News & Analysis as of

Race Discrimination Universities Civil Rights Act

Foster Swift Collins & Smith

DEIA Executive Orders and the Consequences for Educational Institutions

On January 21, 2025, President Trump issued Executive Order 14173: Ending Illegal Discrimination and Restoring Merit-Based Opportunities (“EO 14173”). EO 14173 aims to eliminate Diversity, Equity, and Inclusion (“DEI”) and...more

Davis Wright Tremaine LLP

New Administration Outlook: Trump's DOE Letters and Colleges' First Amendment Defenses Against Pretextual Title VI Threats

Anti-discrimination statutes protect against "deliberate indifference" to conditions establishing a hostile environment of antisemitic violence and harassment. But those statutes cannot be used to censor legitimate speech...more

Fisher Phillips

Will My School Face Investigation? Feds Announce Race-Based Investigations Into 52 Higher Education Institutions

Fisher Phillips on

A federal civil rights agency just announced that it will be investigating more than 50 higher ed institutions to determine whether they violated federal law by making race-based decisions in their graduate and scholarship...more

Cooley LLP

Shifting Guidance and Widespread University Investigations – The Trump Administration’s Aggressive First Moves Enforcing Title VI...

Cooley LLP on

The US Department of Education (ED) recently announced two separate groups of enforcement investigations to assess university compliance with civil rights obligations. The first, announced on March 10, includes 60 colleges...more

Dorsey & Whitney LLP

U.S. Department of Education Announces Investigations Demonstrating Continued Scrutiny of DEI-Related Title VI Issues

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Last week, the U.S. Department of Education’s Office for Civil Rights (the “Department”) announced that it has initiated two sets of investigations against dozens of universities for alleged violations of Title VI....more

Dorsey & Whitney LLP

U.S. Department of Education’s Guidance Clarifies Discriminatory Activities Subject to Investigation and Funding Consequences

Dorsey & Whitney LLP on

Following its February 14, 2025, “Dear Colleague Letter,”outlining DEI programs that could result in a loss of federal funding by February 28, 2025, the U.S. Department of Education, Office of Civil Rights (the “Department”)...more

Quarles & Brady LLP

Office for Civil Rights Issues “Dear Colleague” Letter Aimed At Curbing Race-Based Decisions and Benefits At Federally Funded...

Quarles & Brady LLP on

On Friday, February 14, 2025, the U.S. Department of Education’s Office for Civil Rights (“OCR”) issued a “Dear Colleague” letter advising federally funded schools that it considers any decisions or benefits based on race,...more

Fisher Phillips

Education Department Kicks Off New Era of Title VI Discrimination Enforcement: What Your School Must Know + 5 Steps to Take Now

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Starting today, the U.S. Department of Education will crack down on “overt and covert racial discrimination” in educational institutions receiving federal funding, according to a February 14 “Dear Colleague” letter issued by...more

Troutman Pepper Locke

OCR’s Directive on Race-Conscious Policies in Higher Education

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On February 14, the U.S. Department of Education Office for Civil Rights (DOE) issued a Dear Colleague Letter (DCL), which calls for educational institutions to immediately cease race-conscious practices in student...more

Morgan Lewis

US Department of Education Issues Sweeping Guidance on Race-Conscious Practices By Academic Institutions

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The US Department of Education’s (the Department’s) Office for Civil Rights issued a sweeping “Dear Colleague” letter on February 14, 2025 outlining a new zero-tolerance policy for the consideration of race in any regard by...more

Husch Blackwell LLP

U.S. Department of Education Releases Dear Colleague Letter Addressing the Use of Race in Education, Announces Enforcement...

Husch Blackwell LLP on

On February 14, 2025, the U.S. Department of Education released a Dear Colleague Letter (DCL) concerning discrimination based on race, color, and national origin in K-12 and higher education. The DCL articulates the...more

Jenner & Block

Client Alert: US Department of Education Issues Dear Colleague Letter Interpreting Students for Fair Admissions: What Colleges and...

