially NEH chair Shelly C. Lowe, to recant their compliance with Executive Orders 14151, 14168 and 14190 and join other national and international agencies, organizations and individuals in resisting the inhumane and unconstitutional decrees of the Trump administration.

    Jonathan P. Eburne is a professor of comparative literature, English and French and Francophone studies at Pennsylvania State University and director of undergraduate studies in comparative literature.

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  • Dear Colleague letter is lawless attack on DEI (opinion)

    Dear Colleague letter is lawless attack on DEI (opinion)

    On Valentine’s Day, the Trump administration surprised schools and colleges with its newest attack on DEI and student body diversity. The U.S. Department of Education’s Office for Civil Rights released a Dear Colleague letter that warned schools and colleges that they may lose federal funding if they discriminate on the basis of race.

    This letter revealed novel, unsupported legal theories regarding the application of federal civil rights laws to schools and colleges. In fact, OCR’s letter sweeps so broadly that it claims to prohibit certain considerations of race that remain perfectly legal under well-established legal doctrine.

    While the threat of losing federal funding has been a facet of Title VI of the Civil Rights Act since its passage in 1964, the letter specifically takes aim at DEI programming as well as the use of “race as a factor in admissions, financial aid, hiring, training, and other institutional programming.”

    Although the letter includes some correct statements of nondiscrimination law, OCR makes assertions that are troubling and unsupported by sound legal reasoning. As part of the team that wrote OCR’s guidance on this very issue in the wake of the Supreme Court’s ruling in Students for Fair Admissions v. Harvard, I am disturbed by how politics is driving policy guidance that will hurt educational institutions and students from kindergarten through college.

    In describing the scope of SFFA, OCR’s latest guidance attempts to smuggle in a legal standard that appears nowhere in the court’s opinion. The letter states, “Relying on non-racial information as a proxy for race, and making decisions based on that information, violates the law … It would, for instance, be unlawful for an educational institution to eliminate standardized testing to achieve a desired racial balance or to increase racial diversity.”

    Here, OCR baselessly claims that not only can colleges not consider race as a factor in admissions, they also cannot make race-neutral changes to admissions policies that help increase student body diversity—such as eliminating standardized testing. That claim falls firmly outside not only the bounds of SFFA but also the decades of Supreme Court case law that precede it.

    In Grutter (2003), Justice Sandra Day O’Connor considers whether the University of Michigan Law School could use a lottery system for admissions. In Fisher (2016), Justice Anthony Kennedy implicitly approves of the Texas top 10 percent plan, perhaps the most well-known race-neutral strategy to increase racial diversity. And in SFFA (2023), the plaintiff’s briefs themselves include endorsements of possible race-neutral alternatives Harvard could have legally pursued such as adopting socioeconomic preferences in admissions.

    Yet in its most recent letter, OCR attempts quite the head fake in its declaration that SFFA dictates that schools and colleges must abandon race-neutral strategies meant to increase student body diversity. While in reality SFFA says nothing about the permissibility of these race-neutral strategies, a separate line of cases tackles these legal questions head-on—and contradicts the Trump administration’s unfounded guidance.

    In Coalition for TJ, Boston Parent Coalition and other recent cases, groups similar to Students for Fair Admissions have challenged changes to admissions policies of prestigious, selective high schools that were adopted in part to increase student body diversity. In some cases, the schools reconfigured weighting for standardized tests; in others, schools guaranteed that each feeding middle school gets a certain number of seats. In all of the cases, the school districts won. The position now advanced by OCR in its recent letter has failed to find footing in two courts of appeal. And just last year, the Supreme Court declined to further review the decisions in TJ and Boston.

    What OCR attempts to do with its letter is extraordinary. It tries to advance a legal theory with support from a Supreme Court case that says nothing about the matter. At the same time, OCR ignores recent judicial opinions in cases that directly address this question.

    Regardless of how legally infirm OCR’s proclamations are, schools and colleges will likely feel forced to comply. This could mean that the threat alone will lead schools and colleges to cut efforts to legally pursue racially diverse student bodies and racially inclusive campus environments. As a result, our nation’s classrooms and campuses will unfortunately look less like the communities that they sit in and serve, all because of shoddy policymaking and legal sleight of hand.

