Tag: precedent

  • ‘A dangerous precedent’: Critics slam Columbia’s agreement with Trump administration

    ‘A dangerous precedent’: Critics slam Columbia’s agreement with Trump administration

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    Federal officials hope their agreement with Columbia University will be a “template for other universities around the country,” U.S. Education Secretary Linda McMahon said Thursday. 

    Her remarks, made in a NewsNation interview, come as some critics publicly worry that the deal will spur the Trump administration to put financial pressure on other universities. Columbia law professor David Pozen, for instance, wrote in a blog post Wednesday that “the agreement gives legal form to an extortion scheme.”

    Despite praise for the deal from some corners of the university, critics have also accused Columbia of capitulating to the Trump administration’s attacks on higher education.

    The Trump administration has withheld federal funding from a long list of colleges, often claiming they are not doing enough to address antisemitism or otherwise violating civil rights laws. Columbia became the face of those battles in March, when the Trump administration canceled $400 million of the New York institution’s federal grants and contracts. 

    Under the deal reached Wednesday, Columbia agreed to a litany of policy changes and concessions, including paying the federal government $221 million, to settle civil rights investigations and to have the “vast majority” of $400 million in federal grant funding reinstated, according to the university’s announcement.

    Along with having most of the money reinstated, “Columbia’s access to billions of dollars in current and future grants will be restored,” the university said in Wednesday’s announcement. 

    The deal ends the Trump administration’s probes into whether Columbia had failed to protect Jewish students from harassment and the Equal Employment Opportunity Commission’s similar investigation into its treatment of employees. 

    The 22-page agreement is wide-ranging. Columbia agreed to provide the federal government with admissions data on both its accepted and rejected applicants, craft training “to socialize all students to campus norms and values,” and have an independent monitor oversee its compliance with the deal. It also said it would establish processes to ensure students are committed to “civil discourse, free inquiry, open debate, and the fundamental values of equality and respect.”

    Additionally, the university said it would decrease its financial dependence on international students — who make up roughly 40% of enrollment — and ask foreign applicants for their reasons “for wishing to study in the United States.” 

    And Columbia will codify measures it announced in March, which include banning masks meant to conceal one’s identity and having a senior vice provost review programming focusing on the Middle East, including the university’s Center for Palestine Studies; Institute for Israel and Jewish Studies; and Middle Eastern, South Asian, and African Studies. 

    That leader, Miguel Urquiola, will review those and other programs — including their leadership and curriculum — to ensure they are “comprehensive and balanced,” according to the agreement. 

    Columbia also agreed to appoint an administrator to serve as a student liaison to address concerns about antisemitism. That administrator will make recommendations to top officials about how the university can support Jewish students. 

    ‘A dangerous precedent’

    Claire Shipman, Columbia’s acting president, suggested the deal doesn’t undermine the university’s autonomy. “It safeguards our independence, a critical condition for academic excellence and scholarly exploration, work that is vital to the public interest,” she said in a Wednesday statement

    Indeed, the agreement says it does not give the federal government control over the university’s employee hiring, admission decisions or academic speech. 

    However, critics have swiftly and vociferously denounced the deal, arguing that the university has yielded to an authoritarian administration and harmed the higher education sector at large.

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  • The Precedent Higher Ed Can’t Afford to Set (opinion)

    The Precedent Higher Ed Can’t Afford to Set (opinion)

    American higher education stands at a critical juncture following the emergence of reports that the Department of Justice is seeking a consent decree with Columbia University. While Columbia’s acting president responded by stating, “We would reject any agreement that would require us to relinquish our independence and autonomy as an educational institution,” the very possibility of such a decree signals a new chapter in the relationship between colleges and universities and the federal government. Even the proposition of a consent decree sets a dangerous precedent for American higher education, one that erodes institutional autonomy and the independence of governing boards.

    At a time when our colleges and universities are navigating political crosswinds, social unrest and increasing scrutiny, the integrity of board governance has never mattered more. Independent governing boards are not symbolic structures—they are foundational to higher education’s ability to serve the public good, safeguard academic freedom and maintain mission-centered leadership through both crisis and calm.

    The concern is not whether institutions should comply with the law. Of course they should. The question is whether legal settlements or government actions should be allowed to intrude on the role of boards, setting terms that weaken governance authority or sideline trustees from their fiduciary duties.

    What should trustees at other colleges and universities do if faced with similar pressure to agree—without legal adjudication—to external controls that appear to compromise governance independence?

    First, they must reaffirm their fiduciary duties—not just as a formality, but as a framework for bold, mission-driven leadership. Boards must remain grounded in their legal and ethical obligations: duty of care, duty of loyalty and duty of obedience to the institution’s mission. In the face of political pressure, these aren’t abstract ideals—they are anchors.

    Second, boards must seek independent legal and governance counsel early in any negotiation process. The interests of compliance and governance are not always aligned. Trustees must understand the distinction between politics, policies and law and be prepared to assert their responsibilities.

    Third, if presented with a consent decree or settlement that overreaches, trustees should insist on clear, limited and transparent terms—not vague provisions that allow for creeping oversight or ambiguous veto powers. A board that relinquishes its authority may be trying to protect its institution in the moment, but in doing so it places the long-term health of not only its own institution but the entire educational sector at risk.

    Finally, boards must speak—together. We need a collective stance among governing boards, higher education associations and institutional leaders that reasserts the value of independent governance in a democratic society. The erosion of board autonomy doesn’t just threaten governance structures—it jeopardizes the trust, freedom, credibility and sustainability of our institutions.

    This is a defining moment. If we allow undue influences—whether government agencies, political appointees, donors, alumni or others—to dictate the terms of campus governance, we risk undoing the foundation of American higher education. Trustees must act independently—with clarity, courage and an unwavering commitment to their institutions’ missions and values.

    The future of higher education depends on it.

    Ross Mugler is the board chair and acting president and CEO of the Association of Governing Boards of Universities and Colleges.

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  • Columbia caves to feds — and sets a dangerous precedent

    Columbia caves to feds — and sets a dangerous precedent

    Today Columbia University announced policies to address government demands after the Department of Health and Human Services, the Department of Education, and the U.S. General Services Administration canceled $400 million in federal grants and contracts, alleging an anti-Semitic hostile environment at the school. The following statement can be attributed to FIRE Lead Counsel Tyler Coward.


    The federal government abandoned its existing process to brow-beat Columbia — and Columbia folded. 

    Higher education reform shouldn’t resemble a shakedown. Colleges and universities shouldn’t be bullied into accepting speech-restrictive demands because the government dangles a $400 million check over an institution’s head. Any changes made as a result of this flawed process are inherently suspect.

    FIRE is looking into the steps Columbia pledged to take in response to government demands, and their implications for free speech and academic freedom. But one stands out instantly: Columbia crafted its own definition of anti-Semitism that is vague and sweeping enough that it will imperil speech otherwise protected by the First Amendment. 

    The federal government shouldn’t pressure any college, private or public, to censor speech critical of any country. 

    Shaking under government pressure, Columbia crumbled. If Columbia — with its immense resources and influence — can’t stand up to government demands that threaten free speech, what are other colleges to do?

    Behavior that gets rewarded gets repeated. Free speech and academic freedom are worth fighting for. FIRE will stand with any institution willing to stand up for itself. 

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