IU did not respond to multiple requests for comment on how it will respond to the U.S. Department of Education Office for Civil Rights letter, sent to schools on Feb. 14, that demanded schools eliminate any race-based programming within two weeks.
It is the latest move in a series of actions aimed at dismantling diversity, equity and inclusion initiatives after just over a month into Donald Trump’s presidency, many of which have directly impacted IU. The ED order has other universities scrambling to comply.
“Discrimination on the basis of race, color, or national origin is illegal and morally reprehensible,” the opening of the letter read, written by Acting Assistant Secretary for Civil Rights Craig Trainor. “Accordingly, I write to clarify and reaffirm the nondiscrimination obligations of schools and other entities that receive federal financial assistance from the United States Department of Education.”
Similar to Indiana governor Mike Braun’s executive order, this letter backs a Supreme Court ruling in 2023 from Students for Fair Admissions, Inc. v. President and Fellows Harvard College. This case ruled that race-conscious admissions programs could not be based on stereotyped assumptions about minority applicants.
The ED letter alleges school DEI programs stigmatize students who belong to certain racial groups based on racial stereotypes and limit their full participation in school.
Additionally, it advises preschool, elementary, secondary, postsecondary educational institution and other state educational agencies to ensure their policies and actions comply with existing civil rights laws and cease all efforts on navigating around the use of race-based programming.
The four-page document concludes with a warning that institutions failing to comply with federal civil rights laws may face the loss of federal funding.
However, Steve Sanders, associate dean for academic affairs, explained that a letter sent addressed with “dear colleague” does not have any force of law.
“In this case the Department of Education sends it to people to signal what they think is necessary for something to be in compliance with the law,” Sanders said. “They’re not a binding law, but they could be backed up by some kind of regulation or executive order that could be binding.”
Sanders said that the consistent use of political slogans and “thinly reasoned arguments” stood out to him.
“This is an administration that thrives on confusion, and I think part of the goal is to use creation to instill fear,” Sanders said.
Administration at other universities, such as University of Michigan, have released public statements acknowledging the letter and understanding its contents while prioritizing the needs of the students, faculty and staff.
IU has not yet issued any official statement regarding whether the institution is among the many schools across the nation that received the letter. The university has remained vague in its responses on how the administration plans to move forward with recent DEI orders. That includes Senate Bill 289, a bill that could prohibit state agencies from promoting policies, procedures, training and other programming designed with reference to race, sex, color or ethnicity.
CORRECTION: This story was updated with the proper acronym for the Department of Education.
