DePauw University will not make any changes to its diversity, equity and inclusion (DEI) programming and principles because there is not yet a law requiring them to do so, according to Vice President for Institutional Equity Dionne Jackson in an interview with WGRE News on Feb. 26.
On Feb. 14, the Department of Education sent a Dear Colleague letter requiring every U.S. school and entity that received federal funding from the Department to cease Diversity, Equity and Inclusion (DEI) programs and other forms of race-based decision-making. The notice reads:
Educational institutions have toxically indoctrinated students with the false premise that the United States is built upon “systemic and structural racism” and advanced discriminatory policies and practices. Proponents of these discriminatory practices have attempted to further justify them—particularly during the last four years—under the banner of “diversity, equity, and inclusion” (“DEI”), smuggling racial stereotypes and explicit race-consciousness into everyday training, programming, and discipline.
The Department advised American schools to stop bypassing prohibitions on race-based decision-making via indirect means like DEI initiatives: “Under any banner, discrimination on the basis of race, color, or national origin is, has been, and will continue to be illegal.” Institutions had 14 days, from Feb. 14, to comply with these requirements.
As of Feb. 22, a federal judge in Maryland has blocked a part of Trump's executive orders to cancel federal contracts with DEI elements and require government contractors to confirm their disengagement with DEI initiatives. It is not clear yet what the implications for the Department of Education's letter will be. However, the requirement to cease DEI efforts at American schools is likely to violate the First Amendment, according to the judge.
In the WGRE interview, Jackson reminded students that the letter is a form of guidance, not regulation, and called for the DePauw community to “lean into the facts, not fear.”
DePauw is working with a legal counsel to determine necessary next steps, as well as anticipating changes to federal and state laws as best as they can. Jackson noted that this process began in December last year, after President Donald Trump won the 2024 presidential election. The legal counsel has not given DePauw any advice that has modified the university’s approach to DEI initiatives.
In a Feb. 21 statement to The DePauw, Jackson said:
DePauw University is in full compliance with all applicable state and federal legislation. As we move forward, we will continue to be guided by our mission and institutional values, which include affirming and supporting all members of our community. These principles remain at the core of our educational philosophy and campus culture.
The Dear Colleague letter came as President Donald Trump has been cracking down on federal DEI efforts implemented under the Biden administration. The Department of Education also cited the Students for Fair Admissions v. Harvard decision by the Supreme Court in June 2023 as a basis for their interpretations of federal laws. The Supreme Court ruled that Harvard College and the University of North Carolina violated Title VI of the Civil Rights Act of 1964 by implementing race-based affirmative action in their admissions processes.
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