Jenner & Block on

On February 14, 2025, the US Department of Education’s Office for Civil Rights (OCR) issued a Dear Colleague Letter about legal obligations for educational institutions under Title VI of the Civil Rights Act of 1964 and the...more

Woods Rogers

Dear Colleague: Watch Out

Woods Rogers on

In a tersely worded “Dear Colleague” letter dated February 14, 2025 (pdf), the U.S. Department of Education’s Office of Civil Rights (OCR) signaled its intent to combat “pervasive and repugnant race-based preferences and...more

Foley Hoag LLP - White Collar Law &...

Higher Education in 2025: Focal Points for Compliance and Investigations

This is the third in our 2025 Year in Preview series examining important trends in white collar law and investigations in the coming year. We will be posting further installments in the series throughout the next several...more

Littler

Higher Ed DEI Practices to Be Reviewed Under President’s New Executive Order

Littler on

President Trump issued an executive order on January 21, 2025 that, among other things, revokes Executive Order 11246, ending the long-standing practice of requiring federal government contractors to take and report on...more

Bowditch & Dewey

District of Mass. Rules on Title VI Antisemitism Case

Bowditch & Dewey on

On July 30, a Massachusetts federal judge ruled that the Massachusetts Institute of Technology (MIT) was not deliberately indifferent to antisemitism on its campus, and provided some guidance as to how courts may interpret...more

Fisher Phillips

6 Steps for Private and Independent Schools in the Wake of the SCOTUS Affirmative Action Ruling

Fisher Phillips on

Seeing the barrage of lawsuits following the United States Supreme Court’s recent decision regarding the use of race in admissions in higher education has left many in K-12 independent and private schools scratching their...more

Fisher Phillips

Department of Education Provides DEI Guidance After SCOTUS Affirmative Action Ruling: 4 Things Colleges and Universities Need to...

Fisher Phillips on

Colleges and universities can still take steps to foster diverse and inclusive campuses — even after the Supreme Court’s decision severely limiting race-conscious admissions in education, according to the latest guidance from...more

Patterson Belknap Webb & Tyler LLP

Biden Administration Provides Guidance to Colleges and Universities Following SFFA

On August 14, 2023, the Biden Administration's Civil Rights Division of the U.S. Department of Justice ("DOJ") and the Office for Civil Rights of the U.S. Department of Education ("DOE") jointly issued two pieces of guidance...more

Venable LLP

Are Legacy and Donor Admissions Soon to Become a Part of the Past? The Department of Education Strikes Back Following SCOTUS...

Venable LLP on

On July 24, 2023, less than a month after the Supreme Court's landmark decision striking down affirmative action practices in college admissions, the U.S. Department of Education, Office for Civil Rights (OCR) has launched an...more

Alston & Bird

Sea Change: Diversity, Equity, and Inclusion in Higher Education After Supreme Court Strikes Down Affirmative Action

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The Supreme Court’s decision to strike down affirmative action will spur more challenges to educational institutions’ policies beyond admissions. Our Education Team discusses race conscious admissions prior to the Court’s...more

Parker Poe Adams & Bernstein LLP

Now What? Practical Tips for Colleges After U.S. Supreme Court's Affirmative Action Ruling

College and university admissions will now be more subjective, complex, and — as a result — expensive for many schools. Those are a few takeaways from the U.S. Supreme Court’s ruling on June 29 effectively ending affirmative...more

Venable LLP

The Future of Race in Higher Education Admissions

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On June 29, 2023, in a 6-3 decision along ideological lines, the Supreme Court drastically altered college admissions by ruling that affirmative action admissions practices violated the Equal Protection Clause of the...more

Lathrop GPM

Supreme Court Restricts Use of Race in College Admissions; Decision Could Impact Employers as Well

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On June 29, 2023, the United States Supreme Court issued a landmark ruling sharply restricting the use of race in college admissions. The Court’s decision immediately reshaped the landscape of student affirmative action...more

Skadden, Arps, Slate, Meagher & Flom LLP

Potential Private Sector Implications of the Supreme Court's Affirmative Action Ruling

The U.S. Supreme Court’s landmark decision in the cases Students for Fair Admissions, Inc. v. President and Fellows of Harvard College and Students for Fair Admissions, Inc. v. University of North Carolina upended prior...more

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