Effects of the Elimination of DEI Initiatives on Title IX Enforcement
| | Title IX
When the Department of Education issued guidance in the form of a “Dear Colleague” letter instructing colleges and universities to essentially dismantle their Diversity, Equity, and Inclusion (DEI) initiatives, the focus of the document was on race-based preferences. However, the offices and programs that support DEI goals also often work in conjunction with staff focused on Title IX enforcement on campus. If DEI structures are dismantled, the changes could make it more difficult for many schools to develop anti-discrimination policies that affect sex-based discrimination, and it could potentially affect the enforcement of Title IX provisions.
In this rapidly changing environment, students, faculty, and staff need to be aware of their rights under Title IX and other laws and their options for upholding those rights if they are compromised by someone on campus or by the school itself. If enforcement by campus authorities is less vigorous, those who attend or work at schools may need to be prepared to take enforcement efforts off campus by filing an administrative complaint or lawsuit.
What Colleges and Universities Were Instructed to Do
As one of his first official actions in his second term of office, President Trump issued Executive Order 14151, “Ending Radical and Wasteful Government DEI Programs and Preferencing.” Although that directive applied to programs in the federal government, it referenced grants to institutions that “received Federal funding to provide or advance DEI, DEIA, or ‘environmental justice’ programs, services, or activities.”
This order was followed the next day by Executive Order 14173, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity. ” This directive criticized institutions of higher education, among others, for using “dangerous, demeaning, and immoral race- and sex-based preferences under the guise of so-called ‘diversity, equity, and inclusion’ (DEI).” Prior to receiving federal funding in the future, recipient schools must certify that they do not operate programs “promoting DEI that violate any applicable Federal anti-discrimination laws.”
While the presidential directives refer to DEI initiatives based on sex as well as race, the “Dear Colleague” letter issued by the Department of Education on February 14, 2025, with instructions to schools regarding DEI initiatives only refers to discrimination under Title VI based on “race, color, or national origin.” Schools that receive federal funding, which includes nearly all colleges and universities, were given two weeks to revise policies that “treat students differently on the basis of race,” including using indirect means to increase racial diversity or achieve social equity.
The Current State of Affairs
This was interpreted by many as a directive to close down DEI offices and cease DEI programs. However, indications are that these programs may be rebranding and evolving rather than shutting down. An education watchdog organization known as “Defending Education” has been conducting an investigation to track the presence of DEI programs and offices on university and college campuses. As of April 16, well past the March 1 deadline set by the Department of Education, the organization observed over 400 post-secondary schools, colleges, and universities with active DEI offices and programming.
Their investigation indicated that an additional 28 institutions seem to have essentially renamed their DEI offices. The organization reported that some institutions moved DEI programming to “civil rights” offices and that they are using alternative language to rebrand programs. Examples given of euphemisms for DEI include “inclusive excellence,” “access,” and “belonging.” Their report referenced numerous examples of university web pages displaying former DEI programs and offices that showed only a few minor changes in wording.
The investigation revealed only 18 universities that ceased DEI initiatives or removed DEI information from their websites. Observers have noted that DEI programs stem from belief systems that are a core part of university culture, so federal pronouncements may have little effect on actual programs.
Training and Awareness of Potential Title IX Problems
Whether rebranded or not, other observers have noted that DEI offices and programs connected to them are often the ones that offer training that helps students, faculty, and staff recognize implicit bias and discrimination on the basis of sex. They may also be the programs that inform the campus community about procedures for reporting Title IX violations. Therefore, there is some concern that if DEI offices are closed and staff is let go or redistributed, campus communities could suffer increased incidents of discrimination and harassment due to the lack of preventative education, and that students will not understand their Title IX rights and will therefore fail to report violations. There is also a concern that faculty and staff may not be equipped to respond effectively to reports of sexual assault and other forms of sexual misconduct.
Institutional Support for Complainants and Respondents
In institutions where DEI offices support Title IX programs, the closure of these offices and reassignment of Title IX services could potentially make it more difficult for complainants and respondents to obtain supportive services. However, since schools are obligated to provide these services under Title IX, the end of DEI programming on campus should not lead to a decrease in essential services such as counseling and accommodations.
Will Schools De-Prioritize Title IX Compliance?
The real concern for many is that the directives on DEI initiatives are part of a broader deregulation effort that could lead to decreased enforcement of civil rights protections, including Title IX. They believe that schools will not feel compelled to comply vigorously with Title IX requirements, and that could lead to situations where schools are not held accountable for failing to address discrimination and students face retaliation for filing Title IX complaints.
However, even if DEI offices and programs cease to exist in a meaningful, rebranded approach and schools grow lax on fulfilling Title IX obligations, students still have the ability to enforce their Title IX rights through administrative complaints and private legal actions.
Protecting the Rights of Title IX Complainants and Respondents
Regardless of the regulatory or political environment, the experienced Title IX attorneys at Nesenoff & Miltenberg know how to protect the rights and interests of students, faculty, and staff throughout the country. We fight effectively on campus and in court to ensure that complainants and respondents are treated fairly by academic institutions. To discuss how we may be able to protect Title IX rights in a specific situation, contact us to schedule a confidential consultation.