Dear Acting Assistant Secretary Trainor:
On behalf of the undersigned higher education associations, I write in response to the Department of Education’s (Department) Feb. 14, 2025, Dear Colleague Letter (DCL). The stated purpose of the DCL is to “provide clarity to the public regarding existing legal requirements” for colleges and universities under the Supreme Court’s 2023 decision in Students for Fair Admissions v. Harvard (SFFA), and more broadly under Title VI of the Civil Rights Act of 1964 and the Equal Protection Clause of the U.S. Constitution.1 Unfortunately, the DCL’s ambiguous language has only led to confusion on campuses about their compliance responsibilities. Therefore, we respectfully request that the Department rescind the DCL and engage with the higher education community to ensure a clear understanding of their legal obligations in this area.
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