Georgia Southern officials are responding after the Department of Education’s Office for Civil Rights demanded that the university, along with educational institutions across the nation, remove diversity initiatives by Feb. 28 (this Friday) or risk losing federal funding.
Georgia Southern leaders received the “Dear Colleague” letter on Feb. 14. The letter claims that diversity, equity and inclusion (DEI) “frequently preference certain racial groups and teach students that certain racial groups bear unique moral burdens that others do not” and using race as a factor in rewarding any educational opportunity, including college admission, scholarships, financial aid and other various academic prospects “violates the law”.
The letter did not specifically state what DEI includes or what programs may be affected under this order, however.
The letter instructs all educational institutions to, “(1) ensure that their policies and actions comply with existing civil rights law; (2) cease all efforts to circumvent prohibitions on the use of race by relying on proxies or other indirect means to accomplish such ends; and (3) cease all reliance on third-party contractors, clearinghouses, or aggregators that are being used by institutions in an effort to circumvent prohibited uses of race. Institutions that fail to comply with federal civil rights law may, consistent with applicable law, face potential loss of federal funding.”
The letter references a 2023 Supreme Court ruling, Students for Fair Admissions v. Harvard, as their legal backing for eliminating DEI programs. This ruling declared that racial preference may not be a factor in college admission decisions, but did not specifically eliminate or challenge DEI programs as a whole.
Jennifer Wise, Director of University Communications, responded to our request for comment following our initial report, saying, “We are aware of the Dear Colleague Letter referencing the Harvard admissions court case and are staying abreast of guidance that will provide additional clarity on implementing the directives contained in it. As a public institution, we are already obligated to ensure compliance with all laws and University System of Georgia policies prohibiting unlawful discrimination based on race, color, national origin, and other protected classes. We believe that our adherence to existing laws and USG policies aligns with the expectations set forth in the Dear Colleague Letter. We remain committed to evaluating any additional guidance that may be issued and will take appropriate measures to ensure continued compliance.”
According to the Georgia Southern website, the university receives federal funding for research and grants. Federal funding also aids students directly via financial aid, federal loans and federal work student study.
On Friday, Feb. 21, US District Judge Adam Abelson temporarily blocked the Trump administration from carrying out certain directives of the president to crack down on diversity, equity and inclusion – or DEI – programs. Specifically, Judge Abelson’s decision temporarily prevents the administration from canceling or altering federal contracts related to diversity, equity, and inclusion programs, determining that the orders likely violate the Constitution, including free speech protections, according to CNN.
The decision comes after a lawsuit, filed by the city of Baltimore, two education associations, and a restaurant association, was filed earlier this month. It argues that the Administration’s demands not only violate free speech rights but also interfere with Congress’ authority over government spending, according to the Associated Press.
In his decision, Abelson concluded that the administration’s demands are likely unconstitutional and ruled that his injunction should apply nationwide.
It is still unclear how the “Dear Colleague” letter will affect Georgia Southern or other education systems across the country. We will continue to provide updates as we learn more.
