On Feb. 14, 2025, the U.S. Department of Education issued a "Dear Colleague" letter reinforcing the illegality of discrimination based on race, or national origin in educational institutions. This directive clarifies the legal standards established by the Supreme Court's 2023 decision in Students for Fair Admissions v. Harvard, emphasizing that the use of racial preferences in college admissions is unlawful.
The letter suggests that the goal is to ban discrimination in any programs or activities that are federally funded. However, the letter claims that Diversity, Equity, and Inclusion (DEI) programs, which often celebrate diversity through acknowledging race and national origin to create safe community spaces, would also fall under this updated definition of discrimination. “The way they are describing discrimination is extremely broad and will blunt the ability of universities to provide essential support systems and diversity programming,” said Robin Maril, an assistant professor of law at the Willamette College of Law.
The Department of Education warns that colleges and universities found in violation of the policies stated in the letter will risk losing access to federal funding. It provided colleges and universities with 14 days to take action and correct any violations related to the use of race-based preferences. These laws are actively being enforced as of Feb. 28, 2025.
Maril explained that this is not the first “Dear Colleague” letter that has been issued. Within the multitude of cabinet-level departments amid the U.S. federal executive branch, each department has designated names for publicly released documents used to share information about a legislative issue. The Department of Education releases “Dear Colleague” letters that typically address educational institutions, specifically administrators, faculty and staff. This particular letter was authored by Craig Trainor, the Acting Assistant Secretary for Civil Rights in the Department of Education.
Maril noted that “the department cannot change the law. They can just interpret it. It lets institutions know how they will be held accountable by the federal government.” While the “Dear Colleague” letter and the Department of Education plays a crucial role in ensuring that educational policies are implemented correctly and to the stated standards, any changes to the law itself must come from the legislative branch. Maril clarified that any attempts to alter pre-existing laws would require a formal legislative process, not solely an executive action.
Despite the uncertainty that comes with the letter’s ambiguous language, Patty Hoban, Willamette’s director of financial aid, reassured that “just in reading that ‘Dear Colleague’ letter and looking at [the university’s] policies and practices, we’re not who they’re initially targeting.” Hoban estimated that in the 2023-24 school year, over $70 million of financial aid support that students received was directly from Willamette’s own financial reserve, with $5 million from federal grant funding for students. The money from Willamette supplies students with a number of large scholarships, including merit scholarships, such as the Trustees or Presidential scholarships. Additionally, Willamette’s large endowment provides further funding for students.
Regarding the federal funding that students at Willamette receive as financial aid, Hoban clarified that the main federal grants that students receive are the Pell Grant and the Supplemental Educational Opportunity Grant (SEOG), along with some grants that come in smaller packages. The amount of money received in a Pell Grant is determined when a student files for FAFSA and is granted to students with “exceptional financial need,” according to the office of Federal Student Aid. The maximum Pell Grant awarded for a single student for the 2024-25 school year was $7,395.
With 20-25% of Willamette students receiving Pell and SEOG grants, Hoban puts into perspective what could happen if all federal grants were eliminated from Willamette’s federal funding. “The $70 million that [Willamette is] spending on our students will be safe. We will have to work with individuals to see what we can do to help them in place of their [lost federal] funding.” For students concerned about the elimination of federal student loans, Hoban notes that there are lenders who provide private student loans. However, she expressed that if the federal government were to accomplish defunding schools due to their DEI programs, “the whole landscape of higher education would change.”
Should federal student aid be affected, there is currently no announced backup for the university to take action as of now. Hoban expressed that when looking at the letter, “we’re not out of compliance with what they’re stating there, at least as it’s written, so we’re feeling okay about that.”
With frequent adjustments to the regulations of the Department of Education, it is becoming increasingly difficult to anticipate how changes will impact federal financial aid packages. However, Hoban stated, “I am reasonably confident that the financial aid awards we offer to students for the remainder of 2024-25 and will offer for 2025-26 will be accurate and reliable.”
Unsure of how future policy shifts might affect financial planning regarding Willamette’s federal funding status being dependent on DEI programs, Hoban articulated, “I think we all just need to stay as calm as we can and not project too far into the future.” With universities and colleges throughout the entire nation uncertain of what the Department of Education or federal government will deliver next, Hoban stressed that “this may not seem to be a problem for us [right now], but tomorrow, something else can come out.”
Maril addressed a choice that educational institutions could have as a response to the letter, noting that it is completely up to the institution as to whether or not a school decides to keep their DEI programs or remove them. However, for schools that choose to keep DEI programs instated, Maril stated that “they would need to go ahead and prepare to be completely lobbied against.”
Per an article published on Willamette Week, it outlined that university leadership throughout the state of Oregon are currently discussing future plans and their action in response to the “Dear Colleague” letter. Oregon universities are responding to the government’s threats to remove federal funding, with both Portland State University and Oregon State University believing that their programs and curricula are compliant to the law. However, Lewis & Clark expressed that they are currently conversing about the consequences behind these new legal challenges. All universities are actively monitoring new federal guidelines that could be released.
In regards to how Willamette leadership is actively considering the implications of “Dear Colleague,” Vice President for Student Affairs Lisa Landreman stated via email, “We are all still awaiting additional guidance before I could comment any further on what the Dear Colleague letter will mean for us at Willamette. Similar to our colleagues at other universities we are carefully considering the letter and are in conversations with professionals across the country.”
Landreman reassured that the goal of Willamette leadership “is to ensure that we continue to ensure that students can be successful at Willamette and feel welcomed and affirmed both in and out of the classroom."
For any individuals who are concerned about their financial circumstances, Hoban recommended paying the university’s financial aid office a visit on the first floor of Waller Hall to review what types of funding they are receiving and what possible solutions exist should any aid be in jeopardy due to the “Dear Colleague” letter.
In providing additional information about the letter, the Department of Education released a Frequently Asked Questions (FAQ) document on March 1, 2025 in line with the release of the “Dear Colleague” letter. The Department of Education website concluded that “the [‘Dear Colleague’ letter] promised that additional guidance would be forthcoming. … This FAQ document will be updated periodically as questions arise.”
This is a developing story, and this information is subject to change as further guidance is released. Further coverage will be released both in print and online as the story develops.
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