Page updated Aug. 15, 2025
Universities receiving federal funds must comply with civil rights laws that provide that no person shall, on the grounds of sex, race, color, or national origin, including shared ancestry, be excluded from participation in, or denied the benefits of, or be subjected to discrimination under programs and activities that the university sponsors or promotes (Title VI and Title IX). The University’s requirement to comply with these laws is consistent with its wholehearted and longstanding commitment to diversity, equity and inclusion. Those values are essential to serving our community and achieving the University’s mission and they remain a priority.
Diversity, equity and inclusion programs in federal agencies and in programs supported by the federal government are the subject of policy changes, including two presidential executive orders. More specific guidance from the U.S. Department of Education and U.S. Attorney General has since been issued related to these orders.
The U.S. Department of Education Office for Civil Rights was first to act, on Feb. 14 issuing a “Dear Colleague” letter that gives its interpretation of Title VI and the U.S. Supreme Court decision in Students for Fair Admissions v. Harvard, which banned the use of race or ethnicity in college admissions. The letter states that, as of March 1, the office’s interpretation prohibits “using race in decisions pertaining to admissions, hiring, promotion, compensation, financial aid, scholarships, prizes, administrative support, discipline, housing, graduation ceremonies, and all other aspects of student, academic, and campus life.” On March 1, it released FAQs with additional details however in April, federal judges put temporary blocks on the original letter. On Aug. 14, a federal judge in Maryland issued a ruling in a motion for summary judgement which struck down the Feb. 14 letter as unlawful on both procedural and constitutional grounds.
Meanwhile, on July 29, the U.S. Department of Justice issued a memo detailing the programs and practices it considers to be unlawful and discriminatory. That includes “Using race, sex, or other protected characteristics for employment, program participation, resource allocation, or other similar activities, opportunities or benefits” except in rare cases, as well as the use of some “Facially neutral criteria (e.g. “cultural competence,” “lived experience,” geographic targeting) that function as proxies for protected characteristics…if designed or applied with the intention of advantaging of disadvantaging individuals based on protected characteristics.”
The UW was also included in a list of 60 institutions that the U.S. Department of Education on March 10 said it is putting under increased scrutiny for compliance with Title VI, specifically regarding antisemitism. The University is also on a list of 45 institutions the department on March 14 announced are being investigated under Title VI for partnering with The Ph.D. Project.
The University and Washington Attorney General’s Office are evaluating these letters, FAQs and appropriate next steps. Until or unless otherwise notified, units should use the recently updated Programs and Activities Checklist from UW Compliance and Risk Services to guide their actions. Additional information about the University’s commitment to upholding our responsibilities under Title IV was shared with the UW community on May 15.