GovState Response to ‘Dear Colleague Letter’

Dear Colleague Letters are a mechanism the Dept of Ed uses from time to time to provide guidance on how it construes existing laws and regulations. They do not set forth new law and they are not legally binding.

The DCL being discussed here addresses the use of DEI in education, including in higher education. It sets forth the Dept of Ed’s views on existing law, including the Equal Protection Clause of the U.S. Constitution and Title VI of the Civil Rights Act, as it relates to DEI. It does not create new law. Put simply, the Dept of Ed stated: “If an educational institution treats a person of one race differently than it treats another person because of that person’s race, the educational institution violates the law.” The DCL also conveyed the Dept of Ed’s enforcement agenda to “vigorously enforce” these laws. The DCL encourages all institutions to take the following steps:

• (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.

The administration has no knowledge of the Dept of Ed sending the DCL to GovState directly. The administration learned of the DCL through news sources.

Yes, the Dept of Ed provided additional guidance on DEI when it published its March 1, 2025 Frequently Asked Questions. All faculty and staff are encouraged to read the Dept of Ed’s FAQs on this topic. If any colleague has a question about the FAQs, or the University’s legal obligations, they are encouraged to consult with the University’s General Counsel, Therese King Nohos.

The Illinois Attorney General has joined several other state attorneys general in issuing guidance on DEI in the wake of the DCL, which you are encouraged to read.

Importantly, the Illinois Attorney General has confirmed that DEI practices are not illegal. Importantly, the guidance states:

• On the contrary, practices and programming that lawfully promote diversity, equity, inclusion, and accessibility confer important educational and social benefits for students. They foster learning environments that provide all students an equal opportunity to learn and better prepare students to work in our diverse country and participate in our multiracial democracy. They are essential to promoting fair treatment and eliminating stigmatization. The SFFA decision has no bearing on these lawful DEI programs, and the February 14 Dear Colleague letter cannot and does not prohibit them. Similarly, the February 14 Dear Colleague letter and subsequent FAQ document do not have the force of law, and so cannot disturb the continued viability of classroom instruction or course offerings that address race, sexual orientation, gender identity, disability, religion, or related topics. Id. (footnotes omitted).

No, the DCL does not prohibit legal DEI programing and activities, nor does it prohibit using words like “diversity,” “equity,” “inclusion,” and “accessibility.”

The Dept of Ed’s FAQs clarify that common DEI practices are still permissible, such as:

• • offering “programs focused on interests in particular cultures, heritages, and areas of the world” and
• • following “educational, cultural, or historical observances—such as Black History Month, International Holocaust Remembrance Day, or similar events—that celebrate or recognize historical events and contributions, and promote awareness.”

These are only two examples of permissible DEI initiatives. There are many more. Permissible DEI initiatives do not segregate community members based on race, do not exclude any person based on race from services or programming, and do not create a hostile environment for our diverse community.

No. GovState supports the rights of its faculty, staff, and students to engage in free speech.

GovState is following guidance from respected leaders in higher education, including the Association of Governing Boards, by reviewing (or “auditing”) its existing communications, policies, and processes to ensure they are compliant with existing law and do not discriminate against anyone on the basis of race. This is a routine and common exercise in response to a regulator’s indication of increased enforcement activity in a given area.

The audit will be led by the Chief Internal Auditor and will be supported by personnel from the Institutional Engagement and Excellence Counsel and faculty.

We encourage anyone with questions or concerns about the University’s compliance efforts to contact the University’s General Counsel, Therese King Nohos.

No, we do not anticipate that the DCL will impact curricula. As stated in the Dept of Ed’s FAQs, the Dept of Ed is prohibited from dictating curricula by federal law. Therefore, curricula will not be subject to the audit discussed in these FAQs at this time.

Nevertheless, faculty are advised that certain practices may draw scrutiny and enforcement action from the Dept of Ed to the extent those practices create a hostile environment in the classroom or otherwise. As set forth in the FAQs, those potentially illegal practices include:

• • “requiring students to participate in privilege walks,”
• • “segregating [students] by race for presentations and discussions with guest speakers,”
• • “pressuring [students] to participate in protests or take certain positions on racially charged issues,”
• • “investigating or sanctioning [students] for dissenting on racially charged issues through DEI or similar university offices,”
• • “mandating courses, orientation programs, or trainings that are designed to emphasize and focus on racial stereotypes,” and
• • “assigning [students] coursework that requires them to identify by race and then complete tasks differentiated by race.”

Whether any particular practice creates a hostile environment is a fact-specific inquiry dependent upon all the existing circumstances.

Yes, cultural student organizations are still permitted to operate so long as they welcome all comers and do not exclude anyone based on race.

Yes, the Latinx Center will remain open and available to all comers. Programming and services will be extended to all regardless of race.

The Office of Diversity, Equity and Inclusion is now known as the Office of Institutional Engagement and Excellence (IEE). GovState changed the name to avoid the divisiveness that has come to be associated with the term “DEI,” which could be construed as negatively impacting the work of the office. The new title was vetted through the IEE Council and other stakeholders. There is consensus that the name change better reflects the mission of the institution. Our commitment to diversity, equity, and inclusion is unchanged.