Dear Westminster Community,
This past week, news unfolded regarding a “Dear Colleague” letter issued on February 14 by the Department of Education’s Office for Civil Rights (OCR). “Dear Colleague” letters offer interpretations of law by the presiding administration; this one provides an interpretation of the Supreme Court’s ruling in the 2023 case of Students for Fair Admissions v. Harvard (“SFFA”) and outlines the steps planned by President Trump’s administration in enforcing Title VI of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color, and national origin by institutions of higher education that receive federal funding. Westminster’s actions to date have been fully compliant with that 2023 Supreme Court ruling.
The most recent “Dear Colleague” letter advances a far broader interpretation of the ruling than that provided by the previous administration, stating that beyond barring consideration of race in admissions decisions, the ruling also prohibits universities from “using race” in “hiring, promotion, compensation, financial aid, scholarships, prizes, administrative support, discipline, housing, graduation ceremonies, and all other aspects of student, academic and campus life.” The language of the letter is both broad and ambiguous. For example, although the letter focuses solely on race, it does not define “DEI,” which clearly amplifies fears about exactly who and what might be targeted. Importantly, the letter also states that “Additional legal guidance will follow in due course.”
Westminster will, of course, seek to understand additional legal guidance that may be provided and will comply with any new federal or state laws or regulations. At this point, we have no reason to believe that we are excluding or including students solely based on race, or that we are practicing “overt and covert racial discrimination,” despite the representations in the letter of such practices being “widespread in this Nation’s educational institutions.” Many of the assumptions in the letter simply do not reflect the reality of student or academic life at Westminster, particularly in caricatures of “DEI programs,” which are said to “frequently preference certain racial groups and teach students that certain racial groups bear unique moral burdens that others do not.” These assumptions and misunderstandings about programs which serve students may call us to make changes in institutional language that more clearly reflect both our compliance and the continuity of existing programs and services consistent with our mission and values.
At Westminster, we understand and respect the unique, individual and authentic identities of our students, faculty and staff. We remain committed to sustaining a teaching and learning environment that facilitates access and success for all students. We know that the highest quality of education – and of vibrant civic engagement – begins with care and empathy. Students achieve more, and human potential flourishes, when the historic, social, and economic circumstances impacting individuals and communities are acknowledged and respected, and when the perspectives arising from learning and lived experiences contribute to conversations and deliberations in classrooms, communities, workplaces, and politics.
The threats regarding the loss of federal funding made in the “Dear Colleague” letter are serious, but they are not yet formalized into law. If, at some point, such directives are clarified, we will comply in a manner that best preserves our core values and sustains the inclusive educational excellence for which Westminster has been known throughout its 150-year history.
Thank you for working together to uphold and bring Westminster’s values to life.
Regards,
Beth
