A letter published on Feb. 14 by the U.S. Department of Education stated that every educational institution is at risk of losing federal funding unless they end all race-conscious or diversity, equity and inclusion practices.
Schools were given 14 days to comply.
In a university-wide statement sent out on Feb. 20, Tulane University President Michael Fitts said, “We want to make certain our policies, practices and procedures comply with federal law and further our commitment to protect against unlawful discrimination, harassment and retaliation in all forms.”
“We are also in contact with our elected leaders and policymakers as we seek their insights and support.”
The programs and practices under threat include considering admissions essays about race, giving out race-based scholarships or prizes and teaching students about the “unique moral burdens” of certain races.
“The law is clear: treating students differently on the basis of race to achieve nebulous goals such as diversity, racial balancing, social justice, or equity is illegal under controlling Supreme Court precedent,” the letter, written by Craig Trainor, the acting assistant secretary for the Office of Civil Rights for the Department of Education, stated.
Trainor referenced the Students for Fair Admissions v. Harvard U.S. Supreme Court case of 2022, in which Asian-American and white students sued Harvard University for favoring minority applicants. The court ruled 6-3 to end race-based affirmative action in college admissions.
Tulane University Law professor Robert Westley said the Trump administration is extrapolating the diversity, equity and inclusion bans from the case.
“They’re claiming that this is a natural outcome of the Supreme Court decision,” he said. “But of course, it has nothing to do with that decision. That decision was only about admissions.”
The specific implications of the letter — including what it means for curriculum content and research — are ambiguous.
According to the California Department of Education’s interpretation of the letter, it calls for educational institutions to “end any educational program or activity that acknowledges race.”
However, the letter is not legally binding.
“This guidance does not have the force and effect of law and does not bind the public or create new legal standards,” the third footnote of the letter reads.
The document instead provides clarification to how the Trump administration is interpreting existing law. For example, Trainor began the letter by stating that the Civil Rights Act of 1964, fought for on behalf of Black people oppressed by segregation, is being violated by schools committing racism against white and Asian students.
Westley, an expert in critical race theory and civil rights law, said it is up to universities to fight the directive in court.
“This letter is putting institutions on notice that if we don’t come into compliance with their view of things, then they have the independent power to cut off funding,” Westley said. “And then if you feel that their exercise of that power has been arbitrary and capricious in some way, then you can go to court and try to fight.”
So far, Tulane has given no indication of plans other than compliance.
“Leaders university-wide will provide updates as we continue to monitor and respond to federal directives impacting different areas of Tulane,” Fitts’ statement said. “Policies and procedures may change, but our values and our commitment to the spirit of our motto, ‘Not for oneself but for one’s own,’ will remain stronger than ever.”
Tulane receives more than $133 million annually in federal funding from the National Institutes of Health alone. Most of this funding is delegated to research for causes such as HIV/AIDS, cancer, brain health, cardiovascular disease and other health conditions.
Tulane is taking the benefits of federal funding to research, student scholarships, faculty and more into consideration in determining how the new DEI directives will impact Tulane as a whole.
“We sometimes refer to Tulane as the ‘Harvard of the South,’ but the ‘south’ portion of that creates a huge difference,” Westley said.
“The Harvard of the North has a huge endowment, so they can thumb their nose at the government and say, ‘We’re going to do what we feel is right, and we don’t care, and we can afford to put our money where our mouth is,’” he said. “I don’t know if Tulane has that kind of money.”
Trainor also stated that ceremonies specifically honoring Black students will be deemed illegal.
“In a shameful echo of a darker period in this country’s history,” he said, “many American schools and universities even encourage segregation by race at graduation ceremonies and in dormitories and other facilities.”
Every year during commencement, Tulane’s Office of Multicultural Affairs hosts the Umoja Graduation, a ceremony honoring the accomplishments of Black students and introducing students to the Black Alumni Network of Tulane University.
In addition, the Carolyn Barber Pierre Center for Intercultural Life hosts “Ride the Wave” celebrations during commencement week to honor the achievements of BIPOC students.
It is unclear if these practices will be affected.
Westley teaches multiple courses at the law school, including a critical race theory seminar and a class on the 14th Amendment. As a professor of courses focused on race’s role in society, Westley feels “threatened.”
“Educational institutions have toxically indoctrinated students with the false premise that the United States is built upon ‘systemic and structural racism,’” Trainor wrote in the letter.
Westley has been teaching his critical race theory seminar at Tulane for nearly 30 years. On the first day of this semester, he began to play a video. He turned around and fiddled with his computer. When he looked behind him, the classroom was packed to the brim with students.
“Oh, God,” Westley thought. “You guys think this is the last administration of this critical race theory class, don’t you?”
During the 2024 presidential election, President Donald Trump’s campaign waged a culture war against DEI, and he spent his first days in office signing a flurry of executive orders to end DEI, reversing years of upscaling during the Biden administration. On Jan. 20, the day of his inauguration, he signed a declaration titled “Ending Radical and Wasteful Government DEI Programs and Preferencing.”
Other prestigious universities are eliminating DEI from their websites and programs. Vanderbilt University removed all mentions of DEI from their websites, and they changed the name of the Student Center for Social Justice and Identity to the Student Center for Belonging and Communities. Northeastern University renamed its DEI website “Belonging at Northeastern.”
“I trust that President Fitts and the administration are actively working to follow the law and keep Tulane one of the best universities in America, but they have a lot of work to do,” political science professor of practice Scott Nolan said. “I trust them to do it in a respectful and a nuanced way.”
Nolan teaches classes, including Race Gender & Sexuality in Law.
“I consider myself lucky and fortunate that I know that I have an administration that cares about the well-being of LGBTQ faculty, staff and students, and will always work hard to make sure that we are supported and that laws are followed,” he said.
While Tulane and other comparable universities, such as Emory University and next-door Loyola University, have not taken down DEI language or programs, it is unclear if they will before the Feb. 28 deadline.
“We are continuously monitoring how this guidance, as well as other legal requirements and recent executive actions, affect Tulane,” Fitts’ statement said. “This includes communication we have been receiving from federal agencies that provide billions of dollars to fund the pathbreaking research conducted by Tulane and other universities.”
Ryann Goldberg contributed to the reporting of this story.
