Executive Orders and a “Dear Colleague” Letter

The first few weeks of the new administration in the White House have generated a flurry of executive orders many of which have a direct impact on higher education, affect members of our community, and/or challenge our institutional mission and values. Some of these documents have been riddled with internal contradictions making those determinations more complicated.

It is important to help our campus community understand what these directives mean, what authority they may or may not have, how they may affect each of us, and what the University is doing to navigate these new challenges.

I assured our campus that, in compliance with all federal and state laws and regulations, our priorities are to:

  • Support our students, faculty and staff
  • Align actions and decisions with our mission and values
  • Remain focused and take deliberate, strategic action
  • Advocate with government officials

The early spate of executive orders included threats to and prohibitions of DEI efforts and proposed erasures of LGBTQ+ rights and identities. These actions are directly at odds with the University’s mission and values, and they are in opposition to the foundational values of the Evangelical Lutheran Church of America, which is our chartering denomination.

Subsequent orders have threatened to defund programs, institutions, and research that are critical to student success, access, and scientific and educational progress.

On Valentine’s Day, the Department of Education released a “Dear Colleague” letter that articulated the DOE’s new interpretation of the recent Supreme Court decision on Students for Fair Admission v. Harvard University. The court’s decision eliminated race as a consideration in building a class, ending affirmative action in the admission process.

The “Dear Colleague” letter says that now these prohibitions apply to programming aimed at any racial, gender, or ethnic group, by suggesting they are inherently discriminatory and therefore in violation of Title VI. The inference of the letter is that programs and campus groups that lift up a group of students are excluding individuals who do not belong to that group, and it threatened that if institutions failed to eliminate these practices by 28 February, they could lose their access to federal funds.

If most institutions were to lose Title IV eligibility, which allows them to distribute federal financial aid, significant numbers of students would be harmed. At Susquehanna University nearly a third of our students would lose critical financial aid, which would pose an existential crisis for them and the institution.

The one thing that thrills student leaders of affinity groups more than welcoming new members, is welcoming new members who are joining as allies who want to learn more about the experiences of students whose heritage differs from their own and want to support and encourage their friends. That is exactly what we should want students to do. In my lifetime in higher education, every student affinity group I encountered welcomed everyone.

The “Dear Colleague” letter notes that it is guidance, not law, but the threats it contains have moved many institutions to eliminate programs and offices that support DEI work as a preëmptive response. What we all need to remember is that current civil-rights laws remain in effect, and they remain the rules we are beholden to uphold.

There have been over seventy law suits filed in response to these orders. Some have already been delayed or rescinded. The volume and range of orders makes it difficult to stay on top of what we must do, what we should do, and what we should not do. A number of our national and state organizations have been providing helpful legal summaries and guidance.

We have established a Task Force on our campus to review each applicable order from the perspective of our campus in consultation with our general counsel to be sure we continue to lean into our mission and adhere to the law.

This week, we sent out the first installment of a newsletter to our campus community to be sure we all have a shared understanding of how these highly publicized executive actions affect us collectively.

Here it is:

Dear Friends:

In light of the rapidly changing governmental landscape and its potential impacts on higher education, we will provide biweekly updates through the semester. These will include a repository of resources to help the community understand these complex issues. An initial set is posted below.

Susquehanna University remains committed to uplifting and living the University’s mission and values, which we will do in accordance with the law.

The Task Force will continue to review our documents and practices to assure they align with legal guidance and to improve clarity for our community.

At present, that group is working with legal counsel to focus on communication, policies and procedures, programming, and federal funding. As I wrote last week, our policies, practices, and programs are consistent with existing law.

Campus Chatter

Conversations happen everywhere — hallways, classrooms, and beyond. In these updates, we’ll clarify, confirm, or add context to recent discussions. Because chatter matters, we want to keep you in the know.

Financial Aid and Changing Circumstances

Life is unpredictable — a parent’s job loss, medical emergencies, or other unforeseen challenges can impact financial situations. If a student or their family experiences a significant change, they should reach out Student Financial Services as soon as possible.

Are Affinity Groups Continuing?

Yes, affinity groups remain a vital part of our university community, offering spaces for connection, discussion, and support around shared interests or experiences. Open to all faculty, staff and students, these groups foster learning and engagement. To get involved, contact the Access, Equity and Belonging Division.

I hope you all have a safe and restful break.

Yours ever,

Jonathan D. Green

President

Subscriptions

  • ACE Higher Education & National Affairs Newsletter

Updates on Government Actions Affecting Higher Education

  • Action Alerts by the National Association of Independent Colleges and Universities (NAICU).
  • Summary of 10 executive orders through Jan. 31 prepared by Segal HR consultants.
  • Summary and analysis of executive actions by Education Counsel.
  • Coverage of 14 significant executive actions by Higher Ed Dive.

Summaries of the Feb. 14, 2025 “Dear Colleague” Letter

  • Analysis of the “Dear Colleague” letter in The Chronicle of Higher Education.
  • legal review of the “Dear Colleague” letter from Saul Ewing law firm.
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