College Leaders Respond to Federal Directive on Race and DEI

A new Dear Colleague Letter from the Department of Education’s Office for Civil Rights has cautioned federally funded colleges and universities that unlawful racial preferences in decision-making and programming may result in a loss of federal funding. The directive, issued on February 14, 2025, has left colleges reviewing their admissions, hiring, financial aid, retention and housing practices to determine necessary changes. Earlier this week, a federal court in Baltimore, Maryland issued a memorandum opinion and nationwide preliminary injunction, prohibiting the federal government’s enforcement of three provisions from two Executive Orders related to Diversity, Equity, and Inclusion programs and practices. It remains to be seen how the preliminary injunction will impact the Department of Education’s enforcement of the Dear Colleague Letter.

In The Chronicle of Higher Education’s coverage, Bricker Graydon attorneys Melissa Carleton and Rebecca Joseph provided guidance for institutions navigating this shift. Melissa advised college leaders to review campus programs carefully before making changes, while Rebecca highlighted the importance of assessing programs that could face scrutiny, such as affinity-based mentorships and race-conscious scholarships.

Bricker Graydon continues to support colleges in evaluating policies and ensuring compliance with evolving legal requirements. Read more from The Chronicle of Higher Education here.