University of Cincinnati campus on Wednesday, Sept. 4, 2024
The passage of Senate Bill 1 by the Ohio Senate comes amid a broader national conversation about race-neutral policies in higher education. At 9 p.m. on Friday, Feb. 14, the Department of Education Office for Civil Rights (OCR) released a “Dear Colleague Letter”
On Feb.18, President Neville Pinto sent an email to the UC community highlighting this “Dear Colleague” letter from Acting Assistant Secretary for Civil Rights Craig Trainor, issued Friday night, which follows Executive Order 14173.
The letter’s emphasis on eliminating race-based preferences echoes the concerns raised in SB1 about the role of diversity, equity, and inclusion initiatives in Ohio’s public universities.
The order bans race- and sex-based preferences in admissions, hiring, scholarships, housing, and other aspects of campus life. The OCR has made it clear that universities must enforce race-neutral policies in certain areas.
Below is a breakdown of the letter from the Acting Assistant Secretary Trainor:
What’s changing? The letter warns that educational institutions that receive federal funding cannot make decisions based on race—including in admissions, financial aid, scholarships, hiring, housing, or campus programs.
Why now? This follows the Supreme Court’s 2023 ruling in Students for Fair Admissions v. Harvard, which struck down affirmative action in college admissions. The Department is now applying the same logic to other areas of education.
What about DEI programs? The letter argues that many Diversity, Equity, and Inclusion (DEI) initiatives discriminate by favoring certain racial groups. It states that race-based policies, even if meant to promote diversity, are illegal.
What schools must do: Institutions have 14 days from Feb. 14 to review their policies and remove any race-based criteria. This includes not using indirect methods, such as personal essays or extracurricular activities, to consider race.
Consequences: Schools that don’t comply may lose federal funding. Students who believe they have been discriminated against can file complaints with the Department of Education’s Office for Civil Rights.
As universities across the nation, including UC, work to adapt to these sweeping policy changes, President Neville Pinto emphasized the institution’s commitment to creating a supportive and inclusive environment amidst these challenges.
“We remain committed to fostering a vibrant environment for inquiry, discovery, and learning,” said Pinto in the email to the UC community.
Pinto also acknowledged the complexities of navigating both federal and state-level changes. He assured students and staff that the university would work closely with all academic leaders to assess the impact and provide guidance on how to comply with the new policies, urging patience as they move forward.