    Ray Li is a civil rights attorney focusing on education policy. He recently left the Department of Education’s Office for Civil Rights after serving as a career attorney from 2021 to 2025. In that role, he worked on more than a dozen policy documents for OCR, including guidance issued after the Supreme Court’s decision in SFFA. He also served as OCR’s lead staff attorney on appellate and Supreme Court litigation matters, including for the SFFA, Coalition for TJ and Boston Parent Coalition cases. Prior to joining OCR, he advised schools, colleges and universities on legal regulatory issues, including civil rights issues, at Hogan Lovells’ education practice.

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  • OCR’s new Title VI letter: FIRE’s analysis and recommendations

    OCR’s new Title VI letter: FIRE’s analysis and recommendations

    Last week, the Department of Education’s Office for Civil Rights published a “Dear Colleague Letter” describing educational institutions’ obligations under federal anti-discrimination law and explaining how OCR will interpret Title VI and other legal authorities.

    Since FIRE is, at its core, an organization dedicated to free expression, we reviewed OCR’s letter through that lens. In this blog entry, we offer recommendations to OCR to ensure that it does not unlawfully censor educational institutions or pressure them to censor their students and faculty, and we ask for additional clarification of the letter. We also offer recommendations to colleges and universities to prevent overreactions to the DCL and to ensure they continue to protect student and faculty free speech rights.

    Overview of Title VI and OCR’s ‘Dear Colleague’ Letter

    Title VI prohibits educational institutions receiving federal funding from discriminating against individuals on the basis of race, color, or national origin. In Students for Fair Admissions v. Harvard and Students for Fair Admissions v. UNC, the Supreme Court of the United States struck down racial preferences in college admissions for violating the Equal Protection Clause of the Fourteenth Amendment and Title VI of Civil Rights Act of 1964. In interpreting Title VI, the Equal Protection Clause, and the SSFA decision, OCR’s letter states:

    Although SFFA addressed admissions decisions, the Supreme Court’s holding applies more broadly. At its core, the test is simple: If an educational institution treats a person of one race differently than it treats another person because of that person’s race, the educational institution violates the law [ . . .] Put simply, educational institutions may neither separate or segregate students based on race, nor distribute benefits or burdens based on race.

    The letter also advises institutions to:

    1. Ensure that their policies and actions comply with existing civil rights law;
    2. Cease all efforts to circumvent prohibitions on the use of race by relying on proxies or other indirect means to accomplish such ends; and
    3. Cease all reliance on third-party contractors, clearinghouses, or aggregators that are being used by the institutions in an effort to circumvent prohibited uses of race. 

    The letter warns that “[i]nstitutions that fail to comply with federal civil rights law may, consistent with applicable law, face potential loss of federal funding.”

    Irrespective of whether one agrees or disagrees with race-conscious policies, OCR is likely within its authority to prohibit institutions from providing or denying benefits to individuals based on their race. But while FIRE has no institutional position on affirmative action programs, we routinely see government actors use anti-discrimination rationales to censor First Amendment-protected speech. 

    Recommendations for OCR

    FIRE has seen a number of states seek to rein in DEI-related administrative offices at their state educational institutions. We’ve told those legislatures repeatedly that, while they have significant authority to manage nonacademic bureaucracies at their public higher education institutions, they cannot restrict which ideas can be taught in the college classroom, including on topics related to “diversity, equity, and inclusion,” or related concepts. They also cannot restrict student organizations from forming around or advocating on behalf of DEI initiatives.

    OCR’s new Dear Colleague letter chides educational institutions for “routinely us[ing] race as a factor in admissions, financial aid, hiring, training, and other institutional programming.” [Emphasis added.] It states that over the past few years, schools have “toxically indoctrinated” students, asserting that institutions have been “smuggling racial stereotypes and explicit race-consciousness into everyday training, programming, and discipline.” [Emphasis added.]

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

    News

    West Virginia Gov. Patrick Morrisey issued an executive order to eliminate DEI practices in state agencies and organizations that receive state money.


    Read More

    While OCR is free to criticize colleges for overstepping the bounds of the law on  DEI-related issues over the past few years, it must be careful when turning that criticism into policy. When a regulatory agency with the authority to cut off all federal funding to institutions cites certain types of “programming” as evidence that institutions could be violating federal anti-discrimination law, it risks chilling speech on those topics. That is especially true when the term “programming” is left undefined in the letter. Private institutions also maintain broad First Amendment rights of their own, and threats to punish them for their own speech about DEI or affirmative action risks violating the free speech rights of those institutions. 

