The AAMC joined 67 higher education organizations in a Feb. 25 community comment letter (PDF) sent to the Department of Education in response to the department’s recent dear colleague letter (DCL) which provided guidance on higher education institutions’ civil rights responsibilities following the Students for Fair Admissions v. Harvard (SFFA) Supreme Court decision.
The Department of Education Office of Civil Rights Feb. 14 DCL (PDF) warned that educational institutions that fail to comply with federal civil rights law may lose federal funding and signaled intent to enforce an expanded interpretation of the SFFA decision. The DCL — which states that its guidance “does not have the force and effect of law” — further identifies diversity, equity, and inclusion (DEI) efforts as “discriminatory practices.”
The higher education community's comment letter raises concerns about the DCL's reinterpretation of the Supreme Court decision and ambiguous language. Further, the comment letter notes that the DCL omits any reference to long-standing First Amendment protections accorded to higher education institutions and individual faculty. The comment letter also respectfully requests that the department rescind the DCL, develop guidance that aligns with existing law, and collaborate with the higher education community to clarify legal obligations.