Advancing our mission while complying with federal and state law
Sent: Feb. 21, 2025
Immigration law enforcement resources: Please visit our new Federal Policy Resources webpage for detailed guidance on how to respond to a campus visit from federal officials.
Dear campus community,
On Friday, Feb. 14, the U.S. Department of Education’s (DOE) Office of Civil Rights issued a Dear Colleague letter to the nation’s pre-K through post-secondary schools addressing how Title VI of the 1964 Civil Rights Act should be applied to institutions that receive federal funding. Title VI prohibits discrimination based on race, color or national origin.
It is not uncommon for the DOE to send interpretive guidance of the laws or regulations they administer through Dear Colleague letters. Historically, such letters provide clarifications and guidance that reflect each administration’s interpretation of law in accordance with its priorities. What was striking and different about this letter was the department’s sweeping interpretation of the recent U.S. Supreme Court decision and their application of this interpretation to prohibit a host of other activities. DOE officials wrote:
“The U.S. Supreme Court’s 2023 decision in Students for Fair Admissions v. Harvard (SFFA), which clarified that the use of racial preferences in college admissions is unlawful...” The DOE goes on to say, “Federal law thus prohibits covered entities from using race in decisions pertaining to admissions, hiring, promotion, compensation, financial aid, scholarships, prizes, administrative support, discipline, housing, graduation ceremonies and all other aspects of student, academic, and campus life.”
So, what does this mean for us at Western? First and foremost, our commitment to our mission “So that all may learn” is enduring, and we have no intention of shrinking from it. We remain dedicated to using experience-driven learning to provide our students with cutting-edge skills that lead to careers and their holistic development. Our faculty designed our curricula to achieve those goals, and they must have the academic freedom to continue to offer a high-quality education. While our overall goals for each of our students are the same, we recognize the paths they might travel to reach those goals will differ. We embrace those differences so that all members of our community can be their authentic selves.
While the national conversation on diversity is framed in terms of racial exclusion, at Western our enduring commitment is focused on inclusion, building a sense of belonging for all students, faculty and staff who come with a broad array of life experiences and perspectives. Our community welcomes students, faculty and staff from around the world and embraces those differences in perspective or experiences they may come with—from age, race, ethnicity, gender, sexual orientation, seen and hidden disability, veteran status and socio-economic background.
We strive as a university for each Bronco to realize their own purpose and thrive in our globally engaged community. This is our strength and a point of pride for Western. The idea that every student, faculty or staff member has the same needs, talents, aptitudes or learning styles or shares the same aspirations is simply false. A one-size-fits-all model for success ignores the richness of the human experience and belies the individual needs and different journeys throughout our community.
We believe we can and must continue to advance these ideals because they are core to who we are and what we aspire to become. In the end, the letter acknowledges in a footnote that we can continue along that course:
“This guidance does not have the force and effect of law and does not bind the public or create new legal standards. This document is designed to provide clarity to the public regarding existing legal requirements under Title VI, the Equal Protection Clause, and other federal civil rights and constitutional law principles.”
This note is highly consequential for public universities in Michigan, including Western, because we comply with a 2006 amendment to the state of Michigan Constitution, known as Prop 2. The amendment prohibits Michigan public institutions from extending “preferential treatment to groups or individuals based on their race, gender, color, ethnicity, or national origin for public employment, education, or contracting purposes.”
We should take heart in the fact that we have been advancing our mission for nearly two decades while working within the constraints of Michigan law. We are permitted to continue delivering our curricula, offering programming, supporting our students and carrying out our inclusive mission. While the recent Dear Colleague letter attempts to draw broader conclusions, it articulates the same standard defined in Prop 2.
We are confident we have and will continue to operate in a manner consistent with the Michigan Constitution and recent U.S. Supreme Court directions. Our legal experts and trade associations are continuing to analyze the Dear Colleague letter and monitor DOE activity. In the interim, out of an abundance of caution, we will also be examining our practices to assess any compliance risks or issues. The Office of Diversity and Inclusion has already begun this work and will play a leadership role in our assessment. Any necessary adjustments will be made thoughtfully and judiciously to achieve compliance while preserving fidelity to our values and mission. In short, this DOE letter has minimal impact on Western’s activities. So, please proceed as usual.
I hope this information is helpful to you as we navigate this dynamic and fast-paced situation together. We will continue to provide information and updates as they become available. Thank you for all you do to make WMU a special and welcoming place that honors the dignity and human potential in all people.
Sincerely,
Edward Montgomery
President