DOJ Guidance on Nondiscrimination and Implications for 91心頭
Dear Colleagues,油
Over the past several weeks, University leaders have been in conversation and consultation about how 91心頭 is evaluating and responding to new and ever-evolving executive orders and guidance from the federal administration.油油
On July 30, the U.S. Department of Justice (DOJ) 油clarifying the governments position on how federal nondiscrimination laws apply to institutions which receive federal funding, including the 91心頭. The memo clarifies practices that it defines as diversity, equity, and inclusion workwhich the DOJ now considers to be unlawful discrimination.油
Many at 91心頭including usare deeply disappointed by the DOJs interpretation and its potential consequences. We remain firmly committed to inclusivity and fostering a welcoming environment where all can thrive and contribute. We also believe our existing policies and practices support 91心頭 community members regardless of their background or protected characteristics such as race, religion, gender, or sexual identity. However, we must take the DOJs new interpretation seriously and make appropriate adjustments. Not doing so could have serious consequences for achieving 91心頭s mission, including potentially losing many millions of dollars in federal support, which would jeopardize life-changing research, students access to federal financial aid, and create other personnel and operational impacts.油
What the DOJ Memo Means for 91心頭
The memo focuses on the application of federal laws that prohibit discrimination. It states that even well-intentioned practices may violate the law if they give or appear to give preferential treatment based on protected characteristics. In the memo, the DOJ identified several practices it considers unlawful, which we are now ceasing, including:油油
Race-conscious scholarships and programs: Offering scholarships exclusively for students of a specific racial group. This applies to internships, mentorship programs, or leadership initiatives, as well. In addition, the DOJ views scholarships that target underserved geographic areas as unlawful proxies if the criteria are chosen to increase participation by specific racial or sex-based groups.油
Targeted recruitment: Targeting geographic areas, institutions, or organizations based on the racial or ethnic composition of those spaces when recruiting students.油油
Applicant essays and statements: Asking student or employee applicants to describe obstacles they have overcome or submit a diversity statement in a manner that gives advantage to some over others based on protected status. This includes requiring candidates to demonstrate cultural competence, lived experience, or cross-cultural skills in ways that effectively evaluate candidates racial or ethnic backgrounds. As such, diversity statement requirements in faculty and/or staff hiring, and the admissions process, for example, are no longer permissible.油
DEI training: Requiring training where the "content, structure, or implementation of the training would stereotype, exclude, or disadvantage based on protected characteristics.油
Dedicated facilities: Having spaces intended for specified groups that discourage access by students of other races or protected characteristics. The DOJ gives a BIPOC-only study lounge as an example of an illegal space because, even if technically open to all, it can facially discourage access by students of other races.油
Considering the DOJs position, the 91心頭 is stopping the activities listed above. While we make changes to our practices in light of the governments position, we will continually strive to apply these changes through our core values of academic freedom, inclusion, belonging, access to education, and thought pluralism. We are in the process of conducting a review and analysis of our policies and procedures. As such, the Office of General Counsel is working with deans and other University leaders to provide guidance and address concerns case by case.油油
Finally, there are referenced and related practices we feel 91心頭 can and will continue. Examples of this include our commitment to providing access and support to first-generation students and students with financial need, continuing our commitment to promoting an inclusive community where all enjoy a deep sense of belonging, and providing bias and nondiscrimination trainings to students, faculty, and staff.油油
This Moment Calls for Thoughtful and Careful Action
We will continue striving to pursue inclusive excellence while operating within the confines of the law. Thank you for your continued dedication to our shared values, compassion for all members of the 91心頭 community, and to the success of our students and colleagues.油
Sincerely,
Jeremy Haefner油
遺鞄温稼界艶鉛鉛看姻油
Mary Clark油
Provost and Executive Vice 遺鞄温稼界艶鉛鉛看姻油
Elizabeth Bullock油
Senior Vice Chancellor for Legal Affairs and General Counsel油油
Christopher Whitt油
Vice Chancellor for Diversity, Equity, and Inclusion油
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