February 23rd 2025.
The Trump Administration's Department of Education's plan to expand the Supreme Court's ruling on race-based affirmative action has many college student groups worried about their future. These groups, which are based on ethnicity or race, could be at risk if the administration is successful in implementing their argument to apply the Court's decision to all aspects of campus life.
The National Association of Diversity Officers in Higher Education, a group that works towards promoting diversity and inclusion, is particularly concerned about the potential consequences for organizations such as Black fraternities and sororities. These groups were originally formed as a response to segregation and discrimination, and their CEO and president, Paulette Grandberry Russell, expressed their worries in a statement to The Hill. She stated, "There is a legitimate fear that the new administration may try to limit student organizations, including registered student groups, and possibly even fraternities and sororities, that focus on diversity and inclusion, as determined by the Department of Education."
Marybeth Gasman, the executive director at the Center for Minority Serving Institutions at Rutgers University, shares the same concerns about how the Trump Administration is interpreting the concept of "race neutrality." Gasman believes that their actions do not align with the true purpose of this concept. She stated, "I am worried that the Trump administration may target student organizations that are formed based on racial affinity. They may argue that they are enforcing 'race neutrality' – a notion that doesn't make sense." Gasman also pointed out that any attempts to dissolve these organizations would lead to legal battles, as the First Amendment protects the right to free association.
This issue came to the forefront following Linda McMahon's confirmation hearing for her position as head of the Department of Education. The department sent out a "Dear Colleague" letter, which may not hold the weight of law, but still presents a clear ultimatum to educational institutions – comply with the Trump Administration's stance on diversity, equity, and inclusion, or risk losing funding within 14 days.
According to Craig Trainor, the acting secretary for civil rights at the Education Department, their stance is straightforward. "The Department of Education will not tolerate discrimination based on race. It's as simple as that. If an educational institution treats someone differently because of their race, it's a violation of the law." Additional guidance on the implementation of this policy is expected to be released soon.
This stance from the Trump Administration is in direct opposition to the positions of American universities, setting the stage for a legal battle. Sara Partridge, the associate director of higher education at the Center for American Progress, believes that any action taken by the administration to cut federal funding for violations regarding diversity, equity, and inclusion would be unprecedented in the history of the United States. She explained, "Typically, when a civil rights complaint is filed, the Office of Civil Rights conducts an investigation. If they find a violation, institutions are given the opportunity to make changes voluntarily. So, taking the drastic step of revoking federal financial aid would be detrimental to students. Historically, there has always been a process for institutions to correct any issues before it escalates to this level."
Partridge concluded by saying, "It remains to be seen how this administration will use the Office of Civil Rights in the Department of Education, but cutting federal funding due to civil rights violations, as outlined in this letter, would be unprecedented." The future of these student organizations and the legal battles that may follow are yet to be seen, but the concerns and tensions between the Trump Administration and American universities are apparent.
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