By Heather Fabritze
News Editor
On Feb. 14, the Department of Education released a “Dear Colleague” letter recommending that all academic institutions remove diversity, equity, and inclusion-related positions and programs within 14 days. If any institution, including Washington College, fails to do so, they risk losing essential federal funding.
According to Vice President of Student Affairs Sarah Feyerherm, “Dear Colleague” letters provide guidance from the government on how colleges should comply with laws. This particular letter addresses Title VI of the Civil Rights Act of 1964, which prohibits discrimination based on race in federally-funded programs.
The Department of Education based their recommendation on the Supreme Court’s 2023 decision in Students for Fair Admissions v. Harvard, which ruled that Harvard University’s admissions process was discriminatory and effectively ended affirmative action in higher education admissions.
These new guidelines pose a variety of questions for WC’s own DEI initiatives, centers, and positions. While the letter cannot write its requirements into law, it does have a direct effect on the limitations that academic institutions operate under.
“Clearly, [the current administration has] a political agenda, but it’s hard for me to see this letter as a serious entry into policy,” Provost of the College Dr. Kiho Kim said. “I think the letter itself is an attempt to just mess people up, for lack of a better word. Now having said that, and understanding the political intentions, we do have to take the spirit of this letter seriously.”
Since the Department of Education first distributed the letter, the President’s Cabinet has engaged in serious discussions surrounding strategy moving forward. Immediate steps include consulting with legal counsel on the parameters of what we have to change, staying attuned to what our peer colleges are doing, and communicating with the Student Government Association about existing affinity groups.
Dr. Kim and Feyerherm expect that higher profile institutions will challenge the decision in court before the 14 days are up. However, until then, the WC administration is left with many paths forward and little certainty on how to respond.
“We’re in a position where we can figure out how all this is going to play out outside of the College so that we can shape the position in a way that comports with the law, while supporting the mission, vision, and values of the College,” Dr. Kim said. “I can sort of imagine, if we had the Associate Provost for DEI role in place, we would have to be thinking about how to rename it, how to reposition that position, and all those sorts of things.”
As the interim AVP DEI, Dr. Kim assumed the duties of the position while the College prepared for a hiring search to find a permanent candidate, according to prior Elm coverage. With the recent hiring freeze and the Trump administration’s new executive orders, that process has come to a temporary halt.
If the position were to continue to exist separate from Dr. Kim’s duties as Provost, renaming it would not be enough; one stipulation of the “Dear Colleague” letter is that institutions cannot simply remove “DEI” from the titles of their programs and positions. If the new initiatives are merely a proxy for the inclusive work the College was engaging in before, funding could still be at risk.
Outside of attempts at minimal title adjustments, Feyerherm predicts that there will likely be no imminent changes within the community as the Cabinet discerns what programs the letter will likely affect.
In the meantime, WC will continue its existing commitment to DEI in its official operations, according to President of the College Dr. Mike Sosulski.
“Washington College is not going to change its stance on diversity, equity, and inclusion,” President Sosulski said. “We care about all members of our community, and we will continue to do that work. It’s unfortunate that we’re seeing programs that are really important to helping people be successful, no matter who they are, where they come from, or how they identify, are appearing to be threatened right now, but we’re certainly going to continue the work.”
Director of Student Intercultural Affairs Nicolle Moaney is one such staff member whose position and duties relate directly to the promotion of DEI. She works closely with the AVP DEI and the SGA Secretary of DEI to ensure that campus programming directly reflects our institution’s commitment to diverse thought, which the letter is challenging.
While Moaney acknowledges the fear and confusion that orders like the one released on Feb. 14 have caused in communities across the U.S., she recalls the strong student response to similar anti-DEI efforts in 2016.
“In almost all directions, I noticed a rejection of apathy and [a] surge in student activism,” Moaney said. “At every turn, there were deeper investments in advocacy, community support, civic engagement, and service-learning that inspired the formation of new student groups, many of which are still active today.”
According to a recent email from Moaney, also sent on Feb. 14, there are currently 18 affinity groups on campus. Of those, multiple are based around celebrating inclusivity and actively promoting DEI efforts within the community.
Executive board election season for these groups is currently underway as they continue to operate through national uncertainty. An Affinity Group Council also meets once per month from 7 to 8 p.m. and is open to all affinity group members.
Not only does Moaney predict that these students will continue to protect DEI within the community, but Feyerherm believes that staff will perform similarly. She describes the deep care that is institutionalized at WC, including the staff in Student Affairs, Residential Life, the Intercultural Center, and Student Engagement.
Although these groups may now be limited in the types of programming they are allowed to put out, this does not change the way WC’s staff values its students, their identities, and who they are as people.
“There’s a lot of opinions about how higher education should respond to this, and everybody has their opinion,” Feyerherm said. “We will always do what’s best for Washington College and their students. I’m hoping that that will be the throughline through all of this, no matter what comes out. That’s my hope.”
While WC’s values may remain the same, Dr. Kim does warn that the College must still comply with the law, including warrants or unannounced visits from U.S. Immigration and Customs Enforcement. The Department of Public Safety cannot legally act as a barrier between ICE and students due to the risk it poses to federal funding, but members of administration are developing guidance, so students are acutely aware of their rights.
One silver lining of these two tumultuous weeks, Dr. Kim believes, is that the uncertainty is forcing WC to consider what DEI really means to our campus and how we can pursue inclusivity in the future, whatever form that may take.
“The hearts and minds of the people who work here have not changed,” Dr. Kim said. “We may have to change titles, but the ideals of diversity, equity, and inclusion haven’t gone away.”