West Virginia State University has been tasked with reviewing its programs and practices after the state’s governor issued an executive order against diversity, equity and inclusion. While other public institutions in the state have to do the same, West Virginia State University is in a somewhat unique position: It’s a public, historically Black institution with a predominantly white student body. The university serves all, but diversity and inclusion are part of its founding mission.
Higher ed experts say that while few public HBCUs are openly discussing the issue, West Virginia State isn’t the only such institution that’s undergoing this kind of review process as DEI bans proliferate. Some argue that subjecting HBCUs to these reviews is counterintuitive in light of their historic mission, raising questions about how such institutions will fare in the current state and federal policy landscape.
West Virginia State launched its review after Governor Patrick Morrisey last month banned state institutions from using “state funds, property, or resources” to “grant or support DEI staff positions, procedures or programs.” He also prohibited mandating DEI statements or any training or programming that “promotes or encourages the granting of preferences based on one person’s particular race, color, sex, ethnicity, or national origin.” The Foundation for Individual Rights and Expression, an advocacy organization for free speech rights, castigated the executive order as overly broad and warned it could limit what’s taught in West Virginia classrooms.
The executive order also required “all cabinet secretaries and department heads under the authority of the Governor” to complete a report within 30 days, identifying any positions, procedures or programs based in “theories of DEI.”
In response, West Virginia State University, along with other public universities in the state, submitted a letter outlining diversity-related positions, programs and activities, said Ericke Cage, the university’s president.
“If there are concerns raised by the governor’s office … then we need to work to negotiate possible resolutions,” Cage said, though he expects it won’t come to that.
In the letter, the university’s general counsel, Alice R. Faucett, argued that a comprehensive review found no evidence the university engages in or supports “preferential treatment” based on DEI principles.
At the same time, the response readily acknowledged the university’s history and mission as an HBCU.
“All procedural practices and programs at WVSU are designed to foster an inclusive and equitable environment,” Faucett wrote. They also “promote fairness and equal access while ensuring no group receives preferential treatment. The University remains dedicated to serving all members of the community, particularly those who have been historically marginalized, as part of its longstanding mission.”
The letter highlighted some practices and policies that reflect the university’s “commitment to diversity, inclusion and compliance with state directives.” They included annual Title IX trainings, services for sexual assault survivors, campus presentations on human rights law and email messages recognizing Black History Month, Martin Luther King Jr. Day, Women’s History Month and other observances.
Faucett’s response also noted that the university receives some federal grants and privately funded scholarships with “DEI components,” without offering further detail.
Felecia Commodore, an associate professor of higher education at the University of Illinois at Urbana-Champaign, said other public universities have taken a similar approach to DEI bans, arguing to state lawmakers that “there’s nothing to reorganize, because we’re not doing what you’re saying.”
‘Baked Into Who We Are’
Though such DEI reviews might seem fraught for an HBCU, Cage believes the university is likely to come out unscathed—and it may even fare better under the governor’s scrutiny than its non-HBCU counterparts. He noted that West Virginia State doesn’t have a DEI office or specific DEI personnel, a detail also highlighted in the university’s response document.
“When it comes to diversity and inclusiveness, that’s really baked into who we are as an institution as part of our DNA,” Cage said. “At our very core, we are all about being a highly inclusive institution where any student, regardless of their background, can come and get a good-quality education.”
He also emphasized that WVSU’s student population is majority white. University data from fall 2024 shows white students made up about 72 percent of the roughly 3,200 enrollees, while Black students composed about 10 percent, making it hard to argue the HBCU favors one racial group over another. Nationwide, non-Black students made up 24 percent of enrollment at HBCUs in 2020, compared to 15 percent in 1976, a trend that’s sparked discussion within some of these institutions about how to preserve HBCUs’ legacy while attracting and serving an increasingly broad range of students.
Commodore pointed out that, in fact, “HBCUs were some of the only institutions that never had race-based admissions.” HBCUs were founded after the abolition of slavery to educate Black Americans at a time when such students weren’t welcome at other higher education institutions.
