Department of Education Guidance Update

President Jeffrey P. Gold, M.D., shared an update Thursday on how the University of Nebraska System plans to respond to guidance issued last week in a letter from the U.S. Department of Education’s Office for Civil Rights. The letter references “discriminatory practices” that OCR asserts have been conducted “under the banner of diversity, equity and inclusion” and outlines federal requirements to restrict such initiatives at institutions receiving federal financial support.

The letter also reiterates existing legal requirements under Title VI of the Civil Rights Act of 1964 and signals that the Department of Education will apply a broad interpretation of the 2023 Supreme Court decision in Students for Fair Admissions v. Harvard, which found race-conscious admissions programs to be unlawful. According to the OCR, the prohibition on race-based considerations extends beyond admissions to decisions related to hiring, promotion, compensation, financial aid, scholarships, awards, administrative support, discipline, housing, graduation ceremonies, and all other aspects of student, academic, and campus life.

I want to emphasize that noncompliance places our federal funding at risk which could have a significant impact on the important teaching, learning, and research that takes place on our campus and serves our Omaha community.

We are fully committed to complying with federal law, and as such, I am working with our senior executive leadership and deans to conduct a comprehensive review of potentially relevant campus activities, programs, positions, and policies. We anticipate more legal guidance and information will come soon, and we will share those updates with you as they become available.

To echo President Gold, I thank our entire university community for their patience and understanding as we navigate this landscape together.

Sincerely,

Joanne Li, Ph.D., CFA

Chancellor