    To abate any confusion arising from the letter, OCR should provide additional guidance to describe in more detail the types of programming it thinks violates Title VI and other anti-discrimination laws. Does OCR seek to prohibit institutions from hosting outside speakers who espouse disfavored ideas about DEI? Does OCR seek to limit particular classwork or research at institutions? If so, it has strayed beyond the First Amendment’s boundary. 

    To avoid chilling protected speech, OCR should clarify the distinction between providing benefits or preferences to individuals based on race or other protected characteristics, and pure speech about DEI and affirmative action — and make clear that it is not banning the latter. OCR must also be careful about regulating institutional trainings at private institutions in ways that violate institutional free speech rights. 

    As FIRE has made clear many times over the course of several administrations, OCR is bound by the First Amendment and cannot order or compel colleges and universities to violate it. 

    Courts have struck down government attempts to regulate DEI-related trainings offered by private businesses. The U.S. Court of Appeals for the Eleventh Circuit, for example, upheld an injunction blocking Florida’s Stop WOKE Act insofar as it applied to private business trainings, writing that “by limiting its restrictions to a list of ideas designated as offensive, the Act targets speech based on its content. And by barring only speech that endorses any of those ideas, it penalizes certain viewpoints—the greatest First Amendment sin.” 

    FIRE hopes OCR will quickly provide institutions with additional clarity about the full scope of its Title VI interpretations. 

    FIRE is challenging other parts of the Stop WOKE Act that restrict classroom instruction in higher education on First Amendment grounds. After a federal district court issued a preliminary injunction preventing the state from enforcing those sections of the law, our case is now before the Eleventh Circuit.  

    To the extent OCR is concerned about the lawfulness of certain mandatory training programs, OCR could require state institutions to make public their training materials on DEI-related issues. FIRE’s Intellectual Freedom Protection Act, which prohibits public colleges from requiring mandatory DEI statements — or any other political litmus test — as a condition of hiring or promotion, contains a provision that could be a useful starting point: 

    Each public institution of higher education in the state shall post and make publicly available all training materials used for students, faculty, and staff, on all matters of nondiscrimination, diversity, equity, inclusion, race, ethnicity, sex, or bias, and all of its policies and guidance on those issues, on its website. 

    Such a requirement would provide both regulators and the public with a better idea of how institutions train its students about DEI-related topics. 

    Recommendations for institutions interpreting recent executive orders, memos, and letters

    If there is a conflict — real or perceived — between federal guidance and the First Amendment, the First Amendment prevails. For public institutions, this means they cannot violate faculty or student speech or associational rights regardless of federal agency guidance. For private institutions, this means federal guidance cannot unlawfully restrict the institution’s speech or pressure the institution to unlawfully suppress the speech or association of their faculty or students. 

    Campus administrators nationwide should not over-read this Dear Colleague Letter to justify censoring student or faculty expression. It would be wise to read it in conjunction with President Trump’s Jan. 21 Executive Order “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” the directive that likely led to this letter and that contains provisions expressly protecting free speech and academic freedom:

    (b)  This order does not prevent State or local governments, Federal contractors, or Federally-funded State and local educational agencies or institutions of higher education from engaging in First Amendment-protected speech.

    (c)  This order does not prohibit persons teaching at a Federally funded institution of higher education as part of a larger course of academic instruction from advocating for, endorsing, or promoting the unlawful employment or contracting practices prohibited by this order.

    Since the Justice Department has a role in enforcing Title VI alongside that of the Education Department’s OCR, institutions should also note Attorney General Bondi’s memo on “Ending Illegal DEI and DEIA Discrimination and Preferences.” Her memo expressly notes:

    This memorandum is intended to encompass programs, initiatives, or policies that discriminate, exclude, or divide individuals based on race or sex. It does not prohibit educational, cultural, or historical observances—such as Black History Month, International Holocaust Remembrance Day, or similar events—that celebrate diversity, recognize historical contributions, and promote awareness without engaging in exclusion or discrimination. 

    When read together in the context of these companion documents, the new DCL should provide no justification for institutions to believe they must censor students, student organizations, or faculty, or rush to cancel university-sponsored cultural events or celebrations. Moreover, doing so may well violate the First Amendment at public universities—and again, courts will always give precedence to constitutional guarantees over guidance and regulations. Colleges will, however, need to end any policy or programs that actively separate individuals or provide benefits based on race.

    Given the tight timeline for compliance, FIRE hopes OCR will quickly provide institutions with additional clarity about the full scope of its Title VI interpretations. In the meantime, we again remind colleges and universities to honor their constitutional duties or institutional promises to protect the freedom of expression and academic freedom of their students and faculty. 

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