On February 14, the Department of Education’s Office for Civil Rights (OCR) released a “Dear Colleague” letter issuing new guidance on race-conscious academic programs, including DEI initiatives, at all federally funded educational institutions.
The letter reinterpreted the 2023 Supreme Court verdict in Students for Fair Admissions v. Harvard to prohibit not only race-conscious admissions but also “hiring, promotion, compensation, financial aid, scholarships, prizes, administrative support, discipline, housing, graduation ceremonies, and all other aspects of student, academic, and campus life.”
The letter targeted both direct and indirect race-based policies, including DEI programs, which it claimed “frequently preference certain racial groups and teach students that certain racial groups bear unique moral burdens that others do not. Such programs stigmatize students who belong to particular racial groups based on crude racial stereotypes.” Additionally, it stated that “[r]elying on non-racial information as a proxy for race, and making decisions based on that information, violates the law.”
The OCR gave February 28 as the deadline to comply with the new guidance. The letter noted that “[a]dditional legal guidance will follow” and threatened “potential loss of federal funding” for institutions that fail to comply.
Several academic, scholarship, and faculty recruitment programs advertised on Claremont Colleges websites at the time of publication appear to violate the new guidelines. The Samella Lewis Scholarship at Scripps College, for example, offers $4,500 in loan repayment to a “junior or senior African-American student.” At Pomona College, one of the eligibility requirements of the Fred and Dorothy Chau Mellon Pre- and Postdoctoral Fellowship states that applicants “must contribute to increasing the diversity of member colleges in one or more of the following ways: Increasing their ethnic and racial diversity, maximizing the educational benefits of diversity and/or increasing the number of professors who can and will use diversity as a resource for enriching the education of students.” A page for Pitzer College’s Diversity Committee states that the committee “seeks to implement the College’s commitments to expanded racial and ethnic diversity in the student body and in the faculty” and “assist[s] the College in meeting its affirmative action goals in faculty recruitment and hiring.”
The website of the office of Chicano Latino Student Affairs (CLSA), a joint college department administered by The Claremont Colleges Services (TCCS), states that CLSA “provides enrichment programs and services that enhance the academic success and personal development of Chicanx/Latinx students at The Claremont Colleges.” Similarly, the Office of Black Student Affairs (OBSA), another TCCS program, states that “OBSA is dedicated to providing support, resources and space for students of African descent to feel safe, valued, informed and connected.”
Regarding the anticipated impact of the letter and future OCR actions, Scripps College said in a statement to the Independent:
“[We are] carefully analyzing recent executive orders, as much remains unclear about specific impact on individuals or the College’s academic or co-curricular programs. In light of the current federal administration’s actions and declarations, we share our community’s fears about the safety, wellbeing, and human/civil rights of our classmates and colleagues. Our primary focus is on protecting and supporting the individuals who are most vulnerable, and we are working with affected individuals to provide personalized and confidential financial, legal, and wellness resources and assistance.”
Harvey Mudd College’s President, Harriet Nembhard, released a message on February 17 noting that the college “has been actively monitoring these changes in policy, consulting with the College’s legal counsel and national experts, as well as working with and through campus offices and our sister colleges in the consortium to build partnerships to help us navigate this evolving landscape together.” She encouraged the community to “stand together, uphold our shared values, and care for one another,” and urged students to reach out via the college’s Community Support page.
The Claremont Colleges Services (TCCS) provided the following statement to the Independent on behalf of the consortium: “We continued to assess the evolving situation in the higher education sector. Our primary focus is to support every member of The Claremont Colleges community. Our practices have been and will continue to be in full compliance with settled law.”
Pomona College and Pitzer College did not respond to requests for comment. Claremont McKenna College deferred to the TCCS statement.
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