Responding to Recent Executive Orders and Actions

Fri, 21 Feb 2025 10:13:32 -0500

Dear UMBC Community,

I want to express my thanks to the many of you who have reached out to me in recent days to voice their concerns and ask about the current and future state of the work of the Division of Institutional Equity in light of recent federal orders and actions. Your support is an inspiring demonstration of our shared values, most especially, inclusive excellence.

As you may know, late on Friday evening, the Department of Education’s Office for Civil Rights (OCR) issued a Dear Colleague letter that put forth a very broad interpretation of the Supreme Court’s 2023 ruling in Students for Fair Admissions v. Harvard, which ended race-conscious admissions. The Dear Colleague letter interprets that ruling to prohibit all race-conscious activities at educational institutions that receive federal funding—“hiring, promotion, compensation, financial aid, scholarships, prizes, administrative support, discipline, housing, graduation ceremonies, and all other aspects of student, academic, and campus life.”

A Dear Colleague letter does not carry the force of law, nor can it change existing law. We have and will continue to abide by existing laws, including through the university’s nondiscrimination policy. Higher education associations responded swiftly to the Dear Colleague letter this week, urging institutions not to overreact or try to comply preemptively with the guidance.

OCR’s Dear Colleague letter followed several recent federal executive orders and other actions targeting diversity, equity, inclusion, and accessibility efforts broadly. Some of these are being challenged in the courts. Additionally, Maryland State Attorney General Anthony G. Brown, together with 15 other state attorneys general, have issued this multistate guidance on diversity, equity, inclusion, and accessibility employment initiatives.

We take seriously the direct targeting of this work, which is so central to our identity and core values. We are monitoring closely the orders and actions related to these issues and assessing as best we can the risk and potential impacts for UMBC. We also are continuing to hold UMBC to the highest standards in adhering to university policies and applicable state and federal laws.

To that end, I want to reiterate that all of the university’s programs and activities are open for full participation by all individuals, regardless of race, color, religion, sex, national origin, or any other protected category under applicable federal law, state law, and the university's nondiscrimination policy.

Who we are as an institution demands that we continue to:

Create a community culture that values each individual

Protect the civil rights of all faculty, staff, and students

Come together across differences

Uphold free speech and academic freedom

This is not the work of a single office or division, but rather the collective responsibility of our entire campus community. Thank you again for your support, your dedication, and your partnership.

Sincerely,

Tanyka M. Barber

Vice President for Institutional Equity and Chief Diversity Officer