For a while, non-Black students “chose not to go to them, but [HBCUs] have been inclusive since their inception,” she said. “If the aim of these reviews of DEI is to ensure that institutions are not discriminating because of race or gender or sex, to ensure that people are not being prioritized or excluded … actually, HBCUs were the model for that.”
Given that history, Cage theorized HBCUs may not be heavily affected by DEI bans for the same reasons he’s hopeful for his own institution: Diversity and inclusion are intrinsic to how these institutions operate, not housed in a particular office or center. At the same time, they serve all students. Non-HBCUs, on the other hand, have made changes over the years, building up supports and services for students of color, which are now at risk.
For “predominantly white institutions [that] have not traditionally or historically had that focus on inclusivity, I think it will be a challenge,” Cage said. “It is important for institutions to be welcoming, to provide support systems for diverse students,” and DEI programs were intended to make sure students from underrepresented backgrounds “felt that they were part of the university community.”
Some non-HBCUs in the state are scrambling to make changes to comply with the executive order. The state flagship, West Virginia University, just a few hours away from WVSU, reported in late January that it would shut down its Division of Diversity, Equity and Inclusion in response to the executive order, a move the governor celebrated as a “win.”
“This is just the beginning of our effort to root out DEI,” Morrisey said in a video announcement about the division’s demise. “That’s going to happen more and more in the weeks and months ahead.”
Concerns Remain
Shaun Harper, University Professor and Provost Professor of Education, Business and Public Policy at the University of Southern California and an opinion contributor to Inside Higher Ed, said it’s become “incredibly pervasive” for public HBCUs to have to conduct reviews of their DEI work as state-level DEI bans spread—even if many HBCU leaders aren’t discussing the issue publicly.
And such reviews are extra burdensome for HBCUs, he argued.
“If a predominantly white institution gets that same request, it’s likely a lot easier for them to list their culture centers, their Office of Multicultural Affairs, perhaps the office of the chief diversity officer,” said Harper, who also serves as USC’s Clifford and Betty Allen Chair in Urban Leadership. For HBCUs, it’s “impossible, in fact, to catalog everything that would otherwise qualify in any other context as DEI” because most have majority-Black student populations and gear their programming and services toward their student bodies.
“It’s really onerous for presidents and their cabinet members and others on their campuses to even attempt to complete this exercise,” Harper added. “It requires enormous sums of their time.”
Harper doesn’t believe state lawmakers are gunning for HBCUs with anti-DEI bans; it’s more likely they thought very little about how hard it would be for them to list their diversity efforts, he said. Nonetheless, the bans make some public HBCU leaders fear for their state funding if they don’t comply, or if their DEI reviews fail to appease state lawmakers when many don’t have funding to spare.
Paulette Granberry Russell, president of the National Association of Diversity Officers in Higher Education, said part of the challenge with many DEI bans is their “vagueness” and the “chaos” that can create for higher ed institutions.
The wording of some laws and executive orders calls into question, what can an HBCU do “to acknowledge, teach, celebrate, promote, its roots?” she said. “Is celebrating a national holiday”—like Martin Luther King Jr. Day—“is that acceptable?”
Cage said he hasn’t ruled out that some of WVSU’s programs could be at risk—including federal grants with DEI components or privately funded scholarships for students from certain racial backgrounds or geographic areas—as a result either of the governor’s executive order or President Donald Trump’s efforts to root out federal funding for DEI.
“If those privately funded scholarships are put in jeopardy, or if federal grants are eliminated, there will be a direct impact on our ability to support our students or to advance research and innovation on our campus,” he said. “Our students come to us with a thirst for knowledge, but they also come to us with not a lot of financial resources. I can’t tell you where we would come up with the resources to fill that gap.”
While the university is reviewing its academic programs as well, Cage said any changes to curricula or academic programming would fly in the face of the university’s accreditation standards, which require a commitment to academic freedom.
“When it comes to academic freedom and integrity, those are things that we really need to hold the line on,” he said.
