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 Equal Protection Clause of the US Constitution, which prohibit race-based discrimination.1 The Letter interprets the Supreme Court's 2023 decision in Students for Fair Admissions v. Harvard (SFFA) as applying broadly to a wide range of campus programs beyond admissions, reversing the position of the Biden Administration in prior guidance.2 This broad interpretation of SFFA is a preview of what we can expect from the guidance "regarding the measures and practices required to comply with [SFFA]," which the Attorney General and Secretary of Education have been directed to issue by May 21, 2025.3 In this client alert, part of Jenner & Block's "First 100 Days" series, we unpack what the Letter means and provide recommended next steps for colleges and universities.
In its first month, the Trump administration has prioritized actions to roll back diversity, equity, and inclusion (DEI) initiatives. The Letter is the first colleges and universities have specifically heard from the Department of Education regarding how it intends to interpret SFFA in a way that facilitates this policy priority. The Letter particularly singles out "DEI programs" as violating this new, broad interpretation of SFFA on the grounds that they "frequently preference certain racial groups" and further "stigmatize students who belong to particular racial groups based on crude racial stereotypes," thus "deny[ing] students the ability to participate fully" in campus life.4 These arguments illustrate the ways in which the Trump Administration plans to utilize SFFA. OCR summarizes its interpretation by stating, "[p]ut simply, educational institutions may neither separate nor segregate students based on race, nor distribute benefits or burdens based on race."5 The Letter "provides notice" to institutions of its broad interpretation of SFFA, which it will rely on when assessing compliance and initiating enforcement actions against institutions.6 It informs institutions that it "intends to take appropriate measures . . . based on the understanding embodied in this letter beginning no later than 14 days" from the date the Letter was issued, i.e., February 28, 2025.7
Key Takeaways
The Letter could have far-reaching consequences for colleges and universities:
Expanding what constitutes discrimination under SFFA. The Letter characterizes SFFA as holding that different treatment automatically constitutes unlawful discrimination, even if no one is treated worse or disadvantaged on the basis of race.8 The Supreme Court has not yet adopted that definition of discrimination. In doing so, the Letter suggests OCR will apply SFFA's holding to any consideration of race in any college or university programming or initiative.
Extending reach of SFFA beyond admissions. The Letter interprets SFFA's holding as reaching far...
