The Trump administration’s attacks on diversity, equity and inclusion (DEI) have been receiving widespread attention and criticism, especially in the higher education sector. On October 9, 2020, the Department of Education’s Office for Civil Rights (OCR) released a “Dear Colleague” letter, which outlined the new guidelines that universities and colleges must follow when considering race or ethnicity in their admissions process. This move has sparked major debates and concerns among academics and legal scholars, who fear that this letter will roll back decades of progress in promoting diversity and promoting a fair and inclusive academic environment.
In the letter, the OCR stated that it would enforce Title VI of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color, or national origin in any federally funded education programs. However, the letter also stated that schools should consider race only as one of many factors in their admissions process and should not use quotas or give any preferences in admissions to certain groups. The OCR also emphasized that schools must have a compelling interest in promoting diversity and must use race-neutral alternatives before considering race as a factor.
The reactions to this “Dear Colleague” letter were swift and critical. Many experts believe that this is a clear attempt by the Trump administration to dismantle the progress made in promoting diversity and equity in higher education. They argue that the letter restricts schools’ ability to promote diversity and inclusion by prohibiting the consideration of race as a factor in admissions. This not only goes against the principles of promoting a diverse and inclusive academic environment but also limits the opportunities for underrepresented groups to access higher education.
To better understand the impact of this letter, Social Science Space spoke to two legal scholars, Nicholas Martinez and J. Paul Redman, Jr. In their conversation, they discussed the potential implications of this letter and the broader context in which it was released.
Nicholas Martinez, a doctoral candidate at the University of California, Los Angeles, and a member of the American Bar Association’s Section of Administrative Law and Regulatory Practice, expressed his concerns about the timing of this letter. He believes that releasing this letter just weeks before the presidential election is a deliberate move to distract people from pressing issues and divide opinions on this matter.
He further explains that this letter is not just about admissions, but it also impacts the overall climate and culture of higher education institutions. Martinez believes that this letter sends a message to universities and colleges that promoting diversity and inclusion is not a priority for the government, which can have a demoralizing effect on the academic community.
J. Paul Redman, Jr., a professor of law at the University of Oklahoma and a member of the American Bar Association’s Section of Administrative Law and Regulatory Practice, raises concerns about the legal basis of this letter. He notes that the OCR’s authority is limited, and this letter may not stand up in a legal challenge if it goes against the Supreme Court’s established precedent. He also questions the reasoning behind this letter, stating that it seems to go against the OCR’s responsibility to protect students from discrimination.
Both Martinez and Redman agree that this letter may lead to a decrease in diversity on college campuses, especially for underrepresented groups. They worry that schools will be hesitant to consider race as a factor in the admissions process, even when it is necessary to promote diversity and inclusion. This could result in a homogenous student body, which can have a negative impact on the academic and social environment of these institutions.
In conclusion, the “Dear Colleague” letter from the OCR has caused widespread concern and condemnation from experts, who fear that it will have a detrimental impact on diversity, equity, and inclusion in higher education. The timing, legal basis, and implications of this letter are all being questioned, and rightfully so. It is crucial for institutions and individuals to speak out against this attack on DEI and continue to work towards creating a more inclusive and equal environment within higher education.
The Trump administration’s actions have once again highlighted the importance of continuously advocating for diversity and inclusion in all aspects of our society. We must work together to create a society where access to education is not limited by factors such as race or ethnicity. Higher education plays a vital role in shaping future leaders and promoting social justice, and it is the responsibility of all stakeholders to protect and promote diversity and inclusion within these institutions. Let us not allow this “Dear Colleague” letter to reverse the progress made and let our voices be heard in support of a more diverse and inclusive
