Response: Dear Colleague Letter
St. Edward’s University Response to the February 14th “Dear Colleague Letter”
On February 14, 2025, the U.S. Department of Education (DOE) released a Dear Colleague Letter (DCL) concerning discrimination based on race, color, and national origin in higher education. The DCL sets out the DEO’s view that the Supreme Court’s 2023 decision in Students for Fair Admissions v. Harvard (SFFA) bars the use of racial preferences and race-based separation in virtually all education programs and activities. The DCL also contends that diversity, equity, and inclusion programs stigmatize certain students, thereby denying them full participation in the life of the university. The DCL does not have the force of law, but it states the DOE’s intent to aggressively enforce its more expansive interpretation of SFFA.
Our Holy Cross values emphasize the inherent dignity of every person and we actively cultivate a respectful, inclusive community where all students can thrive. All university or university-sponsored programs, policies and offerings should be open to all students without regard to a student’s race, color, national origin or sex. [1] University programming which includes a special focus on a population of students based upon race, color, national origin or sex should be open and accessible to participation by all students, except as permitted by applicable law.
The DCL does not require any change to the university’s academic policies and curriculum. Although the DCL contends that university discussions of some historical issues will stigmatize certain students and could deny those students full participation in “the life of the school,” the DOE’s specific directives address compliance of existing civil rights laws and do not extend to the content of the curriculum.
The university is committed to fulfilling its mission and purpose with respect to inclusion, access, engagement, and education, particularly for students from historically underrepresented backgrounds, while complying with the applicable civil rights laws and regulations. As the courts or other governing bodies further define the application of the existing civil rights laws and regulations, the university’s response will evolve and be updated as needed to address any changes in circumstances.
[1] The DCL only addresses discrimination based upon race, color or national origin, but prior DOE communications have prohibited most scholarships and programs open only to students of a particular sex.
