Friday, Feb. 14, the U.S. Department of Education sent a letter to colleges and universities ordering the termination of all race-based programs in 14 days, intensifying the federal government’s attack on Diversity, Equity and Inclusion in higher education.
“Educational institutions have toxically indoctrinated students with the false premise that the United States is built upon ‘systemic and structural racism’ and advanced discriminatory policies and practices,” the letter said.
Craig Trainor, the department’s acting assistant secretary for civil rights, warned that institutions who fail to comply risk losing federal funding. His argument for DEI’s illegality rests on a widened interpretation of the 2023 U.S. Supreme Court case Students for Fair Admissions v. Harvard, which effectively banned affirmative action in admissions.
“Although SFFA addressed admissions decisions, the Supreme Court’s holding applies more broadly,” Trainor wrote. “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.”
The College has yet to formally respond to the Department of Education’s letter. The board of visitors, who make large-scale policy decisions for the College, concluded their quarterly meeting Friday, hours before the letter was published.
While state authority traditionally supersedes federal recommendations for higher education policy, the letter marks uncharted legal territory for enforcement of the policy. Higher education experts widely contest the validity of the Trump administration’s legal argument against DEI – but the College will be forced to respond quickly to preserve crucial federal funding.
