Update on U.S. Department of Education’s February 14 Dear Colleague Letter
Dear Western Community,
On Friday, February 14, the U.S. Department of Education issued a Dear Colleague Letter (DCL) stating that schools receiving federal funding must comply with Title VI of the Civil Rights Act of 1964 following the Supreme Court’s 2023 decision in Students for Fair Admissions v. Harvard (SFFA). That ruling struck down race-conscious admissions policies and reaffirmed that institutions cannot consider race in decision-making unless they meet strict legal standards. The DCL extends this interpretation beyond admissions to include hiring, promotion, compensation, financial aid, scholarships, DEI initiatives, student programs, and other aspects of campus life, asserting that race-based preferences in these contexts also violate federal law.
It is important to note that while the DCL outlines how the Department of Education intends to interpret the law, it does not carry the force of the law. We will wait for further guidance, which is expected in due course, before assessing any necessary changes to our policies and practices.
While this federal guidance introduces additional considerations, Washington State’s Initiative 200, passed in 1998, already prohibits public institutions from considering race in admissions, hiring, and contracting, and WWU has long worked within that framework. Nonetheless, we are actively reviewing this guidance in collaboration with peer institutions and the state Attorney General’s Office to understand any broader implications for WWU policies and practices. We will also monitor any legal challenges which may delay implementation or alter enforcement policies.
Regardless of the challenges ahead, WWU’s commitment remains the same: ensuring that every student – regardless of background – can succeed and thrive, and that every employee has the opportunity to contribute their full potential in a respectful work environment.
I understand that this evolving situation creates uncertainty, and I appreciate all of you for extending to each other an extra measure of grace, compassion, and mutual respect. Our community’s strength lies in our ability to support one another and foster a welcoming and supportive environment for all.
As we gain more clarity on this directive and other Executive Orders in recent weeks, we will provide updates to the campus community. If you have questions or concerns, please feel free to reach out to the Office of Equity at OfficeOfEquity@wwu.edu or visit Western's federal administration updates webpage for ongoing information.
Warm regards,
Jacqueline Hughes